..
STATE OF MAINE SUPERIOR COURT KENNEBEC, SS. CRIMINAL ACTION DOCKET NO. CR-16-229
STATE OF MAINE
V. RESTITUTION ORDER
WENDY GAGNE
The matter before the court is the State of Maine's Motion to Enforce Payment of Restitution dated June 23, 2016 and the Defendant's Motion to Dismiss dated January 20, 2017. A hearing on both motions was held on April 28, 2017, which included testimony from Diana York the restitution clerk with the Kennebec County District Attorney's Office, and the Defendant Wendy Gagne. Also admitted into evidence were the following exhibits: State's Exhibit 1 and Defendant's Exhibits 1-12. Based upon the evidence presented at the hearing and a review of the file in this case, and after consideration of the arguments made by the parties, the court makes the following findings of fact and conclusions of law. FINDINGS AND CONCLUSIONS On October 3, 2002 the Defendant waived indictment to an information charging her with one count of Class B theft by deception of "over $400,000" of property belonging to Maine Pulp and Paper Association (MPPA), her former employer. She entered a not guilty plea on October 10, 2002, but changed her plea to guilty on October 30, 2002. The plea agreement was a "cap" agreement whereby the State could argue for 10 years, all but 5 years suspended with 4 years of probation and restitution, and the Defendant could argue for less incarceration. Sentencing was held on February 6, 2003. Both the prosecution and the defense submitted written sentencing memoranda. Attorney Charles Einsiedler of the firm Pierce Atwood submitted a letter on behalf of the Board of Directors ofMPPA. The court (Studstrup, J.) sentenced the Defendant to 7 years, with all but 30 months suspended followed by 4 years of probation. As part of the judgment and commitment the sentencing court ordered the Defendant to make restitution in the amount of $400,000 for the benefit of the victim. As a condition of her probation, the Defendant was ordered to pay restitution in the "maximum" amount of $400,000 for the benefit of the named victim. In his letter to the sentencing court, Attorney Einsiedler requested restitution for his client in the amount of $367,400, which represented the claimed theft of $400,000 minus payments already made by the Defendant to MPPA of $32,600. The State sought an identical amount of restitution. State's Exhibit 1 admitted at the hearing on April 28, 2017, reflects restitution payments by the Defendant while incarcerated and/or on probation totaling $15 ,317.39. The court finds that the $400,000 restitution amount made part of the Defendant's judgment and her probation, was intended to be a maximum amount before application of any cash payments made by the Defendant to the victim. Accordingly, the court further finds that the Defendant has made cash payments totaling $47,917.39 ($32,600 + $15,317.39), leaving a balance of $352,082.61 prior to the application of any other credits to which the Defendant may be entitled as discussed below. In his letter to the sentencing court dated January 29, 2003, Attorney Einsiedler made reference to three (3) properties owned by the Defendant in the central Maine area as to which the Defendant (and apparently her husband) granted the victim mortgages. At the hearing on April 28, 2017 the Defendant offered into evidence Defendant's Exhibits 1, 2 and 3 being recorded mortgage deeds on real estate in Pittston, Augusta and Gardiner, respectively, each dated January 31, 2003.
2 The Defendant testified that neither she nor her husband had any further ownership interest in these properties, and she had no knowledge or information about the properties at this time. Counsel for the Defendant also raised the possibility that MPP A may have received an insurance settlement as a result of the Defendant's employee theft, but no details of any such payment was provided to the court. During a hearing on the State's Motion to Revoke the Defendant's Probation held on December 10, 2009 (Mills, J.) the Defendant presented several letters her counsel had sent to Attorney Einsiedler in 2009 seeking information regarding any insurance payments and/or any proceeds obtained from the foreclosure of the 3 properties that were the subject of the mortgage deeds identified as Defendant's Exhibits 1, 2 and 3. See also Defendant's Exhibits 1,2 and 3 to the Motion to Revoke and Defendant's Exhibit 4 to Motion to Enforce). 1 According to counsel for the Defendant, Attorney Einsiedler did not provide any information regarding insurance payments or any proceeds from the three parcels of real estate. The Defendant's motion to dismiss is premised on two arguments. First, she contends that the State's earlier motion to revoke her probation for failure to pay restitution was denied and, thereafter, her probation tenninated. Thus, she claims that her restitution obligation no longer exists. As explained on the record at the April 28, 2017 hearing, the court disagrees with this contention because the Defendant's obligation to make restitution was part of the sentencing judgment, in addition to being a condition of her probation. See 17-A M.R.S. §§ 1326-A, 1326 F and 1329.
