STATE OF MAINE UNIFIED CRIMINAL DOCKET CUMBERLAND, ss. No. CR-13-187
STATE OF MAINE
V. ORDER
TIMOTHY DUFFY,
Defendant
The court heard argument on May 29 on the motion by defendant Timothy Duffy to
modify his sentence pursuant to Rule 35. The modification sought concerns a condition of
probation, and at the hearing counsel for petitioner made an oral motion to amend the conditions
of probation.
Specifically, Duffy is seeking to delete the requirement that he obtain an evaluation as
directed by Probation and if necessary sex offender counseling and treatment as recommended.
In the alternative, he is apparently seeking an order that he can have the evaluation conducted by
a counselor he is already seeing.
The court has reviewed the audio recording of Duffy's plea and sentence and finds no
evidence that the imposition of a probation condition requiring evaluation and if necessary sex
offender counseling and treatment was influenced by any mistake of fact. That condition was
specifically requested by the State. Nor is there any evidence that the court mistakenly failed to
provide that the evaluation could be performed by Duffy's current counselor. 1
Duffy's Rule 35 motion is therefore denied.
1 A portion of the discussion occurred at sidebar and is largely unintelligible. However, to the extent that portions of that discussion are audible, they do not support any finding that the sentence was influenced by a mistake of fact. M.R.Crim.P. 35(c)(2). The court will order a transcript in case the transcribers are able to discern more of the proceedings that occurred at sidebar. The court will not issue any decision on the State's motion to revoke based on Duffy's
failure- up to this point- to obtain an evaluation by a counselor deemed qualified by the State
and will also riot issue any .ruling on Duffy's motion to modify the conditions of probation. This
is because the parties have not yet determined (1) whether an evaluation from Duffy's current
counselor would be acceptable to Probation and (2) if not, whether Duffy would be prepared to
submit to an evaluation by a professional deemed qualified by the State.
However, Duffy is on notice that he needs to obtain an evaluation as "directed by {his]
probation officer" and that if Probation concludes his current counselor is not qualified, he risks
revocation if he does not comply with the conditions of probation. See State v. Webb, 673 A.2d
1345 (Me. 1996).
Dated: June _l_, 2015
Thomas D. Warren Justice, Superior Court
2 STATE OF MAINE CRIMINAL DOCKET vs CUMBERLAND, ss. TIMOTHY T DUFFY Docket No CUMCD-CR-2013-00187 12 MAPLE RIDGE DR STANDISH ME 04084 DOCKET RECORD
DOB: 08/24/1975 Attorney: KEVIN MOYNIHAN State's Attorney: STEPHANIE ANDERSON FAIRFIELD & ASSOCIATES PA 80 EXCHANGE ST SUITE 32 PORTLAND ME 04101 RETAINED 01/09/2013 Filing Document: CRIMINAL COMPLAINT Major Case Type: FELONY (CLASS A,B,C) Filing Date: 01/09/2013 Charge(s) I UNLAWFUL SEXUAL CONTACT 01118/2011 GRAY Seq 8409 17-A 255-A(l)(N) Class B THORPE CUM 2 UNLAWFUL SEXUAL TOUCHING 08/01/2004 GRAY Seq9314 17-A 260(1)(G) Class D Charged with INFORMATION on Supplemental Filing. THORPE CUM 3 UNLAWFUL SEXUAL TOUCHING 08/01/2004 GRAY Seq9314 17-A 260(l)(G) Class D Charged with INFORMATION on Supplemental Filing. THORPE CUM Docket Events: 01109/2013 FILING DOCUMENT- CRIMINAL COMPLAINT FILED ON 01/09/2013
0 I /09/2013 Charge(s): I HEARING- INITIAL APPEARANCE SCHEDULED FOR 01/09/2013 at 01:00p.m. in Room No.
NOTICE TO PARTIES/COUNSEL 01/10/2013 Charge(s): I HEARING- INITIAL APPEARANCE HELD ON 01109/2013 JEFF MOSKOWITZ, JUDGE DA: JENNIFER ACKERMAN Defendant Present in Court TAPE4621 01/10/2013 Charge(s): I PLEA- NO ANSWER ENTERED BY DEFENDANT ON 01/09/2013 JEFF MOSKOWITZ , JUDGE 01110/2013 BAIL BOND- $500.00 CASH BAIL BOND SET BY COURT ON 01/09/2013 JEFF MOSKOWITZ , JUDGE $500 CASH W/CONDS AND MPTSC 01/10/2013 HEARING- DISPOSITIONAL CONFERENCE SCHEDULED FOR 03/05/2013 at 10:00 a.m. in Room No. 7
01/10/2013 TRIAL- JURY TRIAL SCHEDULED FOR 04/22/2013 at 08:30a.m. in Room No. II
NOTICE TO PARTIES/COUNSEL 01/10/2013 Party(s): TIMOTHY T DUFFY ATTORNEY- REfAINED ENTERED ON 01/09/2013
Attorney: KEVIN MOYNIHAN 01/10/2013 OTHER FILING- PREfRIAL SERVICES CONTRACT APPROVED ON 01/09/2013 JEFF MOSKOWITZ ,JUDGE 01/22/2013 BAIL BOND- $500.00 CASH BAIL BOND FILED ON 01117/2013
CR-200 Page 1 of 12 Printed on: 06/02/20 IS TIMOTHY T DUHl' CUMCD-CR-20 13-00187 DOCKET RECORD
Bail Receipt Type: CR Bail Amt: $500 Receipt Type: CK Date Bailed: 01/09/2013 Prvdr Name: SHERR! BUKOVSKEY DUFFY Rtrn Name: SHERR! BUKOVSKEY DUFF DOB: 10.01.1970 927 BALWARD BAIL DISBURSEMENT ON 03/10/2014 Check No. 15358 Check Amount: 500.00 Paid To: FARFIELD & ASSOCIATES FORWARDED TO OTHER PARTIES
01/28/2013 MOTION- MOTION TO AMEND BAIL FILED BY DEFENDANT ON 01/28/2013
