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State v. Cookson12/1/2003
ial, and he claimed to have killed Gould and Treven. Vantol told the police that Cookson offered to pay him $10,000 to kill Gould and that Cookson drove Vantol to Gould's sister's house on the morning of the murders. Once inside the residence, Vantol said that he pulled the gun on Gould, and when she ran to the bedroom, he shot her. According to Vantol, he then shot Treven.
After Vantol's confession to the police, he received treatment at a psychiatric hospital, and he recanted his confession to his psychiatrist. Vantol testified at the motion hearing that he was not involved with the killing of Gould and Treven. He testified that Cookson, whom he had visited in jail on several occasions, told him what to say and provided him with all of the details. Vantol said he first confessed to Cookson's lawyers, telling them that he had shot Gould in self-defense. It did not appear that Cookson's lawyers believed him, and when Vantol visited Cookson in jail, Cookson told him to tell the lawyers another version. A jail official testified and corroborated the dates of Vantol's visits to Cookson. Vantol's psychiatrist testified that Vantol had low intelligence, functioned at the level of a twelve or thirteen-year-old, and was easily influenced by others. The court found that Vantol was truthful at the motion hearing and that he had fabricated his confession at Cookson's instigation.
The court denied Cookson's new trial motion, finding that he had failed to demonstrate that the murder weapon could not have been discovered before trial by the exercise of reasonable diligence. The court also held that because Vantol's confession was made to the defense team before the conclusion of the trial, it was not newly discovered evidence. With regard to the erroneous testimony of the firearms expert, the court held that the error could have been discovered before trial by reasonable diligence, and was, therefore, not newly discovered. Because the expert's opinion was based on a mistake and was not an intentional falsehood, the court concluded that Cookson was not denied due process.
Cookson was sentenced a few weeks after the court issued its denial of the new trial motion. The court imposed consecutive life sentences. As factors warranting life sentences, the court relied on the multiple deaths, Cookson's history of domestic violence, and his extreme cruelty to the victims. In addition, the court focused on the premeditation aspects of the crimes, describing the planning and steps that Cookson had taken to commit the murders. In deciding to make the sentences consecutive, the court listed the extreme cruelty to the victims; Cookson's history of stalking; his violation of protection orders; the incomprehensible slaying of a toddler; and the unusually serious nature of the crimes.
Cookson timely appealed his convictions, the denial of his new trial motion, and the sentences. We granted Cookson leave to appeal the sentences pursuant to 15 M.R.S.A. ยง 2151 (2003) and M.R. App. P. 20.
II. Testimony of The Nurse Practitioner
At trial, the court admitted the testimony of a nurse practitioner who had treated Gould for depression. The State moved in limine to allow the testimony, and the court first heard the nurse practitioner's testimony out of the presence of the jury. The court found that the nurse practitioner was licensed to diagnose and treat common medical problems such as depression. Because of her license and experience, she was qualified to testify as an expert and she could testify about the diagnosis of depression as well as the history that she obtained from Gould. On appeal, Cookson challenges both the qualifications of the nurse practitioner to testi
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