1 In a letter dated June 19, 2009 (Defendant's Exhibit 2 to Motion to Revoke) counsel for the Defendant outlined the foreclosure proceedings on each of the properties. It is not known how much, if any, proceeds MPPA realized as a result of those foreclosure actions.
3 Secondly, the Defendant maintains that earlier this year the Maine Pulp and Paper Association dissolved as a nonprofit corporation. See Defendant's Exhibits 5, 6 & 7. Thus, the Defendant argues, there is no longer a victim for whose benefit restitution must be paid. The Maine Criminal Code does not appear to clearly address this issue. Nevertheless, the court concludes that the corporation's entitlement to restitution from the Defendant is an asset of the corporation and the directors of the corporation, as liquidating trustees, have the authority to dispose of any undistributed property of the corporation. See 13-B M.R.S. §§1111(2) and 1104(1 )(D) & (2). For the reasons stated on the record of the April 28, 2017 hearing, the 2 Defendant's motion to dismiss the State's motion to enforce restitution is denied. The Defendant further argues that it is the State's responsibility and burden to account for any other payments received by the victim from some collateral source, such as insurance or from the proceeds of the sale of the three mortgaged properties. The court agrees that it is the State's initial burden of proving "the extent of the victim's loss." State v. Berube, 1997 ME 165, ,r 19, 698 A.2d 509. On that issue the State has satisfied its burden. In the court's view, it is the Defendant's burden to present evidence that she should be credited with additional amounts that may have been subsequently paid to the victim from a collateral 3 source or from the sale of the three parcels of mortgaged real estate.
'The court would note that 17-A M.R.S. §1325(2)(A) provides that restitution is not authorized without the victim's consent. Presumably, the directors of the now dissolved MPPA could determine that it no longer wishes to receive restitution from the Defendant. The court is not aware that the authorized persons of the corporation have taken such an action. See also 17-A M.R.S. §1324(2)(restitution may be authorized for "[t]he county where the offense was prosecuted if the victim voluntarily refuses restitution....") , The court has scheduled a follow-up hearing for June 30, 2017 at 10:00 am if there is a need to take additional evidence relevant to the issue of whether the victim has received compensation from a collateral source or has received any proceeds from the mortgaged real estate.
4 . t
During her testimony on April 28, 2017 the stated that based on her current income and financial resources she has the ability to pay $200 per month towards restitution. Based upon the foregoing, the court finds that the Defendant is in default of her obligation to make restitution and further finds that the default was not inexcusable. IT IS ORDERED, that the Defendant shall pay restitution for the benefit of the victim as follows: up to the amount of $352,082.61 in payments of $200 per month beginning in May, 2017, to be paid to the Office of the District Attorney, 95 State Street, Augusta, Maine 04330. FAILURE TO OBEY THIS COURT ORDER MAY SUBJECT YOU TO PENALITIES INCLUDING CONFINEMENT OF UP TO SIX MONTHS IN A COUNTY JAIL. SEE 17-A M.R.S. § 1330. CONCLUSION For the foregoing reasons, the entry is: State of Maine's Motion to Enforce Restitution is GRANTED. Defendant's Motion to Dismiss is DENIED.
Dated: May 4, 2017.
Justice, Superior Court
5 ~ STATE OF MAINE SUPERIOR COURT vs KENNEBEC, ss. WENDY GAGNE Docket No AUGSC-CR- 2 002-00316 3 1 HUTCHINSON DRIVE AUGUSTA ME 04330 DOCKET RECORD
DOB: 05/24/1973 Attorney: ROBERT SANDY State's Attorney: DAVID CROOK SHERMAN & SANDY 74 SILVER ST PO BOX 499 WATERVILLE ME 04903-0499 RETAINED 04/06/2009
Filing Document: INFORMATION Major Case Type: FELONY (CLASS A,B,C) Filing Date: 10/01/2002
Charge (s)
1 THEFT BY DECEPTION 03/31/2002 AUGUSTA Seq 4784 17-A 354(1} Class B
Docket Events:
10/01/2002 FILING DOCUMENT - INFORMATION FILED ON 10/01/2002
FILING DOCUMENT - INFORMATION APPROVED ON 10/01/2002
10/01/2002 Charge(s) i 1 HEARING - ARRAIGNMENT SCHEDULED FOR 10/10/2002 at 08:30 a.m.