02/04/2013 MOTION- MOTION TO AMEND BAIL GRANTED ON 01/28/2013 ROLAND A COLE , JUSTICE COPY TO PARTIES/COUNSEL 02/05/2013 BAIL BOND- CASH BAIL BOND AMENDED ON 01/28/2013 ROLAND A COLE , JUSTICE 02.05.14 AMENDED JUSTICE WARREN Date Bailed: 01/09/2013 DOB: 10.01.1970 927 BALWARD BAIL DISBURSEMENT ON 03110/2014 Check No. 15358 Check Amount: 500.00 Paid To: FARFIELD & ASSOCIATES FORWARDED TO OTHER PARTIES
02/1 I /20 13 Charge( s): I SUPPLEMENTAL FILING- INDICTMENT FILED ON 02/07/2013 JAMES TURCOTTE, ASSISTANT CLERK 02/1112013 Charge(s): I HEARING- ARRAIGNMENT SCHEDULED FOR 03/05/2013 in Room No. 7
02/13/2013 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 02/13/2013 DEBBIE COOK, ASSISTANT CLERK 02/27/2013 BAIL BOND- CASH BAIL BOND ASSIGNMENT FILED ON 03/06/2014
Date Bailed: 01/09/2013 DOB: 10.01.1970 927 BALWARD BAIL DISBURSEMENT ON 03/10/2014 Check No. 15358 Check Amount: 500.00 Paid To: FARFIELD & ASSOCIATES FORWARDED TO OTHER PARTIES
02/27/2013 LETTER- FROM PARTY FILED ON 02/27/2013
Attorney: KEVIN MOYNIHAN ASSIGNMENT FILED BUT NOT SIGNED BY 3RD PARTY BAIL PROVIDER 02/28/2013 Charge(s): 1 MOTION- MOTION TO CONTINUE FILED BY DEFENDANT ON 02/28/2013
NO OBJ BY ADA H. MAY 03/0 I /2013 Charge(s): I MOTION- MOTION TO CONTINUE GRANTED ON 02/28/2013 CR-200 Page 2 of 12 Printed on: 06/02/2015 TIMOTHY T DUFFY CUMCD-CR-20 13-00187 DOCKET RECORD ROLAND A COLE , JUSTICE COPY TO PARTIES/COUNSEL 03/0I/20I3 Charge(s): I HEARING- ARRAIGNMENT CONTINUED ON 02/28/20I3 ROLAND A COLE , JUSTICE 03/0I/20I3 HEARING- DISPOSITIONAL CONFERENCE CONTINUED ON 02/28/20I3 ROLAND A COLE , JUSTICE 03/0I/20I3 TRIAL- JURY TRIAL CONTINUED ON 02/28/20I3 ROLAND A COLE , JUSTICE 03/0l/20I3 Charge(s): I HEARING- DISPOSITIONAL CONFERENCE SCHEDULED FOR 04/23/20I3 at 08:30a.m. in Room No. 7
03/0I/20I3 Charge(s): I TRIAL- JURY TRIAL SCHEDULED FOR 06/10/20I3 at 08:30a.m. in Room No. II
NOTICE TO PARTIES/COUNSEL 04/05/2013 Charge(s): I HEARING- DISPOSITIONAL CONFERENCE NOTICE SENT ON 04/05/2013 DEBBIE COOK ,ASSISTANT CLERK 04/23/20I3 Charge(s): I HEARING- DISPOSITIONAL CONFERENCE CONTINUED ON 04/23/20I3 PAULE EGGERT , JUDGE Attorney: KEVIN MOYNIHAN DA: ANGELA CANNON CASE CONTINUED TO 5-21, MOTIONS 6-6 AND TRIAL 6-24. PARTIES NOTIFIED IN CHAMBERS. STATE TO CHECK WITH VICTIM. 04/25/20I3 Charge(s): I TRIAL- JURY TRIAL CONTINUED ON 04/23/20I3
04/25/20I3 HEARING- DISPOSITIONAL CONFERENCE SCHEDULED FOR 05/2I/20I3 at 10:00 a.m. in Room No. 7
04/25/20I3 TRIAL- JURY TRIAL SCHEDULED FOR 06/24/20I3 at 08:30a.m. in Room No. II
NOTICE TO PARTIES/COUNSEL 05110/2013 HEARING- DISPOSITIONAL CONFERENCE NOTICE SENT ON 05110/2013
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STATE OF MAINE UNIFIED CRIMINAL DOCKET CUMBERLAND, ss. No. CR-13-187
STATE OF MAINE
V. ORDER
TIMOTHY DUFFY,
Defendant
The court heard argument on May 29 on the motion by defendant Timothy Duffy to
modify his sentence pursuant to Rule 35. The modification sought concerns a condition of
probation, and at the hearing counsel for petitioner made an oral motion to amend the conditions
of probation.
Specifically, Duffy is seeking to delete the requirement that he obtain an evaluation as
directed by Probation and if necessary sex offender counseling and treatment as recommended.
In the alternative, he is apparently seeking an order that he can have the evaluation conducted by
a counselor he is already seeing.
The court has reviewed the audio recording of Duffy's plea and sentence and finds no
evidence that the imposition of a probation condition requiring evaluation and if necessary sex
offender counseling and treatment was influenced by any mistake of fact. That condition was
specifically requested by the State. Nor is there any evidence that the court mistakenly failed to
provide that the evaluation could be performed by Duffy's current counselor. 1
Duffy's Rule 35 motion is therefore denied.
1 A portion of the discussion occurred at sidebar and is largely unintelligible. However, to the extent that portions of that discussion are audible, they do not support any finding that the sentence was influenced by a mistake of fact. M.R.Crim.P. 35(c)(2). The court will order a transcript in case the transcribers are able to discern more of the proceedings that occurred at sidebar. The court will not issue any decision on the State's motion to revoke based on Duffy's
failure- up to this point- to obtain an evaluation by a counselor deemed qualified by the State
and will also riot issue any .ruling on Duffy's motion to modify the conditions of probation. This
is because the parties have not yet determined (1) whether an evaluation from Duffy's current
counselor would be acceptable to Probation and (2) if not, whether Duffy would be prepared to
submit to an evaluation by a professional deemed qualified by the State.
