STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss CRIMINAL ACTION DOCK.Er NO. CR-16-3882 CR-16-3884
STATE OF MAINE
V.
MICHELLE GADSON ORDER ON MOTIONS TO DISMISS Defendant and
STATE OF MAINE t=.!EC'D CLJMB CLE~KS OFG Mfi'/ 17 '17 F'M3'.02 V.
ISAIAH GADSON
Defendant
Before the court are defendants' motions to dismiss the complaints against them because
of alleged police misconduct. Hearing was held on March 16, 2017. Briefs were filed on April ! 3, 2017. The court has considered the evidence and arguments of counsel. For the following
reasons, the motions are denied.
Brent Abbou has been employed by the Portland Police Department for more than five
years. On July 4, 2016, he responded before 9:00 p.m. Lo a report of an assault on a security
guard at Bayside Village, a large apartment complex in Portland. He had also been instructed to
"criminal trespass" defendant Michelle Gadson, and had told her to leave the premises.
Officer Abbott was watching security video footage with two other security officers
behind the counter in the lobby of Bayside Village. Defendant Isaiah Gadson, who lived at
Bayside Village, entered the lobby. Mr. Gadson is nineteen years old, is 6'5", weighs 250 pounds, and works in the Old Port as a bouncer. He expected to meet his mother, Ms. Gadson, at
Bayside Village after the fireworks that evening.
There were four people and the officers in the lobby at Bayside Village. (St.'s Ex. 14.)
Mr. Gadson walked into the lobby quickly and stopped at the counter. His arms were raised,
consistent with making an inquiry. (St.'s Ex. 14.) He asked who had criminal trespassed his
mother.
Officer Abbott immediately walked around the counter and approached Mr. Gadson, who
did not move and who had his arms pointed down in front of him. (St.'s Ex. 14.) Officer Abbott
pushed Mr. Gadson with both hands, pointed to the door, and told Mr. Gadson to leave. (St.'s Ex.
14.) Officer Abbott continued to speak to Mr. Gadson, who did not move and kept his arms
down in front of him. (St.'s Ex. 14.) Officer Abbott was saying, "go." (St.'s Ex. 14.) Mr.
Gadson responded that he lived there and did not have to leave.
Officer Abbott then pulled his laser, pointed it directly in Mr. Gadson's face, and "dotted
his forehead." (St.'s Ex. 14.) Mr. Gadson reacted and stepped back but remained standing
where he was with his arms down in front of him. (St.'s Ex. 14.) Officer Abbott raised the taser
again and continued to point to the door and to order Mr. Gadson to leave. (St.'s Ex. 14.)
Officer Abbott then looked away from Mr. Gadson and spoke on his radio. (St.'s Ex . 14.) Mr.
Gadson turned and walked toward the door. Officer Abbott shoved the taser into Mr. Gadson's
back and kept the taser pointed at Mr. Gadson's back as Officer Abbott followed Mr. Gadson to
the door. (St.'s Ex. 14.) Officer Abbott pushed Mr. Gadson out of the lobby toward Lhe outside
and followed him with the taser still in Officer Abbott's hand. (St.'s Ex. 14.) Mr. Gadson did
not use force. (St.'s Ex. 14.) At this point, Mr. Gadson had not committed a crime.
2 Outside, five people and another officer were present initially but those numbers
increased. (St.'s Ex. 14.) Officer Abbott continued to speak in an aggressive manner to Mr.
Gadson. (St.'s Ex. 14.) Mr. Gadson's brother stepped toward Mr. Gadson and Office Abbott,
and the brother extended his arm between the two. (St.'s Ex. 14.) Mr. Gadson continued to
stand with his arms down in front of him . (St.'s Ex. 14.) Officer Abbott moved closer to Mr.
Gadson, who backed up, and his brother moved his body between Officer Abbott and Mr.
Gadson . (St.'s Ex . 14.) Mr. Gadson backed up again as Officer Abbott approached. (St.'s Ex.
14.)
Officer Abbott then walked off the porch and shoved with both hands another spectator
who was speaking but not acting aggressively. (St's Ex. 14.) Officer Abbott then engaged in a
conversation with that person and approached the person closely. (St.'s Ex. 14.) The other
officers stood by. (St. 's Ex. 14.) The potential for this situation to deteriorate was great.
Officer Bennis, a P011Iand Police Department officer of thirteen years, was dispatched to
Bayside Village as additional back up. Officer Bennis was concerned about the crowd, which
remained excited because of the previous incident, and tried to contain the crowd.