NOTICE TO PARTIES/COUNSEL 10/10/2002 Charge(s): 1 HEARING - ARRAIGNMENT HELD ON 10/10/2002 at 08:30 a.m. S KIRK STUDSTRUP, JUSTICE Attorney: M MURPHY DA: PAUL RUCHA Reporter: PHILIP GALUCKI Defendant Present in Court
READING WAIVED. DEFENDANT INFORMED OF CHARGES. COPY OF INDICTMENT/INFORMATION GIVEN TO DEFENDANT. 21 DAYS TO FILE MOTIONS, STATE DEFERRED BAIL AT THIS TIME. 10/10/2002 Charge(s): 1 REQUEST - WAIVER OF INDICTMENT FILED ON 10/10/2002
10/10/2002 Charge(s) : 1 REQUEST - WAIVER OF INDICTMENT APPROVED ON 10/10/2002 S KIRK STUDSTRUP, JUSTICE IN OPEN COURT 10/10/2002 Charge(s): 1 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 10/10/2002 S KIRK STUDSTRUP, JUSTICE Attorney: M MURPHY DA : PAUL RUCHA Reporter: PHILIP GALUCKI Defendant Present in Court CR 200 Page l of B Printed on: 05/04/2017 WENDY GAGNE AUGSC-CR-2002-00316 DOCKET RECORD STATED DEFERRED BAIL AT THIS TIME 10/10/2002 Charge(s): 1 PLEA - NOT GUILTY ACCEPTED BY COURT ON 10/10/2002
10/10/2002 HEARING - RULE 11 HEARING SCHEDULED FOR 10/30/2002 at 08:30 a.m.
NOTICE TO PARTIES/COUNSEL 10/30/2002 HEARING - RULE 11 HEARING HELD ON 10/30/2002 S KIRK STUDSTRUP, JUSTICE Attorney: M MURPHY DA: PAUL RUCHA Defendant Present in Court
READING WAIVED 10/30/2002 Charge(s): 1 PLEA - GUILTY ENTERED BY DEFENDANT ON 10/30/2002 at 01:00 p.m.
10/30/2002 Charge(s): 1 PLEA - GUILTY ACCEPTED BY COURT ON 10/30/2002
10/30/2002 Charge(s): 1 FINDING - GUILTY ENTERED BY COURT ON 10/30/2002
10/30/2002 Charge(s): 1 FINDING - GUILTY CONT FOR SENTENCING ON 10/30/2002
10/31/2002 OTHER FILING - FORENSIC REPORT ORDERED ON 10/30/2002 S KIRK STUDSTRUP, JUSTICE FORENSIC REFERRAL ORDER FORM, COPY OF INDICTMENT, AND DOCKET RECORD FAXED TO LORI DAY AT STATE FORENSIC.; EXAMINATION IS SCHEDULED FOR NOVEMBER 13, 2002 AT 9:00 A.M. ON AMHI CAMPUS, AUGUSTA, ME. DEFENDANT FAILED TO APPEAR FOR THIS APPOINTMENT. LORI DAY WILL RESCHEDULE THE APPOINTMENT. NEW APPT. SCHEDULED FOR 11/25/02 AT 9:00. 10/31/2002 BAIL BOND - UNSECURED BAIL BOND SET BY COURT ON 10/30/2002 S KIRK STUDSTRUP, JUSTICE 10/31/2002 BAIL BOND - UNSECURED BAIL BOND COND RELEASE ISSUED ON 10/30/2002
10/31/2002 BAIL BOND - $5,000.00 UNSECURED BAIL BOND FILED ON 10/30/2002
Bail Amt: $5,000 Date Bailed: 10/30/2002
Conditions of Bail: Report to attorney forthwith and as thereafter directed.
