Appeal from Superior Court, Chittenden Unit, Criminal
Division, Michael S. Kupersmith, J.
J. Donovan, Jr., Chittenden County State's Attorney, and
Pamela Hall Johnson, Deputy State's Attorney, Burlington,
Michelle Kainen of Kainen Law Office, PC, White River
Junction, for Defendant-Appellant.
PRESENT: Reiber, C.J., Dooley, Skoglund, Robinson and Eaton,
1. Defendant Shawn Kelley argues that this Court should
vacate his domestic assault conviction because numerous
reversible errors occurred during his jury trial.
Specifically, he claims that the trial court improperly
admitted two pieces of hearsay evidence, that the trial court
incorrectly denied his motion for judgment of acquittal, and
that the State made prejudicial remarks during its closing
statement. We affirm.
2. The following facts are drawn from the testimony of
witnesses and the exhibits introduced at trial.
3. On New Year's Eve 2013, defendant and his girlfriend,
the complainant, welcomed the new year at defendant's
apartment. They spent the early part of the evening drinking.
Later in the evening, the dispatcher at the Williston State
Police barracks received a 911 call from the complainant.
Distraught, the complainant spoke with the dispatcher:
DISPATCHER: Vermont 911, where is your emergency?
COMPLAINANT: Umm, I need an ambulance-
COMPLAINANT: 9 Fuller Place.
DISPATCHER: Ok, I need you to speak up a little bit. Nine
DISPATCHER: In what town?
DISPATCHER: Ok. Is this for you or someone else?
DISPATCHER: Ok. How old are you?
COMPLAINANT: I'm forty-seven.
DISPATCHER: Ok. What's happening to you?
COMPLAINANT: I was beaten.
DISPATCHER: Ok, who beat you?
DISPATCHER: Is he still there?
DISPATCHER: Ok. Is he hiding or does he-
COMPLAINANT: I'm- No-
DISPATCHER: Are you hiding?
COMPLAINANT: Well, kind of . . . yes.
DISPATCHER: K, what is your ...