State of Maine v. Cianchette

• Court: Superior Court of Maine
• Decided: July 31, 2015
• Docket: CUMcr-15-1373
• Status: Unpublished

Opinion

STATE OF MAINE UNIFIED CRIMINAL DOCKET CUMBERLAND, ss. No. CR-15-1373

STATE OF MAINE

V. ORDER

JON CIANCHETTE,

Defendant

Defendant has moved under Rule 17(d) 1 for the production from Spring Harbor and from

David Hodgkins, LCSW of certain records that may be privileged. The proposed subpoenas

attached to defendant's motion states that there are attachments listing the specific records that

are sought but the attachments have not been included with the proposed subpoenas filed with

the court.

The proposed subpoenas also call for production at the offices of defendants' attorney

instead of at the court for in camera inspection. Since there is no dispute that some or all of the

records sought may be privileged, any records that are sought must be submitted for in camera

inspection by the court before any disclosure to counsel. Moreover, the Law Court has held that

subpoenas for cmmseling records that are sought solely because of the possibility that those

records may contain impeachment material may be quashed without in camera review. State v.

Watson, 1999 ME 41 ~ 7, 726 A.2d 214. See State v. Dube, 2014 ME 43 ~ 8, 87 A.3d 1219 (party

seeking subpoena must show that subpoena is not a fishing expedition); State v. Marroquin-

Aldana, 2014 ME 47 ~ 34, 89 A. 3d 519 (purpose of subpoena is not to expand the discovery

rights ofthe parties).

1 Where only records are sought rather than testimony, M.R.Crim.P. 18(f) may be applicable rather than Rule 17(d), but there is no material difference in the procedure involved. Accordingly, the motion is denied without prejudice to resubmission with proposed

subpoenas that (1) include the relevant attachments and (2) call for production at the court for

possible in camera inspection. The court understands that there are other hearings scheduled for

August 4 in this case. Another hearing date will have to be set for the motion in limine to allow a

new proposed court order to be submitted and for proper subpoenas to be issued and for

argument as to whether in camera review is called for or whether the subpoenas should be

quashed under Watson. 2

As the court understands it, the party requesting a subpoena must also provide notice to

the person whose records are at issue. Unless that person expressly waives privilege, waiver will

not be presumed but that person has a right to be heard if he or she wishes.

Dated: July ~ I , 20 15

Thomas D. Warren Justice, Superior Court

2 If in camera review is ordered, the court will request the positions of the parties with respect to the determination of what material is privileged and what is non-privileged and whether and under what circumstances privileged material can be disclosed. M.R.Evid. 503 does not appear to contain any exception applicable to this situation.

2 STATE OF MAINE CRIMINAL DOCKET vs CUMBERLAND, ss. JON KENT CIANCHETI'E Docket No CUMCD-CR-2015-01373 8 ORLANDO ST SOUTH PORTLAND ME 04106 DOCKET RECORD DOB: 03/13/1958 Attorney: THOMAS HALLETT State's Attorney: MEGAN ELAM HALLETT WHIPPLE PA 75 MARKET ST SUITE 502 PO BOX7508 PORTLAND ME 04112-7508 RETAINED 06/08/2015 Filing Document: CRIMINAL COMPLAINT Major Case Type: FELONY (CLASS A,B,C) Filing Date: 03/11/2015 Charge(s) 1 AGGRAVATED PROMOTION OF PROSTITUTION 09/01/2013 SOUTH PORTLAND Seq 782 17-A 852(l)(A) Class B ESTABROOK CUM 2 AGGRAVATEDSEXTRAFFICKING 10/09/2013 SOUTH PORTLAND Seq 12764 17-A 852(1)(A) Class B ESTABROOK CUM 3 GROSS SEXUAL ASSAULT 09/01/2013 SOUTH PORTLAND Seq 638 17-A 253(2)(B) Class B ESTABROOK· CUM 4 PROMOTION OF PROSTITUTION 09/01/2013 SOUTH PORTLAND Seq783 17-A 853(1) Class D ESTABROOK CUM 5 SEX TRAFFICKING 10/09/2013 SOUTH PORTLAND Seq 12767 17-A 853(l)(A) Class D ESTABROOK CUM 6 SEX TRAFFICKING 10/09/2013 SOUTH PORTLAND Seq 12767 17-A 853(l)(A) Class D Charged with SUPERSEDING INDICTMENT on Supplemental Filing. ESTABROOK CUM 7 SEX TRAFFICKING 10/09/2013 SOUTH PORTLAND Seq 12767 17-A 853(1)(A) Class D Charged with SUPERSEDING INDICTMENT on Supplemental Filing. ESTABROOK CUM 8 SEX TRAFFICKING 10/09/2013 SOUTH PORTLAND Seq 12767 17-A 853(l)(A) Class D Charged with SUPERSEDING INDICTMENT on Supplemental Filing. ESTABROOK CUM 9 SEX TRAFFICKING 10/09/2013 SOUTH PORTLAND Seq 12767 17-A 853(l)(A) Class D Charged with SUPERSEDING INDICTMENT on Supplemental Filing. ESTABROOK CUM 10 SEX TRAFFICKING 10/09/2013 SOUTH PORTLAND Seq 12767 17-A 853(1 )(A) Class D Charged with SUPERSEDING INDICTMENT on Supplemental Filing. ESTABROOK CUM Docket Events: 03/11/2015 FILING DOCUMENT- CRIMINAL COMPLAINT FILED ON 03111/2015