Officer Bennis called for additional police back up. Members of the crowd were yelling
and there was significant commotion. (Defs.' Ex. 1.) Sergeant Noyes arrived at Bayside Village
at 9:06 p.m. in response lo the call for additional help, and spoke to Ms. Gadson. She was
standing in the road because she was not allowed on the property. Sergeant Noyes asked her to
step out of the road because traffic was passing very close to her. (Defs.' Ex. 1.) She continued
filming the scene. (Defs.' Ex. 1.) Officer Bennis asked her again to move and told her she was
obstructing a public way. She did not move, ignored Officer Rennis's requests, and continued
filming. (Def.'s Ex. I.)
3 Sergeant Noyes placed Ms . Gadson's arm behind her back to arrest her and tried to put
handcuffs on her. Members of the crowd, including Mr. Gadson, moved quickly toward Sergeant
Noyes and Ms. Gadson. Mr. Gadson yelled, "do not touch my mother."
The ensuing events are difficult to identify on the video, the beginning of which the court
has viewed many times, partly because a car passed between the camera and the scene at a
critkal time. (Defs.' Ex. 1, Stream 1.) At least three civilians were between Mr. Gadson,
Sergeant Noyes and Ms. Gadson as the civilians approached Sergeant Noyes and Ms. Gadson. It
does not appear that another officer was between Sergeant Noyes, Ms. Gadson, and the
approaching crowd. (Defs.' Ex. 1.)
Three officers followed Mr. Gadson as he approached Ms. Gads
facing toward Ms. Gadson. He was taken down from behind to prevent him from reaching
Sergeant Noyes and Ms. Gadson. Two other officers ran to the scene of the struggle. (Defs.' Ex.
1.)
Officer Matt Pavlis, who is 5'9" and weighs 180 pounds, arrived at 9:05 p.rn. in response
to the call for additional backup. Based on the testimony, there is no dispute that Mr. Gadson
and Officer Pavlis were primarily involved in the altercation. Mr. Gadson was beneath Officer
Pavlis. Mr. Gadson's arms were flailing as he tried to punch Officer Pavlis. Officer Pavlis
punched Mr. Gadson seven or eight times in his side.
During the altercation, Ms. Gadson attempted to walk toward her son. Portland Police
Department Officer Graham Hults, Sergeant Noyes, and Lieutenant Hutcheson stepped in front
of her at various times.
4 Officer Abbott grabbed his baton and pushed it multiple times into the back of Mr.
Gadson's leg. Sergeant Noyes yelled "spray" one or two times and then used pepper spray on
Mr. Gadson. Mr. Gadson stoppe~ resisting and was handcuffed.
The officers poured water on Mr. Gadson's eyes and contacted Med Cuc. (St.'s Exs. 10
12.) Paramedics arrived at the scene and evaluated Mr. Gadson. There was no visible injury to
him except for the effect of the spray. Mr. Gadson reported to Med Cue that his back was
injured. Officer Pavlis sustained scratches and abrasions to his hands, arms, face, and neck and a
bite mark on his hand, which he believed was caused by Mr. Gadson. (St.'s Exs. 1-9.)
Mr. Gadson was arrested and charged with assault on an officer, refusing to submit to
arrest, and carrying a concealed weapon. Officer Bennis conducted a search incident to arrest of
Mr. Gadson and found a switchblade in his front pants pocket. Mr. Gadson was taken to the jail.
He did not request treatment at the jail. He posted bail immediately.
Ms. Gadson was arrested by Lieutenant Hutcheson, a twenty-eight-year veteran of the
Portland Police Department, with assistance from Sergeant Noyes and charged with obstructing a
public way, obstructing government administration, and disorderly conduct. (St.'s Ex. 13.) She
was placed against a vehicle and each officer took one of her arms and applied the handcuffs.
(Def.'s Ex. 1.)
Lieutenant Hutcheson picked up Ms. Gadson's phone from the ground and gave it to
Officer Abbott. Ms. Gadson and her phone, with which she videotaped what had occurred, were
taken to the jail by Officer Abbott. She declined Officer Titcomb's request to allow the footage
to be downloaded. The phone was taken from Ms. Gadson because she was not allowed to have
a phone at the jail.
5 CONCLUSIONS
In situations where the conduct of law enforcement agents is outrageous, due process
principles absolutely bar the government from invoking judicial processes to obtain a conviction.