Counseling Other: CONTINUE WITH COUNSELING
Report:REPORT TO ATTORNEY BY PHONE OR IN PERSON ON A WEEKLY BASIS
Other:COOPERATE WITH PREPARATION OF PRESENTENCE INVESTIGATION REPORT AND FORENSIC EVALUATION. 12/17/2002 HEARING - SENTENCE HEARING SCHEDULED FOR 01/08/2003 at 01:00 p.m.
NOTICE TO PARTIES/COUNSEL 12/17/2002 HEARING - SENTENCE HEARING NOTICE SENT ON 12/18/2002 CR 200 Page 2 of 8 Printed on: 05/04/2017 WENDY GAGNE AUGSC-CR-2002-00316 DOCKET RECORD
12/17/2002 Party(s): WENDY GAGNE ATTORNEY - RETAINED ENTERED ON 10/01/2002
Attorney: M MURPHY 12/30/2002 OTHER FILING - FORENSIC REPORT FILED ON 12/30/2002
COPIES TO PARTIES/COUNSEL 01/03/2003 MOTION - MOTION TO CONTINUE FILED BY STATE ON 01/03/2003
01/06/2003 MOTION - MOTION TO CONTINUE GRANTED ON 01/03/2003 S KIRK STUDSTRUP, JUSTICE COPIES TO PARTIES/COUNSEL 01/10/2003 HEARING - SENTENCE HEARING CONTINUED ON 01/03/2003
01/10/2003 HEARING - SENTENCE HEARING SCHEDULED FOR 02/06/2003 at 08:30 a.m.
NOTICE TO PARTIES/COUNSEL 01/10/2003 HEARING - SENTENCE HEARING NOTICE SENT ON 01/10/2003
01/31/2003 OTHER FILING - VICTIM IMPACT STATEMENT FILED ON 01/31/2003
VICTIM ADVOCATE MARLA MORGAN FILES STATEMENTS FROM LINDA CAPRARA AND CHARLES EINSIEDLER, ESQ., ON BEHALF OF MAINE PULP AND PAPER. 02/21/2003 OTHER FILING - SENTENCING MEMORANDUM FILED BY STATE ON 02/05/2003
DA: EVERT FOWLE 02/21/2003 OTHER FILING - SENTENCING MEMORANDUM FILED BY DEFENDANT ON 02/05/2003
Attorney: M MURPHY 02/21/2003 Charge(s): 1 HEARING - SENTENCE HEARING HELD ON 02/06/2003 S KIRK STUDSTRUP, JUSTICE Attorney: M MURPHY DA: EVERT FOWLE Reporter : PHILIP GALUCKI Defendant Present in Court 02/21/2003 Charge(s): 1 RULING - ORIGINAL ORDERED ON 02/06/2003 S KIRK STUDSTRUP, JUSTICE Attorney: M MURPHY DA: EVERT FOWLE Reporter: PHILIP GALUCKI Defendant Present in Court It is adjudged that the defendant is guilty of 1 THEFT BY DECEPTION 17-A 354(1) Class Bas charged and convicted.
The defendant is sentenced to the DEPARTMENT OF CORRECTIONS for a term of 7 year(s).
It is ordered that all but 30 month(s) of the sentence as it relates to confinement be suspended.
It is ordered that the defendant be placed on a period of probation for a term of 4 year(s) upon conditions attached hereto and incorporated by reference herein.
CR 200 Page 3 of 8 Printed on: 05/04/2017 WENDY GAGNE AUGSC-CR-2002-00316 DOCKET RECORD Said Probation to commence after completion of the unsuspended term of imprisonment.
It is ordered that the defendant forfeit and pay the sum of $400000.00 as restitution through Probation.
$ 25 VICTIMS COMPENSATION FUND TOTAL DUE:$ 25.00.
Special Conditions of Probation: 1. 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. 10. 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. 11. 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. pay restitution as stated earlier.