However, Duffy is on notice that he needs to obtain an evaluation as "directed by {his]
probation officer" and that if Probation concludes his current counselor is not qualified, he risks
revocation if he does not comply with the conditions of probation. See State v. Webb, 673 A.2d
1345 (Me. 1996).
Dated: June _l_, 2015
Thomas D. Warren Justice, Superior Court
2 STATE OF MAINE CRIMINAL DOCKET vs CUMBERLAND, ss. TIMOTHY T DUFFY Docket No CUMCD-CR-2013-00187 12 MAPLE RIDGE DR STANDISH ME 04084 DOCKET RECORD
DOB: 08/24/1975 Attorney: KEVIN MOYNIHAN State's Attorney: STEPHANIE ANDERSON FAIRFIELD & ASSOCIATES PA 80 EXCHANGE ST SUITE 32 PORTLAND ME 04101 RETAINED 01/09/2013 Filing Document: CRIMINAL COMPLAINT Major Case Type: FELONY (CLASS A,B,C) Filing Date: 01/09/2013 Charge(s) I UNLAWFUL SEXUAL CONTACT 01118/2011 GRAY Seq 8409 17-A 255-A(l)(N) Class B THORPE CUM 2 UNLAWFUL SEXUAL TOUCHING 08/01/2004 GRAY Seq9314 17-A 260(1)(G) Class D Charged with INFORMATION on Supplemental Filing. THORPE CUM 3 UNLAWFUL SEXUAL TOUCHING 08/01/2004 GRAY Seq9314 17-A 260(l)(G) Class D Charged with INFORMATION on Supplemental Filing. THORPE CUM Docket Events: 01109/2013 FILING DOCUMENT- CRIMINAL COMPLAINT FILED ON 01/09/2013
0 I /09/2013 Charge(s): I HEARING- INITIAL APPEARANCE SCHEDULED FOR 01/09/2013 at 01:00p.m. in Room No.
NOTICE TO PARTIES/COUNSEL 01/10/2013 Charge(s): I HEARING- INITIAL APPEARANCE HELD ON 01109/2013 JEFF MOSKOWITZ, JUDGE DA: JENNIFER ACKERMAN Defendant Present in Court TAPE4621 01/10/2013 Charge(s): I PLEA- NO ANSWER ENTERED BY DEFENDANT ON 01/09/2013 JEFF MOSKOWITZ , JUDGE 01110/2013 BAIL BOND- $500.00 CASH BAIL BOND SET BY COURT ON 01/09/2013 JEFF MOSKOWITZ , JUDGE $500 CASH W/CONDS AND MPTSC 01/10/2013 HEARING- DISPOSITIONAL CONFERENCE SCHEDULED FOR 03/05/2013 at 10:00 a.m. in Room No. 7
01/10/2013 TRIAL- JURY TRIAL SCHEDULED FOR 04/22/2013 at 08:30a.m. in Room No. II
NOTICE TO PARTIES/COUNSEL 01/10/2013 Party(s): TIMOTHY T DUFFY ATTORNEY- REfAINED ENTERED ON 01/09/2013
Attorney: KEVIN MOYNIHAN 01/10/2013 OTHER FILING- PREfRIAL SERVICES CONTRACT APPROVED ON 01/09/2013 JEFF MOSKOWITZ ,JUDGE 01/22/2013 BAIL BOND- $500.00 CASH BAIL BOND FILED ON 01117/2013
CR-200 Page 1 of 12 Printed on: 06/02/20 IS TIMOTHY T DUHl' CUMCD-CR-20 13-00187 DOCKET RECORD
Bail Receipt Type: CR Bail Amt: $500 Receipt Type: CK Date Bailed: 01/09/2013 Prvdr Name: SHERR! BUKOVSKEY DUFFY Rtrn Name: SHERR! BUKOVSKEY DUFF DOB: 10.01.1970 927 BALWARD BAIL DISBURSEMENT ON 03/10/2014 Check No. 15358 Check Amount: 500.00 Paid To: FARFIELD & ASSOCIATES FORWARDED TO OTHER PARTIES
01/28/2013 MOTION- MOTION TO AMEND BAIL FILED BY DEFENDANT ON 01/28/2013
02/04/2013 MOTION- MOTION TO AMEND BAIL GRANTED ON 01/28/2013 ROLAND A COLE , JUSTICE COPY TO PARTIES/COUNSEL 02/05/2013 BAIL BOND- CASH BAIL BOND AMENDED ON 01/28/2013 ROLAND A COLE , JUSTICE 02.05.14 AMENDED JUSTICE WARREN Date Bailed: 01/09/2013 DOB: 10.01.1970 927 BALWARD BAIL DISBURSEMENT ON 03110/2014 Check No. 15358 Check Amount: 500.00 Paid To: FARFIELD & ASSOCIATES FORWARDED TO OTHER PARTIES
02/1 I /20 13 Charge( s): I SUPPLEMENTAL FILING- INDICTMENT FILED ON 02/07/2013 JAMES TURCOTTE, ASSISTANT CLERK 02/1112013 Charge(s): I HEARING- ARRAIGNMENT SCHEDULED FOR 03/05/2013 in Room No. 7
02/13/2013 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 02/13/2013 DEBBIE COOK, ASSISTANT CLERK 02/27/2013 BAIL BOND- CASH BAIL BOND ASSIGNMENT FILED ON 03/06/2014
Date Bailed: 01/09/2013 DOB: 10.01.1970 927 BALWARD BAIL DISBURSEMENT ON 03/10/2014 Check No. 15358 Check Amount: 500.00 Paid To: FARFIELD & ASSOCIATES FORWARDED TO OTHER PARTIES
02/27/2013 LETTER- FROM PARTY FILED ON 02/27/2013
Attorney: KEVIN MOYNIHAN ASSIGNMENT FILED BUT NOT SIGNED BY 3RD PARTY BAIL PROVIDER 02/28/2013 Charge(s): 1 MOTION- MOTION TO CONTINUE FILED BY DEFENDANT ON 02/28/2013
