Are You Going To Skowhegan Fair?

Parsley, Sage, Rosemary and Crime.

The Maine Supreme Judicial Court affirmed a conviction for criminal restraint by a parent. The defendant’s mother had full guardianship of her teenage children.

The facts

On August 15, 2013, [defendant] Retamozzo called her mother and asked for
permission to take the children to the Skowhegan Fair. The mother agreed.
Retamozzo also contacted the court-designated visit supervisor and asked if she
would be willing to supervise a visit at a local park––not at the Skowhegan Fair—
that same day. Retamozzo and the supervisor met at a local business, then drove
together to Retamozzo’s mother’s house in the supervisor’s vehicle to pick up the
children. When they arrived, Retamozzo’s mother told Retamozzo to return the
children later that afternoon. Retamozzo’s mother also noted that the supervisor
did not have enough child car seats in her vehicle, so Retamozzo, the supervisor,
and the children returned to the local business to get Retamozzo’s vehicle, which
was equipped with additional car seats. Retamozzo and the children transferred to
Retamozzo’s vehicle. The supervisor drove separately to the local park and waited
for Retamozzo and the children, but they never showed up.

 The claim of error on appeal was the alleged prejudicial impact of her mother’s testimony that she had visited the defendant in jail.

it is clear from the record that the State did not improperly attempt to elicit the statement at issue from Retamozzo’s mother and quickly moved on to other matters once the statement was made.2 Because there was no prejudice to Retamozzo from her mother’s brief statement, we affirm the conviction.

(Mike Frisch)