NOT HANDLE MONEY OTHER THAN HER OWN. 0 2/21/2003 Charge(s): 1 RULING - ORIGINAL ISSUED ON 02/06/2003 S KIRK STUDSTRUP, JUSTICE Attorney: M MURPHY DA: EVERT FOWLE Reporter: PHILIP GALUCKI Defendant Present in Court
DEFENDANT ACKNOWLEDGES RECEIPT 02 /21/2003 HEARING - SENTENCE HEARING HELD ON 02/06/2003 S KIRK STUDSTRUP, JUSTICE Attorney: M MURPHY DA: EVERT FOWLE Reporter: PHILIP GALUCKI Defendant Present in Court 02 /21/2003 BAIL BOND - UNSECURED BAIL BOND COMMITMENT ISSUED ON 02/06/2003
Date Bailed: 10/30/2002 02 /21/2003 Charge(s): 1 ABSTRACT - SBI EDI ON 02/21/2003
LAST EDI SENT: 02/21/2003 21:24:35 03 /17/2009 FILING DOCUMENT - FIRST MOTION PROB REVOCATION FILED ON 03/17/2009 CR 200 Page 4 of 8 Printed on: 05/04/2017 WENDY GAGNE AUGSC-CR-2002-00316 DOCKET RECORD
TOGETHER WITH AFFIDAVIT IN SUPPORT OF PC 03/17/2009 Charge (s) : 1 HEARING - PV INITIAL APPEARANCE SCHEDULED FOR 04/14/2009 at 08:15 a.m .
03/17/2009 SUMMONS/SERVICE - PROBATION REVOCATION SUMMONS FILED ON 03/17/2009
04/06/2009 Party(s): WENDY GAGNE ATTORNEY - WITHDRAWN ORDERED ON 04/06/2009
Attorney: M MURPHY 04/06/2009 Party(s): WENDY GAGNE ATTORNEY - RETAINED ENTERED ON 04/06/2009
Attorney: ROBERT SANDY 04/14/2009 Charge(s): 1 HEARING - PV INITIAL APPEARANCE HELD ON 04/14/2009 NANCY MILLS, JUSTICE Reporter: TAMMY DROUIN Defendant Present in Court 04/14/2009 Charge(s): 1 PLEA - DENY ENTERED BY DEFENDANT ON 04/14/2009
04/14/2009 Charge(s): 1 HEARING - PROBATION REVOCATION SCHEDULED FOR 06/10/2009 at 08:30 a.m.
04/14/2009 Charge(s) : 1 HEARING - PROBATION REVOCATION NOTICE SENT ON 04/14/2009
04/14/2009 BAIL BOND - $1,000.00 UNSECURED BAIL BOND SET BY COURT ON 04/14/2009 NANCY MILLS , JUSTICE Reporter: TAMMY DROUIN ABIDE BY CONDITIONS OF PROBATION 04/14/2009 BAIL BOND - $1,000.00 UNSECURED BAIL BOND FILED ON 04/14/2009
Bail Amt: $1,000 Date Bailed: 04/14/2009 04/14/2009 BAIL BOND - UNSECURED BAIL BOND COND RELEASE ISSUED ON 01/14/2009
04/14/2009 BAIL BOND - UNSECURED BAIL BOND BAIL RELEASED ON 04/14/2009
Date Bailed: 10/30/2002 06/04/2009 HEARING - PROBATION REVOCATION SCHEDULED FOR 06/18/2009 at 10:00 a.m.
06/04/2009 HEARING - PROBATION REVOCATION NOTICE SENT ON 06/04/2009
06/10/2009 Charge(s): 1 HEARING - PROBATION REVOCATION CONTINUED ON 06/10/2009
06/18/2009 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 06/18/2009
06/23/2009 MOTION - MOTION TO CONTINUE GRANTED ON 06/22/2009 JOHN NIVISON, JUSTICE CR 200 Page 5 of 8 Printed on: 05/04/2017 WENDY GAGNE AUGSC-CR-2002-00316 DOCKET RECORD 06/23/2009 HEARING - PROBATION REVOCATION CONTINUED ON 06/22/2009 JOHN NIVISON, JUSTICE 06 / 23/2009 HEARING - PROBATION REVOCATION SCHEDULED FOR 12/09/2009 at 02:15 p.rn.