NO OBJ BY ADA H. MAY 03/0 I /2013 Charge(s): I MOTION- MOTION TO CONTINUE GRANTED ON 02/28/2013 CR-200 Page 2 of 12 Printed on: 06/02/2015 TIMOTHY T DUFFY CUMCD-CR-20 13-00187 DOCKET RECORD ROLAND A COLE , JUSTICE COPY TO PARTIES/COUNSEL 03/0I/20I3 Charge(s): I HEARING- ARRAIGNMENT CONTINUED ON 02/28/20I3 ROLAND A COLE , JUSTICE 03/0I/20I3 HEARING- DISPOSITIONAL CONFERENCE CONTINUED ON 02/28/20I3 ROLAND A COLE , JUSTICE 03/0I/20I3 TRIAL- JURY TRIAL CONTINUED ON 02/28/20I3 ROLAND A COLE , JUSTICE 03/0l/20I3 Charge(s): I HEARING- DISPOSITIONAL CONFERENCE SCHEDULED FOR 04/23/20I3 at 08:30a.m. in Room No. 7
03/0I/20I3 Charge(s): I TRIAL- JURY TRIAL SCHEDULED FOR 06/10/20I3 at 08:30a.m. in Room No. II
NOTICE TO PARTIES/COUNSEL 04/05/2013 Charge(s): I HEARING- DISPOSITIONAL CONFERENCE NOTICE SENT ON 04/05/2013 DEBBIE COOK ,ASSISTANT CLERK 04/23/20I3 Charge(s): I HEARING- DISPOSITIONAL CONFERENCE CONTINUED ON 04/23/20I3 PAULE EGGERT , JUDGE Attorney: KEVIN MOYNIHAN DA: ANGELA CANNON CASE CONTINUED TO 5-21, MOTIONS 6-6 AND TRIAL 6-24. PARTIES NOTIFIED IN CHAMBERS. STATE TO CHECK WITH VICTIM. 04/25/20I3 Charge(s): I TRIAL- JURY TRIAL CONTINUED ON 04/23/20I3
04/25/20I3 HEARING- DISPOSITIONAL CONFERENCE SCHEDULED FOR 05/2I/20I3 at 10:00 a.m. in Room No. 7
04/25/20I3 TRIAL- JURY TRIAL SCHEDULED FOR 06/24/20I3 at 08:30a.m. in Room No. II
NOTICE TO PARTIES/COUNSEL 05110/2013 HEARING- DISPOSITIONAL CONFERENCE NOTICE SENT ON 05110/2013
05/21/2013 HEARING- DISPOSITIONAL CONFERENCE HELD ON 05/21/2013 WILLIAM BRODRICK , JUSTICE Attorney: KEVIN MOYNIHAN DA: ANGELA CANNON OFFER MADE 06/17/2013 MOTION- MOTION TO CONTINUE FILED BY DEFENDANT ON 06117/2013
06118/2013 HEARING- DISPOSITIONAL CONFERENCE HELD ON 06/18/2013 ROLAND A COLE , JUSTICE Attorney: KEVIN MOYNIHAN DA: ANGELA CANNON CONF HELD WITH JUSTICE COLE DISCUSSING ISSUES WITH CONTINUING CASE OFF FROM THE JS LIST ON 6- 24-13 06/I8/2013 HEARING- RULE II HEARING SCHEDULED FOR 07119/2013 at OI:OO p.m. in Room No. 7
NOTICE TO PARTIES/COUNSEL AGREEMENT (PROBABLE) WITH ADA CANNON CR-200 Page 3 of 12 Printed on: 06/02/2015 TIMOTHY T DUFFY CUMCD-CR-2013-00187 DOCKET RECORD NOTICE GIVEN IN HAND 06/18/2013 TRIAL- JURY TRIAL CONTINUED ON 06/18/2013 ROLAND A COLE , JUSTICE AGREEMENT BY PARTIES TO CONT JS DATE TO 7-22-13 06/18/2013 Charge(s): I TRIAL- JURY TRIAL SCHEDULED FOR 07/22/2013 at 08:30a.m. in Room No. II
NOTICE TO PARTIES/COUNSEL 06118/2013 MOTION- MOTION TO CONTINUE GRANTED ON 06/17/2013 ROLAND A COLE , JUSTICE COPY TO PARTIES/COUNSEL 06/21/2013 MOTION- MOTION TO PRODUCE DHHS RECORD FILED BY DEFENDANT ON 06/18/2013
06/26/2013 MOTION- MOTION TO PRODUCE DHHS RECORD GRANTED ON 06/21/2013 WILLIAM BRODRICK , JUSTICE COPY TO PARTIES/COUNSEL 07/05/2013 OTHER FILING- DHHS RECORD FILED ON 07/03/2013
07117/2013 HEARING- RULE II HEARING NOT HELD ON 07117/2013
07/18/2013 Charge(s): I MOTION- MOTION TO CONTINUE FILED BY DEFENDANT ON 07/18/2013
07118/2013 Charge(s): I TRIAL- JURY TRIAL CONTINUED ON 07/18/2013 ROLAND A COLE , JUSTICE 07/19/2013 Charge(s): I MOTION- MOTION TO CONTINUE GRANTED ON 07/18/2013 ROLAND A COLE , JUSTICE COPY TO PARTIES/COUNSEL 07/19/2013 TRIAL- JURY TRIAL SCHEDULED FOR 08/26/2013 at 08:30a.m. in Room No. II
NOTICE TO PARTIES/COUNSEL 07119/2013 TRIAL- JURY TRIAL NOTICE SENT ON 07/19/2013
08/21/2013 MOTION- MOTION TO CONTINUE FILED BY DEFENDANT ON 08/21/2013
08/22/2013 MOTION- MOTION TO CONTINUE GRANTED ON 08/22/2013 ROLAND A COLE , JUSTICE COPY TO PARTIES/COUNSEL 08/22/2013 TRIAL- JURY TRIAL CONTINUED ON 08/22/2013
08/30/2013 TRIAL- JURY TRIAL SCHEDULED FOR 09/09/2013 at 08:30a.m. in Room No. II
NOTICE TO PARTIES/COUNSEL 08/30/2013 TRIAL- JURY TRIAL NOTICE SENT ON 08/22/2013
08/30/2013 MOTION- MOTION IN LIMINE FILED BY DEFENDANT ON 08/30/2013
0911112013 HEARING- MOTION IN LIMINE SCHEDULED FOR 09/20/2013 at 01:00p.m. in Room No. II
NOTICE TO PARTIES/COUNSEL CR-200 Page 4 of 12 Printed on: 06/02/2015 TIMOTHY T DUFFY CUMCD-CR-20 13-00187 DOCKET RECORD 09/11/2013 HEARING- MOTION IN LIMINE NOTICE SENT ON 09/1112013
09/13/2013 TRIAL- JURY TRIAL CONTINUED ON 09/09/2013
09/13/2013 TRIAL- JURY TRIAL SCHEDULED FOR 11125/2013 at 08:30a.m. in Room No. II
NOTICE TO PARTIES/COUNSEL 09/19/2013 TRIAL- JURY TRIAL NOTICE SENT ON 09/19/2013
