State of Maine v. Brasier

• Court: Superior Court of Maine
• Decided: June 20, 2017
• Docket: CUMcr-17-859
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss CIVIL ACTION DOCKET NO. CR-17-859

ST ATE OF MAINE

V. ORDER ON MOTION TO DISMISS AND MOTION FOR BILL OF PARTICULARS MATTHEW BRASIER,

Defendant

Before the court is defendant's motion to dismiss the indictment and motion for a bill of

particulars. Defendant argues the State must identify a particular date or time on which

defendant allegedly committed the offenses as opposed to "on or about August 15, 2016 and

October 15, 2016." The State argues that although defendant and the alleged victim signed a

contract on a certain date, they were in continuous discussion and negotiation regarding the work

to be completed during the time period alleged in the indictment.

Defendant has received discovery and, based on the State's theory of the case, can use the

information provided to "prepare an adequate defense, to avoid prejudicial surprise at trial, and

to establish a record upon which to plead double jeopardy if necessary." State v. Flynn, 2015

ME 149, ~ 27, 127 A.3d 1239; see State v. Varney, 641 A.2d 185,186 (Me. 1994) (State is "not

required to file a bill of particulars when it cannot pinpoint the date of an alleged offense with

any greater specificity than it has in the indictment.") (citation and internal quotation omitted).

The entry is:

Defendant's Motion to Dismiss and Mo are DENIED.

Date: June 20, 2017 S,ATEOF MAINE CRIMINAL DOCKET vs CUMBERLAND, ss. MATTHEW A BRASIER Docket No CUMCD-CR-2017-00859 53 MOUNTAIN ROAD ALFRED ME 04002 D OCKET RECORD DOB: 11/30/1974 Attorney: PATRICK GORDON State's Attorney: AMANDA DOHERTY FAIRFIELD & ASSOCIATES PA IO STONEY BROOK LANE LYMAN ME 04002 APPOINTED 03/08/2017 Filing Document: INDICTMENT Major Case Type: FELONY (CLASS A, 8,C) Filing Date: 02/14/2017 Charge(s) I HOME REPAIR FRAUD 08/15/2016 CAPE ELIZABETH Seq 4570 17-A 908(l)(C) Class D KENNEDY CAP 2 THEFT BY DECEPTION 08/15/2016 CAPE ELIZABETH Seq 8434 17-A 354(1)(8)(4) Class C KENNEDY CAP Docket Events: 02/15/2017 FILING DOCUMENT- INDICTMENT FILED ON 02/14/2017

02/15/2017 BAIL BOND - $7 ,000 .00 CASH BAIL BOND SET BY COURT ON 02/14/2017 ANDREW HORTON , JUSTICE $7000 CASH BAIL. NO CONTACT DIRECT OR INDIRECT WITH GINGER COTE. 02/15/2017 WARRANT- $7,000 .00 ON COMP/INDICTMENT ORDERED ON 02/14/2017 ANDREW HORTON , JUSTICE $7000 CASH BAIL. NO CONTACT DIRECT OR INDIRECT WITH GINGER COTE. 02/15/2017 WARRANT- $7,000 .00 ON COMP/INDICTMENT ISSUED ON 02/15/2017

$7000 CASH BAIL. NO CONTACT DIRECT OR INDIRECT WITH GINGER COTE. 03/02/2017 WARRANT - ON COMP/INDICTMENT EXECUTED BY AGENCY ON 03/02/2017 at 08:22 p.m.

03/08/2017 Charge(s): 1,2 HEARING - ARRAIGNMENT SCHEDULED FOR 03/08/2017 at 01:00 p.m. in Room No.

