State v. Slavin3/30/2004
Submitted on Briefs: February 27, 2003
Lenorse Slavin (Slavin) was charged by Information with kidnaping, a felony, in violation of § 45-5-302, MCA, and assault with a weapon, a felony, in violation of § 45-4213(1)(b), MCA. A jury in the Eighteenth Judicial District Court, Gallatin County, found Slavin guilty of kidnaping and the lessor offense of misdemeanor assault, and he appeals from the judgment entered therein. We affirm.
Slavin presents the following issues on appeal:
1. Whether the District Court properly quashed the defendant's subpoenas for the newspaper reporter and editor to appear and testify at trial.
2. Whether the District Court abused its discretion in limiting the testimony of the defendant's expert witness.
FACTUAL AND PROCEDURAL BACKGROUND
Slavin was a caregiver for Marion Merryfield (Merryfield). Merryfield suffers from several medical conditions, including Alpha 1 Antitrypsin Deficiency, which is a lung condition, and Left and Right Complex Temporal Lobe Epilepsy, also commonly known as complex seizures. During a seizure, Merryfield can appear awake, conscious, and under control, but not be aware of what is going on around her. She may also run, flail and injure herself, and may also be aggressive if restrained. Merryfield's condition requires her to be on oxygen and various medications, including Prednisone, which can cause Merryfield to act irrationally.
Due to her condition, Merryfield usually employs a caregiver. In October of 1999, Merryfield employed Slavin as her live-in caregiver. Thereafter, an intimate relationship developed between them.
On the night of January 18, 2001, Merryfield and Slavin were drinking at Merryfield's residence. Sometime after midnight, Merryfield called police and reported that Slavin had thrown her against a bookcase. When Gallatin County Deputy Sheriff Paul Lewis (Lewis) arrived, he questioned Slavin about the reported incident and also about a 9mm gun that Slavin owned. Slavin showed Lewis the gun, which was located in a case under the foot of Slavin's bed. Lewis permitted Slavin to keep the gun. Lewis testified that, after speaking with Merryfield and Slavin, he could not "articulate that a crime had occurred at the residence," so he decided to give Slavin a ride to a local motel in order to separate the parties. In so doing, Lewis told Slavin not to return to the house until everybody was sober and calm.
After Lewis left him at the motel , Slavin called Merryfield and told her to come and get him, but Merryfield reported Slavin's call to police. Lewis then called Slavin. Slavin informed Lewis that Slavin had asked a friend to take him to the friend's home. Lewis replied that was fine, but advised Slavin not to return home. However, a few hours later, Slavin did so, and upon his arrival at Merryfield's home, he retrieved his gun, threw the gun case at Merryfield's feet, chambered a bullet in the gun, told Merryfield he was going to kill her, and confined her to the house. While Slavin was using the bathroom, Merryfield tried to get away, but Slavin caught her outside and drug her by the hair back into the home and into the bedroom, where he again threatened her with the gun. Slavin kept the gun on her for approximately four hours but eventually he fell asleep on the floor near the front of Merryfield's bed. Merryfield testified that if she had wanted to leave the room she "would have had to have gone around him to get to the door to get out."
The following day Merryfield went to the hospital to attend a previously scheduled doctor appointment. She told a nurse, Jane Jacobsen (Jacobsen), and a doctor, Timo
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