State v. Audette
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MAINE SUPREME JUDICIAL COURT 					                             Reporter of Decisions
Decision:	2002 ME 87
Docket:	   Kno-01-607
Argued :    March 5, 2002
Decided:	May 30, 2002

Panel:  	SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, and CALKINS,
		JJ.

STATE OF MAINE

v.

CARRIE AUDETTE

RUDMAN, J.

	[¶1] 	Carrie Audette appeals from the judgments of conviction entered in the Superior
Court (Knox County, Mead, J.) following a jury verdict finding her guilty of two counts of
trafficking in schedule W drugs (Class B), 17-A M.R.S.A. § 1103 (Supp. 2001).  She contends
that the court erroneously instructed the jury on the entrapment defense, and that the error was
not harmless.  We agree and vacate the judgments.

                                              	I.  STATEMENT OF THE CASE

	[¶2]	In 1997, Dorothy Fuller and her boyfriend, Vance McMahan, were arrested for
possession of between sixty and seventy bags of heroin.  While their cases were pending, the
couple agreed to cooperate with the Maine Drug Enforcement Agency (MDEA) and serve as
confidential informants.  At that time, they gave the MDEA information about the drug trade in
the Rockland area, and specifically about who they knew dealt and used illegal drugs.  Audette's
name was not part of this initial list.  The MDEA asked them to "put out feelers" into the drug
world to acquire information about who was currently dealing drugs.  From December 1999
through March 2000, Fuller and McMahan worked for the MDEA and helped to organize and
participate in the controlled purchases of illegal drugs from multiple dealers in the Rockland area. 
On two occasions, they were able to organize and complete controlled purchases from Audette. 
However, the circumstances surrounding these transactions were disputed at trial.

	[¶3]	According to Fuller, she and Audette had attended high school together but were
never close friends.  In August 1999, they became reacquainted and started to talk on the
telephone one to two times per week.  They talked about numerous aspects of the drug culture,
from Fuller's own drug problems and activities to the general effects of heroin withdrawal.  Fuller
testified that in December 1999, she told Audette that she had started to use drugs again and
asked her whether she knew if there were any in the area.  When Audette answered in the
affirmative, Fuller and McMahan set up a controlled purchase.  Audette sold McMahan six bags
of heroin for $180.  

	[¶4]	In March 2000, Fuller asked Audette if she could obtain cocaine for her.  Again
Audette answered in the affirmative and a second controlled purchase was attempted.  This time,
however, the transaction was not completed.  Later that March, a final controlled buy was
organized.  On this occasion, McMahan went to Audette's home and bought twenty Ritalin pills
for forty dollars.  

	[¶5]	Fuller denied giving Audette presents or otherwise becoming close with her.  She
denied telling Audette that she was sick and denied pressuring Audette to sell drugs.  

	[¶6]	Audette did not dispute that she sold the drugs but instead relied entirely on the
defense of entrapment.  She testified that she and Fuller developed a much closer relationship
than that which Fuller admitted.  She testified that Fuller gave her sweaters and toys for her
children, that they met for coffee at Fuller's apartment, and that they talked often on the
telephone.  Audette testified that by the end of November 1999, Fuller started to talk about
obtaining drugs, and asked Audette if she could get some for her.  She testified that Fuller asked
her to get drugs for her ten times.  Audette stated that she finally agreed to obtain heroin for
Fuller because she sounded "desperate and scared."  According to Audette, Fuller told her that
she was going through heroin withdrawal and that she was very sick, that she was vomiting, had
diarrhea, and that she could possibly die.

	[¶7]	Audette testified that Fuller begged her on many occasions to get cocaine for her. 
She admitted that she bought cocaine in order to sell it to Fuller, but stated that she never sold the
drug.  Furthermore, Audette testified that Fuller asked to buy Ritalin on a number of occasions. 
Audette explained that she was prescribed the medication by her doctor and that she was hesitant
to sell it because she needed the medication for her illness.  She admitted that one of the reasons
she finally agreed to sell Ritalin was to make some extra money to pay her bills.  Audette
maintained that she had never sold drugs prior to the first controlled buy nor did she ever intend
to do so.

	[¶8]	The court agreed to instruct the jury on the entrapment defense.  The entrapment
instruction contained within the Maine Jury Instruction Manual provides, in pertinent part:  

Where the issue is raised by the evidence [as it has been in this
case] then the State must prove beyond a reasonable doubt that the
defendant was not entrapped