03/1112015 BAIL BOND- $10,000.00 CASH BAIL BOND SET BY COURT ON 03111/2015 PAULE EGGERT , JUDGE $10,000 CASH BAIL & MPTS CONTRACT. NO CONTACT DIRECT OR INDIRECT WITH ANY VICTIMS/WITNESSES IN THIS CASE AND SHALL NOT ENTER OR GO UPON THE PREMISES OF ANY RESIDENCE OR PLACE OF EMPLOYMENT OF SAME. NO USE/POSSESSION OF ALCOHOL/MARIJUANA/ILLEGAL DRUGS OR DANGEROUS WEAPONS INCLUDING BUT NOT LI MITED TO FIREARMS AND SUBMIT TO RANDOM SEARCHES AND TESTING FOR SAME. NOTIFY THE COURT OF ANY CHANGE OF ADDRESS OR EMPLOYMENT. SHALL NOT HAVE ANY UNRELATED PERSONS RESIDING WITH HIM 03/11/2015 OTHER FILING- OTHER DOCUMENT FILED ON 03111/2015

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DA: MEGAN ELAM STATE'S REQUEST FOR BAIL ON WARRANT 0311112015 MOTION- MOTION TO IMPOUND ALED BY STATE ON 03111/2015

DA: MEGAN ELAM MOTION TO IMPOUND COMPLAINT AND AFFIDAVIT IN SUPPORT OF ARREST WARRANT AND INTIAL DETERMINATION OF PROBABLE CAUSE. 03111/2015 MOTION- MOTION TO IMPOUND GRANTED ON 03/11/2015 PAULE EGGERT ,JUDGE IN PART-AFFIDAVIT IN SUPPORT OF ARREST WARRANT 03111/2015 ORDER- COURT ORDER ENTERED ON 03111/2015 PAULE EGGERT ,JUDGE IT IS ORDERED THAT THE AFFIDAVIT IN SUPPORT OF ARREST WARRANT IN THIS MA ITER BE IMPOUNDED, TO REMAIN UNDER SEAL UNTIL FURTHER ORDER OF THIS COURT OR ANOTHER COURT HAVING JURIDICTION IN THIS MATTER. 03111/2015 WARRANT- $10,000.00 ON AFFIDAVIT ORDERED ON 03/1112015 PAULE EGGERT , JUDGE $10,000 CASH BAIL & MPTS CONTRACT. NO CONTACT DIRECT OR INDIRECT WITH ANY VICTIMS/WITNESSES IN THIS CASE AND SHALL NOT ENTER OR GO UPON THE PREMISES OF ANY RESIDENCE OR PLACE OF EMPLOYMENT OF SAME. NO USE/POSSESSION OF ALCOHOL/MARIJUANA/ILLEGAL DRUGS OR DANGEROUS WEAPONS INCLUDING BUT NOT LIMITED TO AREARMS AND SUBMIT TO RANDOM SEARCHES AND TESTING FOR SAME. NOTIFY THE COURT OF ANY CHANGE OF ADDRESS OR EMPLOYMENT. SHALL NOT HAVE ANY UNRELATED PERSONS RESIDING WITH HIM 03111/2015 WARRANT- $10,000.00 ON AFFIDAVIT ISSUED ON 03/ll/20I5

$IO,OOO CASH BAIL & MPTS CONTRACT. NO CONTACT DIRECT OR INDIRECT WITH ANY VICTIMS/WITNESSES IN THIS CASE AND SHALL NOT ENTER OR GO UPON THE PREMISES OF ANY RESIDENCE OR PLACE OF EMPLOYMENT OF SAME. NO USE/POSSESSION OF ALCOHOL/MARIJUANA/ILLEGAL DRUGS OR DANGEROUS WEAPONS INCLUDING BUT NOT LIMITED TO AREARMS AND SUBMIT TO RANDOM SEARCHES AND TESTING FOR SAME. NOTIFY THE COURT OF ANY CHANGE OF ADDRESS OR EMPLOYMENT. SHALL NOT HAVE ANY UNRELATED PERSONS RESIDING WITH HIM 0311112015 WARRANT- ON AFFIDAVIT EXECUTED BY AGENCY ON 0311 I/20I5 at 05:38p.m.