United_States v. Russell, 411 U.S. 423, 431-32 (1973) (undercover agent's supplying of an
essential chemical for the manufacture of methamphetamine was not a due process violation).
"This is conduct that shocks the conscience." Rochin v. California, 342 U.S. 165, 172 (1952)
(illegal entry, struggle to obtain capsules defendant swallowed, and forced stomach pumping
constituted a due process violation); see Olm ·tead v. United States, 277 U.S. 438,468 (1928)
(courts do not have the discretion to exclude evidence unethically secured); United States v.
McClelland, 72 F.3d 717,721 (9th Cir. 1995) ("For a due process dismissal, the Government's
conduct must be so grossly shocking and so outrageous as to violate the universal sense of
justice."); Roberts v. Maine, 48 F.3d 1287, 1291 (1st Cir. 1995) ("The Due Process Clause of the
Constitution prohibits deprivations of life, liberty, or property without 'fundamental fairness'
through governmental conduct that offends the community's sense of justice, decency and fair
play."); lfuguez v. United Stales, 4-06 F .2d 366, 381-82 (9th Cir. 1968) (forced drinking of an
emetic and forced rectal exam "conducted violently, unhygienically, without medical propriety
and with laughler and jokes" constituted a due process violation); Stale v. Stade, 683 A.2d 164,
166 (Me. 1996) (admission of blood alcohol test would be fundamentally unfair because the
officer failed to read an implied consent form and provided false information to defendant.)
1. Michelle Gadson
There is no evidence on this record to support defendant's claim that the video on Ms.
Gadson's phone was erased while she was in police custody. (Mot. Dism. j 6.) Further, there is
6 no evidence that the officers' actions with regard to Ms. Gadson were "so offensive as to shock
the conscience." (Mot. Dism. ! 7 .)
2. Isaiah Gadson
The court does not conclude that the officers were "completely out of control" or that
their conduct was "so offensive as to shock the conscience," as Mr. Gadson alleges. (Mot. r Dism. j j 5, 7 .) This was a volatile situation on a dark July 4th evening. The police were
outnumbered by people still unhappy about an incident that occurred earlier in the evening. As
Mr. Gadson and other civilians approached Sergeant Noyes as he attempted to arrest Ms.
Gadson, the officers intervened and a struggle ensued until they gained control of Mr. Gadson.
See 17-A M.R.S. § 107(1) (2016).
The entry is:
The Defendants' Motions to Dismiss are DEN ED.
Date: May 16, 2017
7 STATE OF MAINE CRIMINAL DOCKET vs CUMBERLAND, ss. MICHELLE GADSON Docket No CUMCD-CR-2016-03882 47 ELM STREET APT 1 WATERVILLE ME 04901 DOCKET RECORD DOB: 02/04/1973 Attorney: LEONARD SHARON State's Attorney: STEPHANIE ANDERSON ANDRUCKI & KING POBOX7120 179 LISBON STREET LEWISTON ME 04243 RETAINED 08/12/2016 Charge(s) 1 DISORDERLY CONDUCT, LOUD UNREASONABLE NOISE 07/04/2016 PORTLAND Seq 11251 17-A 501-A(l)(A)(l) Class E NOYES I POR 2 OBSTRUCTING GOVERNMENT ADMINISTRATION 07/04/2016 PORTLAND Seq 10902 17-A 751(1) Class D Charged with COMPLAINT on Supplemental Filing. NOYES POR Docket Events: 07/06/2016 FILING DOCUMENT- CASH BAIL BOND FILED ON 07/05/2016
07/06/2016 Charge(s): 1 HEARING - ARRAIGNMENT SCHEDULE OTHER COURT ON 08/25/2016 at 08:30 am. in Room No. 1
PORSC 07/06/2016 BAIL BOND - $200.00 CASH BAIL BOND FILED ON 07/05/2016
Bail Receipt Type: CR Bail Amt: $200 Receipt Type: CK Prvdr Name: TYLER ROSS Date Bailed: 07/05/2016 Rtm Name: TYLER ROSS 409 3RD PARTY DOB 7-23-94 07/11/2016 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 07/11/2016
STATE TAKES NO POSffiON 07/12/2016 MOTION - MOTION TO AMEND BAIL GRANTED ON 07/12/2016 ROLAND A COLE , JUSTICE COPY TO PARTIES/COUNSEL VACATETEH REQUEST OF "NOT TO BE WITHIN 200 FEET OF 132 MARGIANL WAY" . 08/12/2016 Charge(s): 1;l. SUPPLEMENTAL FILING - COMPLAINT FILED ON 08/02/2016
08/12/2016 Party(s): MICHELLE GADSON ATTORNEY - RETAINED ENTERED ON 08/12/2016
Attorney: LEONARD SHARON 08/26/2016 Charge(s): l HEARING- ARRAIGNMENT WAIVED ON 08/25/2016 at 08:30 a.m. in Room No. 1
08/26/2016 Charge(s): l;l. PLEA - NOT GUILTY ENTERED BY COUNSEL ON 08/25/2016 at 08:30 a.m. in Room No. 1
08/26/2016 Charge(s): 1;l.
