ALFRED — A York County Superior Court judge has denied a bid by a Kennebunk man to overturn a jury’s guilty verdict on an aggravated assault charge.
Gary Traynham, whose flight to New Hampshire with his 2-year-old daughter, Hailey, in November 2009 sparked Maine’s first Amber Alert, was originally charged with four counts involving his former girlfriend, Lisa Gould. A jury in March deliberated more than eight hours and convicted Traynham of aggravated assault and criminal restraint, but deadlocked on two other charges: Gross sexual assault and burglary.
His attorney, Amy Fairfield argued Wednesday that the evidence in the case did not support the aggravated assault charge of bodily injury inflicted “under circumstances manifesting extreme indifference to the value of human life,” as required by statute.
Justice G. Arthur Brennan wrote that there was “no question” that Traynham intentionally and knowingly caused some measure of harm to the victim.
“The issue is whether the evidence supports the jury finding that the bodily injury occurred under circumstances manifesting extreme indifference to the value of human life,” Brennan wrote in the order denying the request for a judgment of acquittal.
Traynham and Gould had been a couple, but reportedly split up about two weeks before the Nov. 9, 2009 incident.
Traynham was accused of assaulting Gould in her Sanford apartment, throwing her across a room and choking her. She testified at trial that she blacked out, and said when she regained consciousness she was being sexually assaulted. She was treated at hospital.
Fairfield, Traynham’s attorney, noted that no follow-up medical care was ordered.
Following the incident, Traynham then scooped up their 2-year-old daughter and drove away. The pair was found by a hunter on a woods road in Milton, N.H. about 30 hours later. None of the charges Traynham faced involved the little girl.
Brennan noted that three doctors testified at trial and agreed that manual strangulation is dangerous and can cause death or serious injury.
“The degree of risk involves the amount and duration of the pressure applied to the neck, with loss of consciousness an important factor,” Brennan wrote. “Extreme indifference requires a showing, under all circumstances surrounding the event, of serious impairment to life as a value; a showing that while death or serious bodily injury did not occur, nevertheless a grave result was a reasonably likely outcome.”
He concluded that on the facts presented ”“ viewed most favorably to the state as required by law ”“ a rational jury could conclude that the bodily injury suffered by the victim met the requirements of the statute.
Assistant District Attorney Thaddeus West told reporters following a hearing Wednesday that he had not yet decided whether to recharge Traynham with gross sexual assault and burglary, the two charges that had the jury deadlocked.
Sentencing on the aggravated assault and criminal restraint charges has not yet been set.
Aggravated assault is a Class B felony and carries a maximum sentence of 10 years in prison. Criminal restraint is a misdemeanor, which carries a maximum sentence of 364 days in jail.
— Senior Staff Writer Tammy Wells can be contacted at 324-4444 or twells@journaltribune.com.
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