03116/20I5 Party(s): JON KENT CIANCHETTE ATTORNEY- RETAINED ENTERED ON 03/13/20I5

Attorney: CLIFFORD STRIKE 03/I6/20I5 Charge(s): I ,2,3,4,5 HEARING - INITIAL APPEARANCE HELD ON 03113/2015 MARY KELLY ,JUDGE Attorney: CLIFFORD STRIKE DA: HANNAH MAY Defendant Not Present in Court 03/16/20I5 Charge(s): 1,2,3,4,5 PLEA - NO ANSWER ENTERED BY DEFENDANT ON 03/ I 3/20 I 5

03/I6/20I5 BAIL BOND- CASH BAIL BOND SET BY COURT ON 03/13/20I5 MARY KELLY , JUDGE $7,500. WIMPS CONTRACT AND CONDS. 03116/2015 HEARING- DISPOSITIONAL CONFERENCE SCHEDULED FOR 05/26/20I5 at 08:30a.m. in Room No. 7

03/16/2015 TRIAL- JURY TRIAL SCHEDULED FOR 06/22/2015 at 08:30a.m. in Room No. I I

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NOTICE TO PARTIES/COUNSEL 03/16/2015 MOTION- MOTION TO IMPOUND VACATED ON 03/13/2015 MARY KELLY ,JUDGE 03/18/2015 HEARING- BAIL HEARING SCHEDULED FOR 03/24/2015 at 01:00p.m. in Room No.

NOTICE TO PARTIES/COUNSEL 03118/2015 HEARING- BAIL HEARING NOTICE SENT ON 03/18/2015

03/20/2015 MOTION- MOTION TO AMEND BAIL FILED BY DEFENDANT ON 03118/2015

Attorney: CLIFFORD STRIKE 03/25/2015 HEARING- BAIL HEARING HELD ON 03/24/2015 JEFF MOSKOWITZ , JUDGE Attorney: CLIFFORD STRIKE DA: MEGAN ELAM Defendant Present in Court TAPE 6720 MOTION GRANTED NEW BAIL SET 03/25/2015 MOTION- MOTION TO AMEND BAIL GRANTED ON 03/24/2015 JEFF MOSKOWITZ , JUDGE COPY TO PARTIES/COUNSEL NEW CONDITIONS OF RELEASE ISSUED 03/25/2015 BAIL BOND- $20,000.00 CASH BAIL BOND SET BY COURT ON 03/24/2015 JEFF MOSKOWITZ , JUDGE Attorney: CLIFFORD STRIKE DA: MICHAEL MADIGAN $20,000 CONCURRENT WITH I4-6224 WITH CONDITIONS 04/10/2015 Charge(s): I ,2,3,4,5,6,7,8,9,IO SUPPLEMENTAL FILING- SUPERSEDING INDICfMENT FILED ON 04/10/2015 JIM PAUL TURCOTTE, ASSISTANT CLERK 04/I0/20I5 Charge(s): 1,2,3,4,5,6,7,8,9,10 HEARING- ARRAIGNMENT SCHEDULED FOR 04/22/20I5 at OI :00 p.m. in Room No.

04/10/2015 Charge(s): 1,2,3,4,5,6,7,8,9,10 HEARING- ARRAIGNMENT NOTICE SENT ON 04/10/20I5 JIM PAUL TURCOTTE ,ASSISTANT CLERK 04/23/20I5 Charge(s): I ,2,3,4,5,6,7,8,9,IO HEARING- ARRAIGNMENT HELD ON 04/22/20I5 ROLAND A COLE , JUSTICE DA: JULIA SHERIDAN Defendant Present in Court DEFENDANT INFORMED OF CHARGES. 21 DAYS TO FILE MOTIONS FTR#I 04/23/2015 Charge(s): I ,2,3,4,5,6,7,8,9,IO PLEA- NOT GUILTY ENTERED BY DEFENDANT ON 04/22/20I5