CR-200 Pagel of 4 Printed on: 05/17/2017 MICHELLE GADSON CUMCD-CR-2016-03882 DOCKET RECORD HEARING - DISPOSITTONAL CONFERENCE SCHEDULED FOR 11/16/2016 at 01 :00 p.m. in Room No. 7
08/26/2016 Charge(s): 1,2 TRIAL - JURY TRIAL SCHEDULED FOR 01/09/2017 at 08 :30 a.m. in Room No. 11
NOTICE TO PARTIES/COUNSEL 11/01/2016 Charge(s): 1,2 HEARING - DISPOSITTONAL CONFERENCE NOTICE SENT ON 11/01/2016
11/08/2016 WRIT - HABEAS CORPUS TO PROSECUTE ISSUED ON 11/16/2016 at 01 :00 p .m . in Room No. 7
CERTIFIED COPY TO SHERIFF DEPT. SHOULD BE FOR 16-3884 ISAIAH GADSON 11/14/2016 WRIT - HABEAS CORPUS TO PROSECUTE ORDERED ON 11/08/2016 PAUL A FRITZSCHE, JUSTICE 11/16/2016 Charge(s): 1,2 HEARING - DISPOSITTONAL CONFERENCE CONTINUED ON 11/16/2016 LANCE WALKER , JUDGE Attorney: LEONARD SHARON FfR 7 11/16/2016 HEARING - DISPOSITTONAL CONFERENCE SCHEDULED FOR 12/07/2016 at 08:30 a.m. in Room No. 7
11/21/2016 HEARING - DISPOSIDONAL CONFERENCE NOTICE SENT ON 11/21/2016
12/07/2016 HEARING- DTSPOSTTIONAL CONFF.RRNCR HRT.D ON 12/07/2016 LANCE WALKER , JUSTICE Attorney: LEONARD SHARON DA: JULIA SHERIDAN CONF HELD, CASE UNRESOLVED. ON FOR JURY SELECTION 3-13 12/07/2016 Charge(s): 1,2 TRIAL - JURY TRIAL CONTINUED ON 12/07/2016
12/07/2016 Charge(s): 1,2 TRIAL - JURY TRIAL SCHEDULED FOR 03/13/2017 at 08:30 a.m. in Room No. 11
NOTICE TO PARTIES/COUNSEL 12/07/2016 Charge(s): 1,2 TRIAL - JURY TRIAL NOTICE SENT ON 12/07/2016
GIVEN IN HAND 01/25/2017 Charge(s): 1,2 MOTION - MOTION TO DISMISS FILED BY DEFENDANT ON 01/25/2017
Attorney: LEONARD SHARON 01/25/2017 Charge(s): 1,2 HEARING - MOTION TO DISMISS SCHEDULED FOR 02/28/2017 at 01:00 p.m. in Room No. 1
NOTICE TO PARTIES/COUNSEL 01/25/2017 Charge(s): 1,2 HEARING - MOTION TO DISMISS NOTICE SENT ON 01/25/2017
02/27/2017 Charge(s): 1,2 CR-200 Page 2 of4 Printed on: 05/17/2017 MICHELLE GADSON CUMCD-CR-2016-03882 DOCKET RECORD MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 02/24/2017
Attorney: LEONARD SHARON MOTION TO CONTINUE HEARING ON 2-28. STATE OBJECTS 02/27/2017 Charge(s): 1,2 MOTION - MOTION TO CONTINUE DENIED ON 02/27/2017 PAUL A FRITZSCHE, JUSTICE COPY TO PARTIES/COUNSEL THE MATTER IN A RELATED CASE WAS ALSO DENIED 02/27/2017 Charge(s): 1,2 MOTION - MOTION TO CONTINUE GRANTED ON 02/27/2017 PAUL A FRITZSCHE, JUSTICE COPY TO PARTIES/COUNSEL FURTHER ORDER 02/27/2017 Charge(s): 1,2 HEARING - MOTION TO DISMISS CONTINUED ON 02/27/2017 PAUL A FRITZSCHE , JUSTICE 02/27/2017 Charge(s): 1,2 TRIAL - JURY TRIAL NOT HELD ON 02/27/2017
