Opinion
CR-23-20495
02-13-2024
STATE OF MAINE v. Martin Miller, Defendant.
JOINDER ORDER
The court has heard oral argument on the Defendant's Motion for Relief from Prejudicial Joinder. After review of the discovery provided including the police reports, the court grants the motion. The complaint alleges nine counts of assault and one count of unlawful sexual touching. The state argues these events are part of a common scheme involving a series of unwanted touchings by the defendant upon young women he was working alongside. Each count alleges a different victim.
The court recognizes the validity of the state's position but notes that count one alleges more specifically a touch of a sexual nature beyond being merely offensive contact. The court concludes this charge warrants a separate trial from the assault counts because of the sexual allegation.
While this court severs this count for trial, it is up to the trial jurist to determine whether evidence of the other alleged assaults is admissable under the 404(b) other act exceptions for purpose of showing motive, lack of mistake or accident or the other purposes allowable under that rule.
Accordingly, count one is separated from counts two through ten. Two through ten remain connected for trial.
Defendant's motion is therefore granted in part.