09/20/20I3 HEARING- MOTION IN LIMINE HELD ON 09/20/2013 JEFF MOSKOWITZ, JUDGE Attorney: KEVIN MOYNIHAN DA: ANGELA CANNON Defendant Not Present in Court 5254 09/20/20I3 MOTION- MOTION IN LIMINE GRANTED ON 09/20/2013 JEFF MOSKOWITZ , JUDGE COPY TO PARTIES/COUNSEL PARTIALLY GRANTED 09/20/20I3 ORDER- COURT ORDER FILED ON 09/20/20I3 JEFF MOSKOWITZ , JUDGE REGARDING COUNSELING RECORDS 11107/20I3 LETTER- FROM PARTY FILED ON II/06/20I3
LETTER FROM ATTY. MOYNIHAN REQUESTING TO REVIEW COUNSELING RECORDS. II/15/20I3 ORDER- COURT ORDER FILED ON IIII4/20I3 JEFF MOSKOWITZ , JUDGE ORDER REGARDING COUNSELING RECORDS II/2I/2013 TRIAL- JURY TRIAL CONTINUED ON I1/21/20I3
II/2I/20I3 TRIAL- JURY TRIAL SCHEDULED FOR OI/27/20I4 at08:30 a.m. in Room No. II
NOTICE TO PARTIES/COUNSEL 11/21/2013 TRIAL- JURY TRIAL NOTICE SENT ON 1I/21/20I3
02/05/20I4 Charge(s): 2,3 SUPPLEMENTAL FILING- INFORMATION FILED ON 02/05/20I4
DA: ANGELA CANNON 02/07/2014 TRIAL- JURY TRIAL NOT HELD ON 02/05/20I4 BETH ALWARD ,ASSISTANT CLERK 02/07/2014 Charge(s): 1 ,2,3 HEARING- MISDEMEANOR PLEA HELD ON 02/05/2014 THOMAS D WARREN , JUSTICE Attorney: KEVIN MOYNIHAN DA: ANGELA CANNON Defendant Present in Court READING WAIVED TAPE 5795 IND I89-955 02/07/2014 BAIL BOND- CASH BAIL BOND CONT AS POST CONVIC ON 02/05/2014 BETH ALWARD , ASSIST ANT CLERK Date Bailed: 01/09/2013 DOB: 10.01.1970 927 BALWARD CR-200 Page 5 of 12 Printed on: 06/02/2015 TIMOTHY T DUFFY CUMCD-CR-20 13-00187 DOCKET RECORD BAIL DISBURSEMENT ON 03/10/2014 Check No. 15358 Check Amount: 500.00 Paid To: FARFIELD & ASSOCIATES FORWARDED TO OTHER PARTIES
02/07/2014 Charge(s): 1 FINDING- DIS BY DA/AG-PLED OTHER CHARGE ENTERED ON 02/05/2014
DA: ANGELA CANNON DEF PLED TO COUNTS 2 AND 3 THIS CASE CUMCD-CR-20 13-00187 02/07/2014 Charge(s): 2 PLEA- NOLO ENTERED BY DEFENDANT ON 02/05/2014
INSERTED VIA FEE PROCESSING Charge(s): 2 FINDING- GUILTY ENTERED BY COURT ON 02/05/2014
INSERTED VIA FEE PROCESSING Charge(s): 2 RULING- ORIGINAL ORDERED ON 02/05/2014
INSERTED VIA FEE PROCESSING It is adjudged that the defendant is guilty of 2 UNLAWFUL SEXUAL TOUCHING 17-A 260( I )(G) Class D as charged and convicted. The defendant is sentenced to the CUMBERLAND COUNTY JAIL for a term of 364 day(s). Execution stayed to on or before: 02/19/2014 at 18:00. It is ordered that all but 30 day(s) of the sentence as it relates to confinement be suspended. The defendant shall serve the initial portion of the foregoing sentence at the county jail in CUMBERLAND. It is ordered that the defendant be placed on a period of probation for a term of I year(s) upon conditions attached hereto and incorporated by reference herein. Said Probation to commence after completion of the unsuspended term of imprisonment. $ 10 VICTIMS COMPENSATION FUND TOTAL DUE: $ 10.00. Special Conditions of Probation: I. refrain from all criminal conduct and violation of federal, state and local laws. 2. report to the probation officer immediately and thereafter as directed and within 48 hours of your release from jail. 3. answer all questions by your probation officer and permit the officer to visit you at your home or elsewhere. 4. obtain permission from your probation officer before changing your address or employment. 5. not leave the State of Maine without written permission of your probation officer. 6. maintain employment and devote yourself to an approved employment or education program. 7. not possess or use any unlawful drugs and not possess or use alcohol. 8. identify yourself as a probationer to any law enforcement officer if you are arrested, detained or questioned for any reason and notify your probation officer of that contact within 24 hours. 9. waive extradition back to the State of Maine from any other place. I 0. not own, possess or use any firearm or dangerous weapon if you have ever been convicted of a crime in any jurisdiction with a potential penalty of one year or more or any crime involving domestic violence or the use of a firearm or dangerous weapon. II. pay to the Department of Corrections a supervision fee of$ 10.00 per month. 12a. provide a DNA sample if convicted of applicable offense listed in 25 MRSA Section 1574.