02/27/2017 HEARING - MOTION TO DISMISS SCHEDULED FOR 03/16/2017 at 01 :00 p.m. in Room No. 1
NOTICE TO PARTIES/COUNSEL 02/27/2017 HEARING - MOTION TO DISMISS NOTICE SENT ON 02/27/2017
03/17/2017 HEARING- MOTION TO DISMISS HELD ON 03/16/2017 at02:00 p.m. in Room No. 11 NANCY MILLS , JUSTICE Attorney: LEONARD SHARON DA: DEBORAH CHMIELEWSKI Defendant Present in Court FTR 11 DEFENDANT'S TESTIMONY BEGINS. DEFENSE RESTS. STATE'S TESTIMONY BEGINS. STATE OFFERS EX 1-14, ADMITTED WITHOUT OBJECTION. STATE RESTS. CASE CONTINUED TO 3/24/17 @ 8:30 FOR DEFENDANT TO SUBPOENA ADDmONAL VIDEO. 03/17/2017 Charge(s): 1,2 HEARING - MOTION TO DISMISS SCHEDULED FOR 03/24/2017 at 08:30 a.m.
NOTICE TO PARTIES/COUNSEL 03/17/2017 Charge(s): 1,2 HEARING - MOTION TO DISMISS NOTICE SENT ON 03/17/2017 JIM PAUL TURCOTTE, ASSISTANT CLERK 03/24/2017 Charge(s): 1,2 HEARING - MOTION TO DISMISS HELD ON 03/24/2017 PAUL A FRITZSCHE, JUSTICE Attorney: LEONARD SHARON DA: JULIA SHERIDAN ALSO ADA D CHMIELEWSKI FTR 9 BRIEFS TOBE SUBMITTED BY 4-3-17 03/24/2017 CASE STATUS - CASE FILE LOCATION ON 03/24/2017
CASE FILE IS ON DEB COOK'S DESK WAmNG FOR BRIEFS FROM ATTORNEYS 04/03/2017 OTHER FILING- OTHER DOCUMENT FILED ON 04/03/2017
DA: JULIA SHERIDAN
CR-200 Page 3 of 4 Printed on: 05/17/2017 MICHELLE GADSON CUMCD-CR-2016-03882 DOCKET RECORD STATE'S POST-HEARING MEMORANDUM 04/04/2017 OTHER FILING - MEMORANDUM OF LAW FILED ON 04/03/2017
Attorney: LEONARD SHARON 04/24/2017 CASE STATUS - CASE FILE RETURNED ON 04/04/2017
04/24/2017 CASE STATUS - CASE FILE LOCATION ON04/24/2017
IN JUSTICE MIILS' CHAMBERS 05/17/2017 CASE STATUS - CASE FILE RETURNED ON 05/17/2017 nM PAUL TURCOTTE ,ASSISTANT CLERK 05/17/2017 Charge(s): 1,2 MOTION - MOTION TO DISMISS DENIED ON 05/17/2017 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL
ATRUECOPY ATTEST: - - - - - -- - - - Clerk
CR-200 Page4 of4 Printed on: 05/17/2017 STATE OF MAINE CRIMINAL DOCKET vs CUMBERLAND, ss. ISAIAH GADSON Docket No CUMCD-CR-2016-03884 132MARGINAL WAY APT 213 PORTLAND ME 04101 DOCKET RECORD DOB: 05/28/1997 Attorney: LEONARD SHARON State's Attorney: STEPHANIE ANDERSON ANDRUCKI & KING POBOX7120 179 LISBON STREET LEWISTON ME 04243 RETAINED 08/10/2016 Charge(s) 1 ASSAULT ON AN OFFICER 07/04/2016 PORTLAND Seq 2816 17-A 752-A(l)(A) ClassC
2 REFUSING TO SUBMIT TO ARREST OR DETENT, PHYS FORCE 07/04/2016 PORTLAND Seq 11512 17-A 751-B(l)(B) Class D Charged with COMPLAINT on Supplemental Filing.
3 CARRYING CONCEALED WEAPON 07/04/2016 PORTLAND Seq 9775 25 2001-A(l)(B) Class D Charged with COMPLAINT on Supplemental Filing.
