State of Maine v. Lapomarda

• Court: Superior Court of Maine
• Decided: January 4, 2008
• Docket: CUMcr-07-1846and2126
• Status: Unpublished

Opinion

'i T'" j ~ U "'I >.'

STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss. CRiMINAL ACTION "'" -I

!~.,. _. Lj P,OCKET CR-07-IIIO:! 07-li 99~)7-1846~7112? -J AvJ ­ c u.. "'" - \ <..( / It) 00 ca STATE OF MAINE .J \.f \, i \ . . ,;' j'\ i'. , v. ORDER OF JOINDER l..I':>..W UBRAR

FRANK LAPOMARDA

This matter came before the court on the State's request to join the above cases

for a single trial pursuant to M.R.Crim.P. 8(c). The defendant object to the State's request

except as follows. The parties have stipulated that the following cases may be joined: (1)

CR-07-111O and CR-07-1199 may be joined for a single trial and (2) Counts Two, Three

and Four ofCR-07-1846 may be joined for a single trial.

Lapomarda is charged as follows:

CR-07-IIIO, Counts 1 and 2, Gross Sexual Assault of Rhoda Crocker on April 15,2007

CR-07-1199, Count 1, Tampering with a Victim, Rhonda Crocker, on May 9, 2007

Count 2, Violating a Condition of Release on May 9, 2007

CR-07-1846, Count 1, Gross Sexual Assault of Rose LaBarr on April 22, 2002

Count 2, Unlawful Sexual Contact of Rhea Zecchino on January 6, 2007

Count 3, Harassment by Telephone of Rhea Zecchino on January 21, 2007

Count 4, Theft of house keys from Rhea Zecchino on January 21, 2007

CR-07-2162, Count 1, Aggravated Assault of Charlene Rideout on July 27, 2005

Pursuant to M.R.Crim.P. 8(c), the court may order "two or more indictments ...

to be tried together against a single defendant if the crimes should have been joined under

paragraph (a)." Paragraph 8(a) provides for the joinder of two or more crimes "if crimes charged, whether of the same class or different classes, are of the same or similar

character or are based on the same act or transaction or on two or more acts or

transactions which are connected or which constitutes part of a common scheme or plan."

If the crimes "are connected in any reasonable manner, they are properly joinable." State

v. Pierce, 2001 ME 14, ~ 13, 770 A.2d 630 (quotation marks and citation omitted). The

test in determining whether there is a common scheme or plan is whether the events in

each charge alleged are connected "in time, purpose and modus operandi." Id at ~ 16

(quotation marks and citation omitted).

The defendant is charged with crimes of a similar character that are connected by

a common scheme or plan. Although there are differences in the details in which the

crimes were carried out, the overall purpose and modus operandi are similar. None of the

crimes are alleged to have occurred in exactly the same way because it is alleged that the

defendant adapted his method to get each victim to where he wanted her and his method

varied with the victim's degree of resistance, but in all other ways, the alleged crimes are

strikingly similar. They are connected in purpose and modus operandi.

In the first incident, it is alleged he pulled his car up to the sidewalk on High

Street, near the Eastland Hotel, where Ms. LaBarr was walking and motioned her over to

his car. He took her to Denny's for a meal, then told her he was redecorating his house

and asked her advice getting her to his home, he suggested she stay in one of his

bedrooms, and before the attack when she came out of the bathroom, the defendant was

wearing only a pajama top and his genitals were exposed. Shortly after she went to bed,

he entered the room where she was sleeping and sexually assaulted her twice.

A True CQP~ Attest: do!t~_.r~~ -'-, (1(,.le. k l': " In the second incident, it is alleged that he met Ms. Rideout while he was in his

car and she was on Congress Street near her home on Congress Street. He was to take

her to a bar in the Morrill's Corner neighborhood but on the way suggested that they go

to his house because it was cheaper. Before the sexual attack, the defendant went to his

bedroom and emerged wearing boxer shorts with his genitals protruding. When Ms.

Rideout resisted his advance, the defendant broke her ankle.

In the third incident, it is alleged that the defendant met Ms. Zecchino on Dyer

Street near Dyer's Market when the defendant approached her. The defendant took Ms.

Zecchino to Old Country Buffet for a meal. While at the restaurant, she realized that her

keys were missing. The defendant told Ms. Zecchino that she could stay at his house

since she had no way of getting into her own house. (The lost keys were later found in

defendant's trousers when he was found outside of her home.) When she fell asleep on

the couch, he suggested she go into one of the bedrooms to sleep but would not let her

take her dog into the bedroom. She awoke to find him trying to sexually assault her and

managed to escape into his living room.