submit to random search and testing for alcohol at the direction of a law enforcement officer. submit to random search and testing for drugs at the direction of a law enforcement officer. have no contact with female children under the age of 16 NO UNSUPERVISED CONTACT WITH FEMALES UNDER THE AGE OF 16 Have no contact of any kind with SIMONE BUKOVSKY and the family of said person. CR-200 Page 6 of 12 Printed on: 06/02/20 15 TIMOTHY T DUFFY CUMCD-CR-20 13-00187 DOCKET RECORD 02/07/2014 Charge(s): 3 PLEA- NOLO ENTERED BY DEFENDANT ON 02/05/2014
INSERTED VIA FEE PROCESSING Charge(s): 3 FINDING- GUILTY ENTERED BY COURT ON 02/05/2014
INSERTED VIA FEE PROCESSING Charge(s): 3 RULING- ORIGINAL ORDERED ON 02/05/2014
INSERTED VIA FEE PROCESSING It is adjudged that the defendant is guilty of 3 UNLAWFUL SEXUAL TOUCHING 17-A 260( I )(G) Class D as charged and convicted. The defendant is sentenced to the CUMBERLAND COUNTY JAIL for a term of 364 day(s). This sentence to be served consecutively to: CUMCDCR201300187 Charge: 2 Execution stayed to on or before: 02119/2014 at 18:00. It is ordered that all of the sentence as it relates to confinement be suspended. The defendant shall serve the initial portion of the foregoing sentence at the county jail in CUMBERLAND. It is ordered that the defendant be placed on a period of probation for a term of I year(s) upon conditions attached hereto and incorporated by reference herein. This sentence to be served consecutively to: CUMCDCR201300187 Charge:2 $ I 0 VICTIMS COMPENSATION FUND TOTAL DUE: $ 10.00. Special Conditions of Probation: I. refrain from all criminal conduct and violation of federal, state and local laws. 2. report to the probation officer immediately and thereafter as directed and within 48 hours of your release from jail. 3. answer all questions by your probation officer and permit the officer to visit you at your home or elsewhere. 4. obtain permission from your probation officer before changing your address or employment. 5. not leave the State of Maine without written permission of your probation officer. 6. maintain employment and devote yourself to an approved employment or education program. 7. not possess or use any unlawful drugs and not possess or use alcohol. 8. identify yourself as a probationer to any law enforcement officer if you are arrested, detained or questioned for any reason and notify your probation officer of that contact within 24 hours. 9. waive extradition back to the State of Maine from any other place. I 0. not own, possess or use any firearm or dangerous weapon if you have ever been convicted of a crime in any jurisdiction with a potential penalty of one year or more or any crime involving domestic violence or the use of a firearm or dangerous weapon. II. pay to the Department of Corrections a supervision fee of$ 10.00 per month. 12a. provide a DNA sample if convicted of applicable offense listed in 25 MRSA Section 1574.
submit to random search and testing for alcohol at the direction of a law enforcement officer. submit to random search and testing for drugs at the direction of a law enforcement officer. have no contact with female children under the age of 16 NO UNSUPERVISED CONTACT WITH FEMALES UNDER THE AGE OF 16 Have no contact of any kind with SIMONE BUKOVSKY and the family of said person. 02/07/2014 OTHER FILING- FINE PAYMENT SCHEDULE ORDERED ON 02/07/2014
INSTALLMENT PYMTS: O;DAILY: F;WEEKLY: F;BI-WEEKLY: F;MONTHLY: F;BI-MONTHLY: F;PYMT BEGIN: AT O;PYMT IN FULL: 20140305 AT O;THRU PPO: F;PYMT DUE AMT: 20;PMT DUE: 20140305 AT O;OTHER: 02/07/2014 Charge(s): 2 RULING- ORIGINAL ISSUED ON 02/05/2014 THOMAS D WARREN , JUSTICE DEFENDANT ACKNOWLEDGES RECEIPT
CR-200 Page 7 of 12 Printed on: 06/02/2015 TIMOTHY T DUFFY CUMCD-CR-20 13-00187 DOCKET RECORD 02/07/2014 Charge(s): 3 RULING- ORIGINAL ISSUED ON 02/05/2014 THOMAS D WARREN , JUSTICE DEFENDANT ACKNOWLEDGES RECEIPT 02/20/2014 BAIL BOND- CASH BAIL BOND BAIL RELEASED ON 02/20/2014 JUSTIN WESLEY, ASSISTANT CLERK-E Date Bailed: 01/09/2013 DOB: 10.01.1970 927BALWARD BAIL DISBURSEMENT ON 03/10/2014 Check No. 15358 Check Amount: 500.00 Paid To: FARFIELD & ASSOCIATES FORWARDED TO OTHER PARTIES
02/20/2014 BAIL BOND- CASH BAIL BOND RELEASE ACKNOWLEDGED ON 02/20/2014
Date Bailed: 01/09/2013 DOB: 10.01.1970 927BALWARD BAIL DISBURSEMENT ON 03/10/2014 Check No. 15358 Check Amount: 500.00 Paid To: FARFIELD & ASSOCIATES FORWARDED TO OTHER PARTIES
03/10/2014 BAIL BOND- CASH BAIL BOND DISBURSEMENT ON 03/10/2014
Date Bailed: 01/09/2013 DOB: 10.01.1970 927BALWARD BAIL DISBURSEMENT ON 03110/2014 Check No. 15358 Check Amount: 500.00 Paid To: FARFIELD & ASSOCIATES FORWARDED TO OTHER PARTIES
09/12/2014 Charge(s): 2,3 MOTION- MOTION FOR CORR/REDUCE SNTC FILED BY DEFENDANT ON 09/12/2014
09/12/2014 MOTION- MOTION AMEND COND PROBATION FILED BY DEFENDANT ON 09112/2014
09119/2014 HEARING- MOTION AMEND COND PROBATION SCHEDULED FOR 11/04/2014 at 01:00p.m. in Room No.