Docket Events: 07/06/2016 FILING DOCUMENT- CASH BAIL BOND FILED ON 07/05/2016
07/06/2016 Charge(s): 1 HEARING - INffiAL APPEARANCE SCHEDULED FOR 08/25/2016 at 08:30 a.m . in Room No. 1
NOTICE TO PARTIES/COUNSEL 07/06/2016 BAIL BOND - $2,000.00 CASH BAIL BOND FILED ON 07/05/2016
Bail Receipt Type: CR Bail Amt: $2,000 Receipt Type: CK Date Bailed: 07/05/2016 Prvdr Name: TYLER ROSS Rtrn Name: TYLER ROSS 409 3RD PARTY DOB 7-23-94 08/01/2016 Charge(s): 1,2,3 SUPPLEMENTAL FILING- COMPLAINT FILED ON 08/01/2016
08/10/2016 Party(s): ISAIAH GADSON ATTORNEY - RETAINED ENTERED ON 08/10/2016
Attorney: LEONARD SHARON 08/26/2016 Charge(s): 1 HEARING - INmAL APPEARANCE HELD ON 08/25/2016 LANCE WALKER , JUSTICE Attorney: LEONARD SHARON DA: BRENDAN O'BRIEN Defendant Present in Court FI'R #1 08/26/2016 Charge(s): 1,2,3 PLEA - NO ANSWER ENTERED BY DEFENDANT ON 08/25/2016
08/26/2016 BAIL BOND - CASH BAIL BOND CONTINUED AS POSTED ON 08/25/2016
CR-200 Page 1 of 5 Printed on: 05/17/2017 ISAIAH GADSON CUMCD-CR-2016-03884 DOCKET RECORD LANCE WALKER , WSTICE Date Bailed: 07/05/2016 409 3RD PARTY DOB 7-23-94 08/26/2016 HEARING- DISPOSffiONALCONFERENCE SCHEDULED FOR 11/16/2016 atOl:OOp.m. in Room No. 7
08/26/2016 TRIAL - mRY TRIAL SCHEDULED FOR 01/09/2017 at 08:30 a.m. in Room No. 11
NOTICE TO PARTIES/COUNSEL 09/12/2016 Charge(s): 1,2,3 SUPPLEMENTAL FILING - INDICTMENT FILED ON 09/09/2016
09/12/2016 Charge(s): 1,2,3 HEARING - ARRAIGNMENT SCHEDULED FOR 10/06/2016 at 08:30 a.m. in Room No. 1
09/12/2016 Charge(s): 1,2,3 HEARING - ARRAIGNMENT NOTICE SENT ON 09/12/2016
10/06/2016 Charge(s): 1,2,3 HEARING - ARRAIGNMENT CONTINUED ON 10/06/2016
10/06/2016 Charge(s): 1,2,3 HEARING- ARRAIGNMENT SCHEDULED FOR 10/12/2016 at 01:00 p.m. in Room No. 1
10/06/2016 WRIT- HABEAS CORPUS TO PROSECUTE ISSUED ON 10/06/2016
CERTIFIED COPY TO SHERIFF DEPT. 10/06/2016 MOTION - MOTION TO REVOKE BAIL FILED BY STATE ON 10/03/2016
10/12/2016 Charge(s): 1,2,3 HEARING - ARRAIGNMENT HELD ON 10/12/2016 JED FRENCH , mDGE Attorney: LEONARD SHARON DA: MEGHANCONNELLY Defendant Present in Court DEFENDANT INFORMED OF CHARGES. FTR 1 10/12/2016 Charge(s): 1,2,3 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 10/12/2016
10/12/2016 BAIL BOND - NO BAIL ALLOWED SET BY COURT ON 10/12/2016
10/12/2016 HEARING - MOTION TO REVOKE BAIL SCHEDULED FOR 11/08/2016 at 01:00 p.m. in Room No. 1
NOTICE TO PARTIES/COUNSEL 10/17/2016 HEARING - MOTION TO REVOKE BAIL NOTICE SENT ON 10/17/2016
11/01/2016 HEARING - DISPOSffiONAL CONFERENCE NOTICE SENT ON 11/01/2016
11/02/2016 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 11/02/2016