04/23/20I5 BAIL BOND- CASH BAIL BOND CONTINUED AS SET ON 04/22/20I5 ROLAND A COLE , JUSTICE 05111120I5 HEARING- DISPOSITIONAL CONFERENCE NOTICE SENT ON 05/1112015

05/26/2015 HEARING- DISPOSITIONAL CONFERENCE HELD ON 05/26/2015 WILLIAM BRODRICK , JUSTICE Attorney: CLIFFORD STRIKE

CR-200 Page 3 of6 Printed on: 08/03/2015 JON KENT CIANCHE'ITE CUMCD-CR-2015-01373 DOCKET RECORD DA: ANGELA CANNON CONF HELD, OFFER MADE. CASE UNRESOLVED. NEW DISPO DATE GIVEN: 6-10-15 05/26/2015 Charge(s): I ,2,3,4,5,6,7,8,9,10 HEARING- DISPOSITIONAL CONFERENCE SCHEDULED FOR 06/10/2015 at 08:30a.m. in Room No. 7

05/27/2015 Charge(s): I ,2,3,4,5,6,7,8,9,10 HEARING- DISPOSITIONAL CONFERENCE NOTICE SENT ON 05/27/2015

06/09/2015 Party(s): JON KENT CIANCHETTE ATTORNEY- RETAINED ENTERED ON 06/08/2015

Attorney: THOMAS HALLETT 06/09/2015 MOTION - MOTION TO CONTINUE FILED BY STATE ON 06/09/2015

TO CONTINUE DC 6-10-15. 06/10/2015 MOTION- MOTION TO CONTINUE GRANTED ON 06/10/2015 ROLAND A COLE , JUSTICE COPY TO PARTIES/COUNSEL 06/10/2015 Charge(s): I ,2,3,4,5,6,7 ,8,9,10 HEARING- DISPOSITIONAL CONFERENCE CONTINUED ON 06/10/2015 ROLAND A COLE , JUSTICE NEW DC. 06/10/2015 HEARING- DISPOSITIONAL CONFERENCE SCHEDULED FOR 06/24/2015 at 08:30a.m. in Room No. 7

06/10/2015 TRIAL- JURY TRIAL CONTINUED ON 06/10/2015

06/11/2015 HEARING- DISPOSITIONAL CONFERENCE NOTICE SENT ON 06/11/2015

06112/2015 MOTION- MOTION FOR WITHDRAWAL OFCNSL FILED BY COUNSEL ON 06/12/2015

Attorney: CLIFFORD STRIKE 06/12/2015 MOTION- MOTION FOR WITHDRAWAL OFCNSLGRANTED ON 06/12/2015 ROLAND A COLE , JUSTICE COPY TO PARTIES/COUNSEL 06112/2015 Party(s): JON KENT CIANCHETTE ATTORNEY - WITHDRAWN ORDERED ON 06/12/2015

Attorney: CLIFFORD STRIKE 06/24/2015 HEARING- DISPOSITIONAL CONFERENCE HELD ON 06/24/2015 ROLAND A COLE , JUSTICE Attorney: THOMAS HALLETT DA: MEGAN ELAM HELD- OFFER MADE - SET FOR ANOTHER DISPO 7-22-15 06/24/2015 TRIAL- JURY TRIAL SCHEDULED FOR 09/14/2015 at 08:30a.m. in Room No. II

NOTICE TO PARTIES/COUNSEL 06/24/2015 Charge(s): I ,2,3,4,5,6,7,8,9,10 HEARING- DISPOSITIONAL CONFERENCE SCHEDULED FOR 07/22/2015 at 08:30a.m. in Room No. 7

07/10/2015 BAIL BOND- CONCURRENT BAIL BOND FILED ON 07/09/2015

CR-200 Page 4 of6 Printed on: 08/03/2015 JON KENT CIANCHETIE CUMCD-CR-20 I 5-0 I 373 DOCKET RECORD BAIL IS CONCURRENT TO CUMCDCR20I406224 HAVING BAIL ID YII956 AS PRIMARY. 07/22/20I5 Charge(s): I,2,3,4,5,6,7,8,9,IO HEARING- DISPOSITIONAL CONFERENCE HELD ON 07/22/2015 JOYCE A WHEELER , JUSTICE Attorney: THOMAS HALLETI DA: MEGAN ELAM TWO MOTION DATES WILL BE NEEDED. JURY SELECTION GIVEN NEW DATE. MOTIONS TO BE FILED. 07/22/2015 TRIAL- JURY TRIAL CONTINUED ON 07/22/20I5 JOYCE A WHEELER , JUSTICE 07/22/2015 TRIAL- JURY TRIAL SCHEDULED FOR 11/16/2015 at 08:30a.m. in Room No. II

