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State v. Graham3/10/2004
Reporter of Decisions
Argued: February 13, 2004
Edwin Graham appeals from a judgment of conviction for manslaughter (Class A), 17-A M.R.S.A. § 203(1)(A) (Supp. 2003), entered after a jury verdict in the Superior Court (Hancock County, Marden, J.). Graham contends that the court erred when it failed to instruct the jury on sexual self-defense and that this error deprived him of his right to a fair trial. We disagree and affirm the judgment.
I. BACKGROUND
The evidence at trial disclosed the following: On Friday, December 21, 2001, Graham attended a Christmas party hosted by his employer , George Carter, at Carter's store. Zachary Savoy, who lived above the party's location, arrived at the party with a beer in his hand and was more outgoing than usual, according to several of the party-goers. Graham and Savoy were introduced at the party, conversed, and agreed to meet at Graham's trailer after the party ended.
After visiting at the home of a friend, Graham testified that he went back to his trailer, and found Savoy already inside. The two men chatted for a while and drank some beer or vodka. Savoy began to talk about a swingers' bar in Boston and got up to change the track playing on the stereo. Returning to his seat, Savoy put his hand on Graham's shoulder. When Graham turned to look in Savoy's direction, Savoy's face was close to his. Graham then took Savoy's arm and gently placed him back into his seat. Graham told Savoy to respect his space, believing that Savoy had made a pass or a sexual advance. Savoy continued to talk about the swingers' club.
After this incident, Savoy and Graham talked about "outdoor stuff." Savoy pulled out some marijuana. Graham, who had recently quit smoking marijuana and was planning on applying for his commercial driver's license, told Savoy to put the marijuana away or leave. Savoy began to get agitated, and Graham offered him a homemade tinfoil pipe that Graham once used to smoke marijuana. Graham, however, then took Savoy's marijuana and threw it in the trash. He attempted to pull Savoy toward the door. Savoy stated "I'm olzi hime of all time. Don't f - - - with me," and lunged toward Graham. A fistfight ensued.
The fight escalated and moved outside the trailer as Graham continued to kick and punch Savoy, causing Savoy to bleed significantly. Graham hit Savoy across the bridge of his nose with a baseball bat, causing the bat to break in half. Savoy managed to land only three punches during the altercation, one to Graham's face and two to his arms. At some point during the altercation, Savoy was lying in the snow and Graham went to get help. Graham then heard snow crunching behind him and thought it was Savoy coming after him. Graham testified that at this point, "everything started going red" and his "world went black."
When the fight finally ended, Graham went to get his neighbor, and told the neighbor that he had been in a fistfight. The neighbor then walked over to the scene with Graham. After viewing Savoy's "bloody and swollen" condition, and hearing what he described as a "death rattle," the neighbor went back to his home and asked his wife to call an ambulance.
Savoy had suffered numerous injuries, including multiple blunt force injuries to the back of his head, a broken nose, extensive injuries to his face, abrasions and bruises on his face and lips, a chipped tooth, a knocked-out tooth, crushed cartilage and a crushed hyoid bone in his throat, abrasions and bruises to his shoulders and torso, and five stab wounds, one of which deflated his right lung. The chief medical examiner concluded that Savoy's death, which occurred at 7:30 a.m. on Dec
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