TO CONTINUE MOTION HEARING 11-8-16. STATE'S POSffiON UNKNOWN . 11/04/2016 MOTION - MOTION TO CONTINUE GRANTED ON 11/04/2016 LANCE WALKER , WSTICE CR-200 Page 2 of 5 Printed on: 05/17/2017 ISAIAH GADSON CUMCD-CR-2016-03884 DOCKET RECORD COPY TO PARTIES/COUNSEL 11/04/2016 HEARING - MOTION TO REVOKE BAIL CONTINUED ON 11/04/2016 LANCE WALKER , JUSTICE 11/08/2016 LETTER- FROM PARTY FILED ON 11/07/2016
LETTER FROM ATTORNEY REQUESTING A WRIT FOR HEARING 11-16-16. 11/16/2016 WRIT - HABEAS CORPUS TO PROSECUTE ISSUED ON 12/07/2016 at 08:30 a.m. in Room No. 7
CERTIFIED COPY TO SHERIFF DEPT. 11/17/2016 HEARING - DISPOSffiONAL CONFERENCE SCHEDULED FOR 12/07/2016 at 08:30 a.m. in Room No. 7
11/17/2016 HEARING- DISPOSffiONALCONFERENCE CONTINUED ON 11/16/2016 LANCE WALKER , JUDGE Attorney: LEONARD SHARON CASE CONTINUED. WRIT NEEDED. FTR 7 12/05/2016 LETTER- FROM PARTY FILED ON 12/05/2016
Attorney: LEONARD SHARON LETTER INFORMING COURT THAT THE DEFENDANT IS IN CUSTODY AT THE ANDROSCOGGIN COUNTY JAIL 12/07/2016 HEARING - DISPOSffiONAL CONFERENCE HELD ON 12/07/2016 LANCE WALKER , JUSTICE Attorney: LEONARD SHARON DA: DEBORAHCHMIELEWSKI CONF HELD, CASE UNRESOLVED. ON FOR JURY SELECTION 3-13 12/07/2016 TRIAL - JURY TRIAL CONTINUED ON 12/07/2016
12/07/2016 Charge(s): 1,2,3 TRIAL - JURY TRIAL SCHEDULED FOR 03/13/2017 at 08:30 a.m. in Room No. 11
NOTICE TO PARTIES/COUNSEL 12/07/2016 WRIT - HABEAS CORPUS TO PROSECUTE REMANDED ON 12/07/2016 LANCE WALKER , JUSTICE 12/07/2016 Charge(s): 1,2,3 TRIAL - JURY TRIAL NOTICE SENT ON 12/07/2016
12/08/2016 WRIT - HABEAS CORPUS TO PROSECUTE ISSUED ON 12/08/2016
CERTIFIED COPY TO SHERIFF DEPT. 12/08/2016 WRIT - HABEAS CORPUS TO PROSECUTE ORDERED ON 12/08/2016 ROLAND A COLE , JUSTICE 01/25/2017 Charge(s): 1,2,3 MOTION - OTHER MOTION FILED BY DEFENDANT ON 01/25/2017
Attorney: LEONARD SHARON MOTION FOR PREPARATION OF REPORT ON INJURIES 01/25/2017 HEARING - OTHER MOTION SCHEDULED FOR 02/28/2017 at 01 :00 p.m. in Room No. 1
MOTION FOR PREPARATION OF REPORT ON INJURIES 01/25/2017 HEARING- OTHER MOTION NOTICE SENT ON 01/25/2017
MOTION FOR PREPARATION OF REPORT ON INJURIES 01/25/2017 MOTION - MOTION TO DISMISS FILED BY DEFENDANT ON 01/25/2017 CR-200 Page 3 of 5 Printed on: 05/17/2017 ISAIAH GADSON CUMCD-CR-2016-03884 DOCKET RECORD
Attorney: LEONARD SHARON 01/25/2017 HEARING - MOTION TO DISMISS SCHEDULED FOR 02/28/2017 at 01 :00 p.m. in Room No. 1
NOTICE TO PARTIES/COUNSEL 01/25/2017 HEARING- MOTION TO DISMISS NOTICE SENT ON 01/25/2017
01/25/2017 WRIT - HABEAS CORPUS TO PROSECUTE ISSUED ON 01/25/2017
CERTIFIED COPY TO SHERIFF DEPT. 01/26/2017 WRIT- HABEAS CORPUS TO PROSECUTE ORDERED ON 01/26/2017 ROLAND A COLE , JUSTICE 02/27/2017 Charge(s): 1,2,3 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 02/24/2017
