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State v. Durenleau9/30/1994
antial evidence to support conviction for driving under the influence where defendant was clearly intoxicated at police station, refused ride from police, made no phone calls before leaving police headquarters, had last been seen headed for his vehicle, was found ten minutes later with his vehicle parked outside his home, and no other vehicles had driven into police lot during relevant time period); State v. Derouchie, 140 Vt. 437, 440-42, 440 A.2d 146, 147-48 (1981) (adequate circumstantial evidence that defendant guilty of operating motor vehicle without owner's consent where defendant seen walking slowly near van with keys left inside, man fitting general description of defendant seen driving van after it was reported missing, van found with all but ignition key inside, defendant subsequently found inside van attempting to start it, and ignition key found on floor after his apprehension by police); State v. Bourassa, 137 Vt. 62, 64-65, 68-69, 399 A.2d 507, 509-12 (1979) (sufficient circumstantial evidence where witness saw man fitting defendant's description break into pharmacy late at night, police saw man of same description run into woods, bloodhound led police to spot where defendant had hidden himself, defendant admitted being with co-defendant earlier in the night, and defendant's alibi proved unfounded).
The jury may employ rational inferences to bridge factual gaps left by circumstantial evidence, but at some point rational inference leaves off and speculation begins. In this case, a guilty verdict resulted from jury conjecture and speculation supplementing a meager evidentiary record of defendant's involvement in her husband's death. Defendant may have been happier without her spouse, and may have unwisely continued to associate with Olmstead, a suspected murderer, but the evidence does not permit rational inferences sufficient to establish guilt beyond a reasonable doubt. Therefore, we reverse the conviction and direct entry of a judgment of acquittal. We do not readily overturn a jury's determination, but this Court cannot shrink from its duty to protect an individual's due process right to conviction only by evidence of guilt beyond a reasonable doubt.
Since double jeopardy bars her retrial, Robar, 157 Vt. at 396, 601 A.2d at 1381, we do not reach defendant's other claimed errors.
The judgment of conviction is reversed, and a judgment of acquittal is entered.
FOR THE COURT:
Frederic W. Allen
Chief Justice
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