06/23/2009 HEARING - PROBATION REVOCATION NOTICE SENT ON 06/23/2009
12/09/2009 HEARING - PROBATION REVOCATION CONTINUED ON 12/09/2009
12/09/2009 HEARING - PROBATION REVOCATION SCHEDULED FOR 12/10/2009 at 08:30 a.rn.
12/10/2009 BAIL BOND - UNSECURED BAIL BOND BAIL RELEASED ON 12/10/2009
Date Bailed: 04/14/2009 12/10/2009 HEARING - PROBATION REVOCATION HELD ON 12/10/2009 NANCY MILLS , JUSTICE Attorney: ROBERT SANDY DA: PAUL RUCHA Defendant Present in Court
TAPE# 1263, INDEX#3996-5800 12/10/2009 Charge(s): 1 FINDING - PROBATION NOT VIOLATED ENTERED BY COURT ON 12/10/2009
12/10/2009 BAIL BOND - UNSECURED BAIL BOND RELEASE ACKNOWLEDGED ON 12/10/2009
Date Bailed: 04/14/2009 12/10/2009 Charge(s): 1 ABSTRACT - SBI SUPPLEMENTAL EDI ON 12/10/2009
LAST EDI SENT: 12/10/2009 21:01:12
LAST EDI SENT: 12/10/2009 21:01:12 07/08/2016 MOTION - MOTION ENFORCE PMT RESTITUTION FILED BY STATE ON 06/24/2016
07/08/2016 HEARING - MOTION ENFORCE PMT RESTITUTION SCHEDULED FOR 07/26/2016 at 02:00 p.rn. in Room No. 1
07/08/2016 HEARING - MOTION ENFORCE PMT RESTITUTION NOTICE SENT ON 07/08/2016
07/28/2016 HEARING - MOTION ENFORCE PMT RESTITUTION FTA ON 07/26/2016 DONALD H MARDEN, JUSTICE 07/28/2016 BAIL BOND - $384,682.61 CASH BAIL BOND SET BY COURT ON 07/26/2016 DONALD H MARDEN, JUSTICE FTA FOR MOTION TO ENFORCE RESTITUTION PAYMENTS, CASH BAIL, NO 3RD PARTY 07/28/2016 Charge(s): 1 WARRANT - $384,682.61 PTA/UNPAID RESTITUTION ORDERED ON 07/26/2016 DONALD H MARDEN, JUSTICE FTA FOR MOTION TO ENFORCE RESTITUTION PAYMENTS, CASH BAIL, NO 3RD PARTY 07/28/2016 Charge(s): 1 WARRANT - $384,682.61 PTA/UNPAID RESTITUTION ISSUED ON 07/28/2016
FTA FOR MOTION TO ENFORCE RESTITUTION PAYMENTS, CASH BAIL, NO 3RD PARTY 12/07/2016 Charge(s): 1 WARRANT - PTA/UNPAID RESTITUTION EXECUTED BY AGENCY ON 12/07/2016 at 05:32 p.rn. CR 200 Page 6 of 8 Printed on: 05/04/2017 WENDY GAGNE AUGSC-CR-2002-00316 DOCKET RECORD
12/08/2016 BAIL BOND - $1,000.00 UNSECURED BAIL BOND SET BY COURT ON 12/07/2016 ERIC WALKER, JUDGE 12/08/2016 BAIL BOND - UNSECURED BAIL BOND COND RELEASE ISSUED ON 12/07/2016
12/08/2016 HEARING - MOTION ENFORCE PMT RESTITUTION SCHEDULED FOR 01/27/2017 at 10:00 a.m. in Room No. 1
12/08/2016 HEARING - MOTION ENFORCE PMT RESTITUTION NOTICE SENT ON 12/07/2016
12/09/2016 BAIL BOND - $1,000.00 UNSECURED BAIL BOND FILED ON 12/09/2016
Bail Amt: $1,000 Date Bailed: 12/07/2016 12/14/2016 Party(s): WENDY GAGNE ATTORNEY - RETAINED ENTERED ON 12/14/2016
Attorney: PETER RODWAY 12/20/2016 OTHER FILING - FINE PAYMENT SCHEDULE ORDERED ON 12/20/2016
