327 A.3d 64
Me.2024Background
- Trevor I. DesRosiers was convicted by a jury of three counts of sexual abuse of a minor and three counts of furnishing liquor to a minor involving a 15-year-old victim.
- The events occurred over several days in May 2020, after DesRosiers met the victim via Facebook and initiated a romantic/sexual relationship, with the victim sneaking out to meet him multiple times.
- Evidence included testimony from the victim and her family, Facebook messages showing DesRosiers knew her age, and witness testimony about their encounters.
- DesRosiers denied sexual activity initially but later admitted it to an acquaintance; the victim testified to multiple sexual encounters and that DesRosiers provided her with alcohol.
- At trial, DesRosiers challenged the sufficiency of the evidence as to whether he and the victim were not married, the victim’s age at the time of the acts, and argued prosecutorial misconduct in closing arguments.
- The trial court denied motions for acquittal, entered judgment on all counts, and sentenced DesRosiers; he appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency: Non-marriage element | State did not prove DesRosiers and victim were not married | Circumstantial evidence shows they were not married | Sufficient evidence; circumstantial evidence is permissible |
| Sufficiency: Victim’s age on dates of offenses | Insufficient evidence of victim’s age on charged dates | Document and testimony evidence established victim was 15 | Sufficient evidence established victim’s age |
| Prosecutorial error: Comments in closing argument | Improper vouching, commenting on credibility, enlisting jury, 4th Amdt. | Comments were not error; one improper but harmless error on 4th Amdt. | Only 4th Amdt. comment was error, but harmless beyond doubt |
| Cumulative prosecutorial error | Multiple errors cumulatively deprived right to fair trial | No cumulative prejudicial impact | No reversible error; judgment affirmed |
Key Cases Cited
- State v. Pelletier, 534 A.2d 970 (Me. 1987) (articulates sufficiency of evidence review standard in criminal cases)
- State v. Trask, 223 A.2d 823 (Me. 1966) (jurors may use common sense when assessing evidence)
- State v. Joel H., 755 A.2d 520 (Me. 2000) (circumstantial evidence can establish non-marriage)
- Griffin v. California, 380 U.S. 609 (1965) (prosecutors may not comment on defendant's invocation of constitutional rights)