Attorney: LEONARD SHARON MOTION TO CONTINUE HEARING ON 2-28. STATE DOES OBJECT 02/27/2017 Charge(s): 1,2,3 MOTION - MOTION TO CONTINUE DENIED ON 02/27/2017 PAUL A FRITZSCHE, JUSTICE COPY TO PARTIES/COUNSEL THE CASE IS NEARLY 8 MONTHS OLD AND THE DEFENDANT IS IN CUSTODY. THE MOTION WAS ALSO JUST FILED 02/27/2017 Charge(s): 1,2,3 MOTION - MOTION TO CONTINUE GRANTIID ON 02/24/2017 PAUL A FRITZSCHE, JUSTICE COPY TO PARTIES/COUNSEL 02/27/2017 HEARING - MOTION TO DISMISS CONTINUED ON 02/27/2017 PAUL A FRITZSCHE , JUSTICE 02/27/2017 HEARING- OTHER MOTION CONTINUED ON 02/27/2017 PAUL A FRITZSCHE, JUSTICE MOTION FOR PREPARATION OF REPORT ON INJURIES 02/27/2017 Charge(s): 1,2,3 TRIAL - JURY TRIAL NOT HELD ON 02/27/2017
02/27/2017 HEARING- MOTION TO DISMISS SCHEDULEDFOR03/16/2017 atOl:00 p.m. in Room No. 1
NOTICE TO PARTIES/COUNSEL 02/27/2017 HEARING - MOTION TO DISMISS NOTICE SENT ON 02/27/2017
02/28/2017 WRIT - HABEAS CORPUS TO PROSECUTE ISSUED ON 02/28/2017
CERTIFIED COPY TO SHERIFF DEPT. 02/28/2017 WRIT - HABEAS CORPUS TO PROSECUTE ORDERED ON 02/28/2017 PAUL A FRITZSCHE, JUSTICE 03/06/2017 LETTER- FROM PARTY FILED ON 03/06/2017
Attorney: LEONARD SHARON FROM ATTORNEY RE: WRIT 03/17/2017 HEARING- MOTION TO DISMISS HELD ON 03/16/2017 at02:00 p.m. in Room No. 11 NANCY MILLS , JUSTICE Attorney: LEONARD SHARON DA: DEBORAH CHMIELEWSKI CR-200 Page4 of 5 Printed on: 05/17/2017 ISAIAH GADSON CUMCD-CR-2016-03884 DOCKET RECORD Defendant Present in Court FI'R 11 DEFENDANT'S TESTIMONY BEGINS . DEFENSE RESTS. STATE'S TESTIMONY BEGINS. STATE OFFERS EX 1-14,ADMITTED WTI1IOUT OBJECTION. STATE RESTS. HEARING CONTINUED TO 3/24/17 @ 8:30 FOR DEFENDANT TO SUBPOENA FINAL VIDEO EVIDENCE. 03/17/2017 Charge(s): 1,2,3 HEARING - MOTION TO DISMISS SCHEDULED FOR 03/24/2017 at 08:30 a.m.
NOTICE TO PARTIES/COUNSEL 03/17/2017 Charge(s): 1,2,3 HEARING - MOTION TO DISMISS NOTICE SENT ON 03/17/2017 JIM PAUL TURCOTTE, ASSISTANT CLERK 03/24/2017 Charge(s): 1,2,3 HEARING - MOTION TO DISMISS HELD ON 03/24/2017 PAUL A FRITZSCHE, JUSTICE Attorney: LEONARD SHARON DA: JULIA SHERIDAN FI'R 9 ALSO ADA D CHMIELEWSKI BRIEFS TOBE FILED BY 4-3-17 03/24/2017 CASE STATUS - CASE FILE LOCATION ON 03/24/2017
CASE IS ON DEB COOK'S DESK WAITING FOR BRIEFS FROM ATTORNEYS 04/03/2017 OTHER FILING - OTHER DOCUMENT FILED ON 04/03/2017
DA: DEBORAHCHMIELEWSK.I STATE'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS 04/04/2017 OTHER FILING - MEMORANDUM OF LAW FILED ON 04/03/2017
Attorney: LEONARD SHARON 04/24/2017 CASE STATUS - CASE FILE RETURNED ON 04/04/2017
04/24/2017 CASE STATUS - CASE FILE LOCATION ON 04/24/2017
CASE IS IN JUSTICE MILLS' CHAMBERS 05/17/2017 CASE STATUS - CASE FILE RETURNED ON 05/17/2017
05/17/2017 MOTION - MOTION TO DISMISS DENIED ON 05/17/2017 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL
ATRUECOPY ATTEST: - - - - - - - - - - Clerk
CR-200 Page 5 of 5 Printed on: 05/17/2017