NOTICE TO PARTIES/COUNSEL 09/19/2014 HEARING- MOTION AMEND COND PROBATION NOTICE SENT ON 09/19/2014
09/19/2014 Charge(s): 1,2,3 HEARING- MOTION FOR CORR/REDUCE SNTC SCHEDULED FOR 11/04/2014 at 01:00p.m. in Room No. THOMAS D WARREN , JUSTICE NOTICE TO PARTIES/COUNSEL 09/19/2014 Charge(s): 1,2,3 HEARING- MOTION FOR CORR/REDUCE SNTC NOTICE SENT ON 09/19/2014
10/15/2014 Charge(s): 2,3 FILING DOCUMENT- FIRST MOTION PROB REVOCATION FILED ON 10/15/2014
TOGETHER WITH AFFIDAVIT IN SUPPORT OF PC
CR-200 Page 8 of 12 Printed on: 06/02/2015 TIMOTHY T DUFFY CUMCD-CR-20 13-00187 DOCKET RECORD 10115/2014 Charge(s): 2,3 HEARING - PV INITIAL APPEARANCE SCHEDULED FOR 10/17/2014 at 08:31 a.m. in Room No.
10117/2014 BAIL BOND- PR BAIL BOND FILED ON 10117/2014
Date Bailed: 10/17/2014 927 BALWARD 10/17/2014 Charge(s): 2,3 HEARING- PV INITIAL APPEARANCE HELD ON 10/17/2014 PAULE EGGERT, JUDGE Attorney: KEVIN MOYNIHAN DA: MATTHEW TICE Defendant Present in Court TAPE 6510 INDEX 4126 10117/2014 Charge(s): 2,3 PLEA- DENY ENTERED BY DEFENDANT ON 10/17/2014
10/31/2014 MOTION- MOTION TO CONTINUE FILED BY DEFENDANT ON 10/30/2014
TO CONTINUE MOTION HEARING 11-4-14. NO OBJECTION. 10/31/2014 OTHER FILING- TRANSCRIPT ORDER FILED ON 10/30/2014
Attorney: ROBERT JACKSON PLEA/SENTENCING HEARING: 02/05/2014 TAPE #5795 INDEX 0189-0955 10.31.14 GIVEN TO CTA PORTLAND 11.05.14 CTA SENT TAPE & TRANSCRIPT REQUEST TO OTO I 0/3112014 MOTION- MOTION TO CONTINUE GRANTED ON 10/31/2014 ROLAND A COLE , JUSTICE 10/31/2014 Charge(s): 1,2,3 HEARING- MOTION FOR CORRIREDUCE SNTC CONTINUED ON 10/31/2014 ROLAND A COLE , JUSTICE I 0/3112014 Charge( s ): I ,2 ,3 HEARING- MOTION FOR CORRIREDUCE SNTC SCHEDULED FOR 12118/2014 at 01:00p.m. in Room No.
I0/31/2014 Charge(s): I ,2,3 HEARING- MOTION FOR CORRIREDUCE SNTC NOTICE SENT ON 10/31/2014
10/31/2014 HEARING- MOTION AMEND COND PROBATION CONTINUED ON 10/31/2014
10/31/2014 Charge(s): 1,2,3 HEARING- MOTION AMEND COND PROBATION SCHEDULED FOR 12118/2014 at 01:00p.m. in Room No.
10/31/2014 Charge(s): 1,2,3 HEARING- MOTION AMEND COND PROBATION NOTICE SENT ON 10/31/2014
11/2112014 OTHER FILING- TRANSCRIPT FILED ON 11/21/2014
AUDIO COPY OF HEARING 12119/2014 Charge(s): I ,2,3 HEARING- MOTION AMEND COND PROBATION CONTINUED ON 12118/2014 MARY KELLY ,JUDGE Attorney: KEVIN MOYNIHAN CR-200 Page 9 of 12 Printed on: 06/02/2015 TIMOTHY T DUFFY CUMCD-CR-20 13-00187 DOCKET RECORD
DA: ROBERT ELLIS TO BE SCHEDULED WITH JUSTICE WARREN. 12119/2014 Charge(s): 1,2,3 HEARING- MOTION FOR CORR/REDUCE SNTC CONTINUED ON 12/18/2014 MARY KELLY , JUDGE Attorney: KEVIN MOYNIHAN DA: ROBERT ELLIS TO BE SCHEDULED WITH JUSTICE WARREN 02/23/2015 HEARING- MOTION AMEND COND PROBATION SCHEDULED FOR 02/25/2015 at 09:00a.m. in Room No. 8
02/23/2015 HEARING- MOTION AMEND COND PROBATION NOTICE SENT ON 02/23/2015
02/23/2015 HEARING- OTHER HEARING SCHEDULED FOR 02/25/2015 at 09:00a.m. in Room No. 8
MOTION TO CORRECT SENTENCE 02/23/2015 HEARING- OTHER HEARING NOTICE SENT ON 02/23/2015
02/26/2015 HEARING- OTHER HEARING HELD ON 02/25/2015 THOMAS D WARREN , JUSTICE Attorney: KEVIN MOYNIHAN DA: ANGELA CANNON IN CHAMBERS MOTION TO CORRECT SENTENCE DENIED. ADA CANNON AND ATTORNEY MOYNIHAN TO CONFER WITH DEFENDANT'S PROBATION OFFICER TO DETERMINE NECESSITY OF SEX OFFENDER COUNSELING. TO BE SET FOR PROBATION HEARING OR FURTHER CONFERENCE ONCE PROBATION'S POSITION HAS BEEN OBTAINED. 02/26/2015 Charge(s): 2,3 MOTION- MOTION FOR CORR/REDUCE SNTC DENIED ON 02/25/2015 THOMAS D WARREN ,JUSTICE Attorney: KEVIN MOYNIHAN DA: ANGELA CANNON COPIES TO PARTIES/COUNSEL THE COURT HAS REVIEWED THE RECORDING OF THE PLEA AND SENTENCING AND THAT RECORD REFLECTS THAT SEX OFFENDER COUNSELING WOULD BE ORDERED AS A CONDITION OF PROBATION. 03111/2015 HEARING- MOTION AMEND COND PROBATION SCHEDULED FOR 03/20/2015 at 08:31a.m. in Room No.