INSTALLMENT PYMTS: O;DAILY: F;WEEKLY: F;BI-WEEKLY: F;MONTHLY: F;BI-MONTHLY: F;PYMT BEGIN: AT O;PYMT IN FULL: 20170127 AT lOOO;THRU PPO: F;PYMT DUE AMT: 25;PMT DUE: 20170127 AT lOOO;OTHER: 01/17/2017 HEARING - MOTION ENFORCE PMT RESTITUTION RET UNDELIVERABLE ON 12/27/2016
01/25/2017 MOTION - OTHER MOTION FILED BY DEFENDANT ON 01/23/2017
Attorney: ROBERT SANDY MOTION TO DISMISS THE STATE'S MOTION TO ENFORCE PAYMENT OF RESTITUTION 01/27/2017 HEARING - MOTION ENFORCE PMT RESTITUTION CONTINUED ON 01/27/2017
NEEDS 90 MINUTES FOR HEARING 01/27/2017 HEARING - MOTION ENFORCE PMT RESTITUTION SCHEDULED FOR 02/23/2017 at 11:30 a.m. in Room No. 1
01/27/2017 HEARING - MOTION ENFORCE PMT RESTITUTION NOTICE SENT ON 01/27/2017
03/01/2017 HEARING - MOTION ENFORCE PMT RESTITUTION CONTINUED ON 02/23/2017
RESCHEDULE, ATTORNEY DID NOT RECEIVE NOTICE, CASE NEEDS ABOUT 90 MINUTES 03/01/2017 HEARING - MOTION ENFORCE PMT RESTITUTION SCHEDULED FOR 04/28/2017 at 10:00 a.m. in Room No. 1
03/01/2017 HEARING - MOTION ENFORCE PMT RESTITUTION NOTICE SENT ON 03/01/2017
03/08/2017 HEARING - MOTION ENFORCE PMT RESTITUTION RET UNDELIVERABLE ON 02/27/2017
03/16/2017 HEARING - MOTION ENFORCE PMT RESTITUTION RET UNDELIVERABLE ON 02/06/2017
04/28/2017 HEARING - MOTION ENFORCE PMT RESTITUTION HELD ON 04/28/2017 in Room No. 1 WILLIAM STOKES, JUSTICE Attorney: ROBERT SANDY DA: PAUL CAVANAUGH Defendant Present in Court 04/28/2017 MOTION - OTHER MOTION DENIED ON 04/28/2017 in Room No. 1 WILLIAM STOKES, JUSTICE CR 200 Page 7 of 8 Printed on: 05/04/2017 . •• WENDY GAGNE AUGSC-CR-2002-00316 DOCKET RECORD MOTION TO DISMISS THE STATE'S MOTION TO ENFORCE PAYMENT OF RESTITUTION 04/28/2017 HEARING - MOTION ENFORCE PMT RESTITUTION SCHEDULED FOR 06/30/2017 at 10:00 a.m. in Room No. 1
04/28/2017 HEARING - MOTION ENFORCE PMT RESTITUTION NOTICE SENT ON 04/28/2017
04/28/2017 CASE STATUS - CASE FILE LOCATION ON 04/28/2017
WITH JUSTICE STOKES 04/28/2017 BAIL BOND - UNSECURED BAIL BOND BAIL RELEASED ON 04/28/2017
Date Bailed: 12/07/2016 04/28/2017 BAIL BOND - UNSECURED BAIL BOND RELEASE ACKNOWLEDGED ON 04/28/2017
Date Bailed: 12/07/2016 05/04/2017 CASE STATUS - CASE FILE RETURNED ON 05/04/2017
05/04/2017 ORDER - COURT ORDER ENTERED ON 05/04/2017 WILLIAM STOKES , JUSTICE MOTION TO ENFORCE RESTITUTION IS GRANTED, MOTION TO DISMISS IS DENIED, DEF SHALL PAY $200 PER MONTH BEGINNING IN MAY
FINE PAYMENT SCHEDULE Execution/payment stayed to pay in full by 01/27/2017 or warrant to issue.
A TRUE COPY ATTEST: Clerk
CR 200 Page 8 of 8 Printed on: 05/04/2017