State v. Gurney
2012 ME 14
| Me. | 2012Background
- Gurney murdered the 18-year-old victim after-neck strangulation, then decapitated and set fire to the scene; actions included foreach with gasoline and disposal of belongings.
- Gurney’s laptop and cell phone were seized; a beheading-video reference appeared in unallocated hard-drive space.
- Defense challenged warrants for laptop/cell phone searches and sought suppression of related evidence.
- Judge conducted a nine-day jury-waived trial; expert and lay testimony on mental state were admitted.
- Court found evidence supported criminal responsibility; denied suppression and insanity defenses; imposed concurrent sentences.
- Facebook evidence was argued to be suppressible but no Facebook evidence was admitted at trial; moot on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of laptop and cell phone evidence | Gurney; Nexus lacking in affidavit | Gurney; insufficient probable cause | No error; probable cause adequate |
| Admission of beheading-video reference from unallocated space | Beheading reference relevant to state of mind | Foundation and prejudice concerns; not adequately established | Admissible; foundation adequate and probative |
| Consideration of journals and emails in mental state determination | Preexisting psychosis evidence supports insanity defense | Court failed to address or give proper weight to evidence | Court's findings supported criminal responsibility; no reversal |
| Insanity defense under 17-A M.R.S. § 39 | Evidence shows substantial lack of capacity to appreciate wrongfulness | Evidence supports lack of capacity | Gurney not found not criminally responsible; evidence sufficient for conviction |
Key Cases Cited
- State v. Nigro, 24 A.3d 1283 (2011 ME 81) (probable cause review with great deference to issuing judge)
- State v. Samson, 916 A.2d 977 (2007 ME 33) (nexus between evidence and locations searched; totality of circumstantial factors)
- State v. Wilbur, 278 A.2d 139 (Me.1971) (foundation for admissibility of evidence; weight goes to jury)
- State v. Milliken, 985 A.2d 1152 (2010 ME 1) (standard of review on fact-findings; appellate deferential review)
- State v. Dilley, 938 A.2d 804 (Me. 2008) (relevance and probative value balancing)