03111/2015 HEARING- MOTION AMEND COND PROBATION NOTICE SENT ON 03111/2015 JAMES TURCOTTE, ASSISTANT CLERK 03/24/2015 HEARING- MOTION AMEND COND PROBATION NOT HELD ON 03/20/2015 MARY KELLY , JUDGE Attorney: KEVIN MOYNIHAN DA: ANGELA CANNON NEED TO SCHEDULE THIS MA TIER WITH JUSTICE WARREN TAPE #6717 1:5540, W/DRA WN ON RECORD 03/24/2015 HEARING- MOTION AMEND COND PROBATION NOT HELD ON 02/25/2015
03/24/2015 MOTION- MOTION AMEND COND PROBATION WITHDRAWN ON 03/20/2015 MARY KELLY ,JUDGE Attorney: KEVIN MOYNIHAN DA: ANGELA CANNON Defendant Present in Court MOTION TO AMEND PROBATION W/DRA WN BY DEFENDANT ON RECORD Charge(s): 2,3 CR-200 Page 10 of 12 Printed on: 06/02/2015 TIMOTHY T DUFrl' CUMCD-CR-20 13-00187 DOCKET RECORD 03/3112015 MOTION- MOTION FOR CORRIREDUCE SNTC FILED BY DEFENDANT ON 03/26/2015
Attorney: KEVIN MOYNIHAN RULE35 04117/2015 HEARING- MOTION AMEND COND PROBATION SCHEDULED FOR 04/24/2015 at 02:30p.m. in Room No. 7 THOMAS D WARREN , JUSTICE 04/17/2015 HEARING- MOTION AMEND COND PROBATION NOTICE SENT ON 04/17/2015
04/24/2015 HEARING- MOTION AMEND COND PROBATION CONTINUED ON 04/23/2015 THOMAS D WARREN , JUSTICE STATE TO LET COURT KNOW WHEN PO IS AVAILABLE. 05/05/2015 HEARING- MOTION AMEND COND PROBATION SCHEDULED FOR 05/29/2015 at 01:00p.m. in Room No. 8 THOMAS D WARREN , JUSTICE 05/05/2015 HEARING- MOTION AMEND COND PROBATION NOTICE SENT ON 05/05/2015
05/29/2015 HEARING- MOTION AMEND COND PROBATION HELD ON 05/29/2015 THOMAS D WARREN , JUSTICE Attorney: KEVIN MOYNIHAN DA: ANGELA CANNON FTRCTRM8 05/29/2015 Charge(s): 2,3 MOTION- MOTION FOR CORRIREDUCE SNTC UNDER ADVISEMENT ON 05/29/2015 THOMAS D WARREN , JUSTICE 05/29/2015 Charge(s): 2,3 HEARING- PROBATION REVOCATION HELD ON 05/29/2015 THOMAS D WARREN , JUSTICE Attorney: KEVIN MOYNIHAN DA: ANGELA CANNON FTRCTRM8 05/29/2015 Charge(s): 2,3 PLEA- ADMIT ENTERED BY DEFENDANT ON 05/29/2015
MOTION DATE 10-14-14 05/29/2015 Charge(s): 2,3 FINDING- PROBATION VIOLATED ENTERED BY COURT ON 05/29/2015
MOTION DATE 10-14-14 05/29/2015 Charge(s): 2 RULING- PROBATION REVOCATION ORDERED ON 05/29/2015
It is adjudged that the defendant has violated one or more of the conditions of probation attached to the judgment, and it is ORDERED that the order of probation contained in the judgment of this court in this case, is hereby continued. Defendant shall serve the foregoing sentence at County Jail. 05/29/2015 Charge(s): 2 RULING- PROBATION REVOCATION ISSUED ON 05/29/2015 THOMAS D WARREN , JUSTICE 05/29/2015 Charge(s): 3 RULING- PROBATION REVOCATION ORDERED ON 05/29/2015
It is adjudged that the defendant has violated one or more of the conditions of probation attached to the judgment, and it is ORDERED that the order of probation contained in the judgment of this court in this case, is hereby continued. Defendant shall serve the foregoing sentence at County Jail. CR-200 Page 11 of 12 Printed on: 06/02/2015 TIMOTHY T DUfrl' CUMCD-CR-20 13-00187 DOCKET RECORD This sentence to be served consecutively to: CUMCDCR201300187 Charge:2 05/29/2015 Charge(s): 3 RULING- PROBATION REVOCATION ISSUED ON 05/29/2015 THOMAS D WARREN , JUSTICE 06/02/2015 Charge(s): 2,3 MOTION- MOTION FOR CORRIREDUCE SNTC DENIED ON 06/02/2015 THOMAS D WARREN , JUSTICE 06/02/2015 ORDER- COURT ORDER ENTERED ON 06/02/2015
RULE 35 MOTION IS DENIED. 06/02/2015 Charge(s): 2,3 HEARING- PROBATION REVOCATION SCHEDULED FOR 07/10/2015 at 08:30a.m. in Room No.
06/02/2015 Charge(s): 2,3 HEARING- PROBATION REVOCATION NOTICE SENT ON 06/02/2015
Receipts 02/14/2014 Case Payment $20.00 OL paid. FINE PAYMENT SCHEDULE Execution/payment stayed, ro pay in fulJ by 03/05/2014 or warrant to issue. l.:y r ' ' ,~- ~.; ~
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CR-200 Page 12 of 12 Printed on: 06/02/2015