03/09/2017 Charge(s) : 1,2 HEARING - ARRAIGNMENT HELD ON 03/08/2017 THOMAS D WARREN , JUSTICE DA : STEPHANIE ANDERSON Defendant Present in Court DEFENDANT INFORMED OF CHARGES. FTRl 03/09/2017 Charge(s): 1,2 PLEA- NOT GUILTY ENTERED BY DEFENDANT ON 03/08/2017 THOMAS D WARREN , JUSTICE 03/09/2017 Charge(s): 1,2 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 05/18/2017 at 10:00 a.m. in Room No. 7

03/09/2017 Charge(s): 1,2 TRIAL - JURY TRIAL SCHEDULED FOR 07/24/2017 at 08:30 a.m. in Room No . 11

NOTICE TO PARTIES/COUNSEL 03/09/2017 BAIL BOND - $500.00 CASH BAIL BOND SET BY COURT ON 03/08/2017 THOMAS D WARREN , JUSTICE CR-200 Pagel of 3 Printed on: 06/27/2017 MATTHEW A BRASIER CUMCD-CR-2017-00859 DOCKET RECORD 03/09/2017 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 03/08/2017 THOMAS D WARREN , JUSTICE COPY TO PARTIES/COUNSEL 03/09/2017 Party(s): MATTHEW A BRASIER ATTORNEY - APPOINTED ORDERED ON 03/08/2017

Attorney: PATRICK GORDON 03/13/2017 BAIL BOND- $500.00 CASH BAIL BOND FILED ON 03/10/2017

Bail Receipt Type: CR Bail Amt: $500 Receipt Type: CK Date Bailed: 03/08/2017 Prvdr Name: STEPHANIE JALBERT Rtrn Name: STEPHANIE JALBERT 409 3RD PARTY DOB 4-2-75 05/19/2017 Charge(s): 1,2 HEARING - DISPOSITIONAL CONFERENCE CONTINUED ON 05/18/2017 at 10:00 a.m. in Room No. 7 PAULA FRITZSCHE ,JUSTICE FTR 7 05/19/2017 Charge(s): 1,2 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 05/25/2017 at 10:00 a.m. in Room No . 7

05/19/2017 Charge(s): 1,2 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 05/19/2017 JIM PAUL TURCOTTE, ASSISTANT CLERK 05/25/2017 Charge(s): 1,2 HEARING - DISPOSITIONAL CONFERENCE HELD ON 05/25/2017 PAULA FRITZSCHE ,JUSTICE Attorney: CORY MCKENNA DA: AMANDA DOHERTY CONF HELD, OFFER MADE. MOTIONS FILED. TO BE HEARD 6-13 05/25/2017 MOTION - MOTION TO DISMISS FILED BY DEFENDANT ON 05/25/2017

AND MOTION FOR BILL OF PARTICULARS 05/25/20 l 7 Charge(s): 1,2 HEARING - MOTION TO DISMISS SCHEDULED FOR 06/13/2017 at 01:00 p.m. in Room No.

NOTICE TO PARTIES/COUNSEL 05/25/2017 Charge(s): 1,2 HEARING - MOTION TO DISMISS NOTICE SENT ON 05/25/2017

06/14/2017 Charge(s): 1,2 HEARING - MOTION TO DISMISS HELD ON 06/13/2017 at 01:00 p.m. in Room No. NANCY MILLS , JUSTICE Attorney: CORY MCKENNA DA: AMANDA DOHERTY Defendant Present in Court FTR 1 06/14/2017 MOTION - MOTION TO DISMISS UNDER ADVISEMENT ON 06/13/2017 NANCY MILLS , JUSTICE 06/27/2017 MOTION - MOTION TO DISMISS DENIED ON 06/27/2017 NANCY MILLS , JUSTICE CR-200 Page 2 of 3 Printed on: 06/27/2017 MATIHEW A BRASIER CUMCD-CR-2017-00859 DOCKET RECORD COPY TO PARTIES/COUNSEL 06/27/2017 ORDER - COURT ORDER FILED ON 06/27/2017 NANCY MILLS ,JUSTICE 06/27/2017 ORDER - COURT ORDER ENTERED ON 06/27/2017 NANCY MILLS , JUSTICE ORDER ON MOTION TO DISMISS AND MOTION FOR BILL OF PARTICULARS IS DENIED . PLEASE SEE ORDER IN FILE

A TRUE COPY ATIEST: - - - - -- -- -- ­ Clerk

CR-200 Page 3 of 3 Printed on: 06/27/2017