2018 ME 160
Me.2018Background
- Travis R. Gerrier was charged in 2015 with gross sexual assault, unlawful sexual contact, and furnishing liquor to a minor; he was indicted in September 2016 and later entered conditional guilty pleas preserving the competency issue on appeal.
- Gerrier has a long history of mental-health treatment, limited cognitive and intellectual abilities, and diagnoses including intellectual disability and autism spectrum disorder; multiple evaluations (psychological, psychosexual, neuropsychological, competency) were completed between 2015–2016.
- A competency hearing was held in December 2016; the court (Mullen, J.) found Gerrier competent to stand trial despite experts expressing concerns about his impairments affecting trial-related skills.
- The trial court relied on the evaluations and testimony and found Gerrier understood the charges, potential consequences (including plea vs. trial), and the sex-offender registry, and could cooperate with counsel.
- Gerrier appealed the competency finding (and unsuccessfully challenged a suppression ruling), was sentenced after conditional pleas, and appealed to the Maine Supreme Judicial Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper burden and evidentiary standard for pretrial competency determinations | State: presumption of competence; party seeking incompetence must prove by preponderance | Gerrier: (implicitly) higher protections or challenge to allocation/standard | Court: competency determined under presumption of competence; burden on party seeking incompetence; preponderance standard applies |
| Whether the trial court applied correct standard and procedures in competency hearing | State: court followed statutory procedures and allowed both sides to present evidence | Gerrier: court erred in finding him competent given his disabilities and expert concerns | Court: no error; trial court correctly allocated burden, applied preponderance standard, and considered appropriate evidence |
| Whether Gerrier was competent to stand trial | State: evidence supports competency (understanding charges, consequences, ability to cooperate) | Gerrier: his intellectual disability, autism, and mood issues substantially impaired trial-competence skills | Court: competent; record contains competent evidence supporting finding that Gerrier met Dusky/Thursby competence criteria |
Key Cases Cited
- Dusky v. United States, 362 U.S. 402 (competency requires ability to consult with counsel and understand proceedings)
- Medina v. California, 505 U.S. 437 (preponderance standard for incompetence burden constitutionally permissible)
- Cooper v. Oklahoma, 517 U.S. 348 (requiring clear-and-convincing proof of incompetence is unconstitutional)
- Thursby v. State, 223 A.2d 61 (Me.) (defendant must understand nature/object of proceedings and assist counsel)
- Haraden v. State, 32 A.3d 448 (Me.) (enumeration of factors courts may consider in assessing ability to assist counsel)
- State v. Lewis, 584 A.2d 622 (Me.) (competency finding is factual and reviewed for clear error)
- State v. Knights, 482 A.2d 436 (Me.) (appellate review affirms competency finding if record contains competent supporting evidence)
- State v. Ledger, 444 A.2d 404 (Me.) (mental illness does not preclude competency)