NOTICE TO PARTIES/COUNSEL 07/29/2015 Charge(s): I,2,3,4,5,6,7,8,9,IO MOTION- MOTION TO SEVER CHARGE FILED BY DEFENDANT ON 07/27/2015

COUNTS 07/29/2015 Charge(s): I ,2,3,4,5,6,7,8,9,IO HEARING- MOTION TO SEVER CHARGE SCHEDULED FOR 10/06/2015 at 01:00p.m. in Room No. I

NOTICE TO PARTIES/COUNSEL 07/29/2015 Charge(s): I ,2,3,4,5,6,7,8,9,IO HEARING- MOTION TO SEVER CHARGE NOTICE SENT ON 07/29/2015

07/29/2015 MOTION- MOTION FOR DISCOVERY FILED BY DEFENDANT ON 07/27/2015

07/29/2015 HEARING- MOTION FOR DISCOVERY SCHEDULED FOR 08/04/2015 at OJ :00 p.m. in Room No. I

NOTICE TO PARTIES/COUNSEL 07/29/2015 HEARING- MOTION FOR DISCOVERY NOTICE SENT ON 07/29/2015

07/29/2015 MOTION- MOTION TO SUPPRESS EVIDENCE FILED BY DEFENDANT ON 07/27/2015

AND MOTION TO DISMISS. 07/29/2015 HEARING- MOTION TO SUPPRESS EVIDENCE SCHEDULED FOR 08/0412015 at 01:00p.m. in Room No.

NOTICE TO PARTIES/COUNSEL 07/29/2015 HEARING- MOTION TO SUPPRESS EVIDENCE NOTICE SENT ON 07/29/2015

07/29/2015 MOTION- MOTION FOR DISCOVERY FILED BY DEFENDANT ON 07/27/20I5

EXPERT'S WITNESS 07/29/2015 HEARING- MOTION FOR DISCOVERY SCHEDULED FOR 08/04/2015 at 01:00p.m. in Room No.

NOTICE TO PARTIES/COUNSEL 07/29/2015 HEARING- MOTION FOR DISCOVERY NOTICE SENT ON 07/29/2015

07/29/2015 ORDER- COURT ORDER ENTERED ON 07/29/2015 THOMAS D WARREN , JUSTICE DEFENDANT'S MOTION IN LIMINE FOR PRIVILEGED OR PROTECTED DOCUMENTARY EVIDENCE TO BE PRODUCED FOR INCAMERA INSPECTION BY THE COURT IS GRANTED WITH THE AMENDMENT THAT THE SUBPOENA RECORDS SHALL NOT BE PRODUCED AT THE OFFICES OF DEFENDANT'S ATTORNY BUT SHALL BE PRODUCED FOR IN CAMERA INSPECTION.

CR-200 Page 5 of 6 Printed on: 08/03/2015 JON KENT CIANCHElTE CUMCD-CR-2015-01373 DOCKET RECORD 08/03/2015 MOTION- MOTION IN LIMINE, RULE 17 ALED BY DEFENDANT ON 08/03/2015

08/03/2015 ORDER- COURT ORDER ALED ON 08/03/2015 THOMAS D WARREN , JUSTICE ORDER ON MOTION IN LIMINE UNDER RULE 17D. 08/03/2015 MOTION- MOTION IN LIMINE, RULE 17 DENIED ON 08/03/2015 THOMAS D WARREN , JUSTICE DENIED WITHOUT PREJUDICE TO RESUBMISSION WITH PROPOSED SUBPOEANAS THAT INCLUDE THE RELEVANT ATTACHMENTS AND CALL FOR PRODUCTION AT THE COURT FOR POSSIBLE IN CAMERA INSPECTION. THE COURT UNDERSTANDS THAT THERE ARE OTHER HEARINGS SCHEDULED FOR 8-4 IN THIS CASE. ANOTHER HEARING DATE WILL HAVE TO BE SET FOR THE MOTION IN LIMINE TO ALLOW A NEW PROPOSED COURT ORDER TO BE SUBMITTED AND FOR PROPER SUBPOENAS TO BE ISSUED & FOR ARGUMENT AS TO WHETHER INCAMERA REVIEW IS CALLED FOR OR QUASHED. SEE ORDER

A TRUE COPY ATfEST: ----------------------- Clerk

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