State v. Conlogue

474 A.2d 167 (Me. 1984)

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Nature of the Case

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Facts

Conlogue (D) and Patricia lived at a camp with Patricia's three young children. Donna, who visited the camp observed what she believed to be abusive treatment of a 1.5-year-old by D and alerted DHS. A joint indictment was returned against D and Patricia charging each with aggravated assault. Patricia plead guilty to a charge of endangering the welfare of a child and agreed to testify against D in return for dismissal of the charge. D's trial began, and after the state put on its evidence, D moved for dismissal. D was refused the opportunity to put on evidence from a Dr. Lambert and three defenses witnesses. On direct examination by the State, Dr. Lambert testified to his training and experience with respect to Battered Child Syndrome and he testified to the nature and extent of the child's injuries and his diagnosis of the child as an abused, battered child. On cross-examination, the doctor testified that Patricia told him it was she who had injured the child and then out of the presence of the jury, D made an offer of proof that Patricia had also told the Dr. that she had been abused as a child and that this evidence was consistent with the fact that Patricia had harmed the child; abused children often become abusing parents. The judge ruled that the evidence was not admissible under 404 (a). The court also ruled inadmissible, the testimony of three defense witnesses who indicated that they were former neighbors of Patricia and had seen her physically abuse her other two older children. The court against cited 404(a). D was found guilty and motioned for judgment n.o.v. That was denied. D appealed.