And, in the final incident, he drove his car up to the Preble Street Shelter and

engaged Ms. Crocker in conversation. The defendant took Ms. Crocker to Old Country

Buffet for a meal and then took her to Wal-Mart and then drove her around for hours

showing her locations important in his life until he told her it was too late to return to the

shelter and she could stay at his house. At his house, he offered her a bedroom to sleep in,

and several hours after she went to bed, he entered the bedroom where she was, and when

she resisted his sexual overtures, he grabbed her arm and injected a needle into it and

then proceeded to sexually assault her. The ways in which the defendant insinuated himself into their lives and got them

to his house are clearly similar. In each of the cases, he met the victims on the street,

whether at a homeless shelter, on the sidewalk or in the vicinity of a local convenience

store. On the night of each of the assaults, he took the victim to first to a restaurant or bar

and then to his home where the sexual assault occurred. In the case of Rhonda Crocker

and Rhea Zecchino, he took them first to a restaurant followed by a trip to Wal-Mart to

get nightclothes for each of the women. He used or engineered excuses to get the victims

to his house and once there assaulted them. Where there are a great number of

similarities that create a pattern, as here, joinder is appropriate. "That all parts of the

State's 'common scheme or plan' were not present in every incident does not mean that

the 'common scheme or plan' did not exist." State v. Pierce, 2001 ME 14, ~ 12, 770 A.

2d 63, 634.

Joinder of these crimes will conserve judicial resources, avoid duplicative trials,

minimize the public expenditure of funds and provides the defendant with a prompt

resolution of the charges. The trial judge, with proper instructions, can assist the jury in

treating the evidence relevant to each crime separately and distinctly.

The entry is:

Motion for joinder granted and motion for severance denied.

Date: January 4, 208 qzfr Wh~;er ~ Justice, Superior Court STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss. CRIMINAL ACTION DOCKET CR-07-1110, V' 07-1199,07-1846,07-2126, 08-590 i' !

STATE OF MAINE

v. ORDER ON RECONSIDERATION OF JOINDER FRANK LAPOMARDA

This matter comes back before the court on the defendant's motion for

reconsideration of the order ofjoinder dated January 4, 2008. New counsel, Clifford

Strike, Esquire, now represents defendant. Meg Elam, ADA, continues to represent the

State. Since the court's previous order ofjoinder, the State has indicted the defendant on

additional charges, including in Count I Gross Sexual Assault of Rose LeBarr on April

22,2002, and in Counts II and III Gross Sexual Assault of Rhonda Crocker on April 15,

2007. See Docket No. CR-08-590. The State previously indicted defendant of another

Gross Sexual Assault of Rose LeBarr on April 22, 2002 in Docket No. CR-07-1846 and

of Rhonda Crocker on April 15,2007 in Docket No. CR-07-1110. The State filed a

Notice of Joinder in Docket No. CR-08-590 on March 5, 2008. Defendant objects to

joinder of the cases involving different victims and asks for reconsideration of the

January 4,2008 Order of Joinder entered in the earlier cases.

In the January 4, 2008 Order of Joinder the court found a great number of

similarities that created a pattern sufficient to support joinder. The State argues that

nothing has changed and all of the same arguments are being made. True, prejudice was

fl _ _ . I _ I -. raised by defendant's prior attorney. However, the defendant has argued more

specifically in his motion for reconsideration.

To support his first argument, defendant cites 1 Cluchey and Seitzinger, Maine

Criminal Practice, § 8.10, at III-67 (1992), for the proposition that when joinder occurs

"solely on the basis that they are all ofthe same or similar character, the advantages

secured by joinder are not at all clear and it has been suggested that when that is the basis

of joinder, a defendant should be entitled to severance as a matter of right." Defendant

argues because of the number of charges l , there is a risk that the jury would convict him

because he is a "bad man" for which there is no curative instruction. Defendant also

argues that there is a serious and substantial risk that the jury would improperly attribute

evidence on one ofthe charges to the other charges involving a different victim. Having

reconsidered the facts 2 in these cases, the court agrees with some of defendant's

contentions.

For example, the case involving Rhonda Crocker may be the strongest case with

substantial physical and corroborating evidence. Ms. Crocker alleges that the defendant

sexually assaulted her on April 15, 2007 after first approaching her on Preble Street, then

taking her to dinner to Old Country Buffet, shopping at Wal-Mart, driving her around and

I Lapomarda is charged as follows:

CR-07-111 0, Counts I and 2, Gross Sexual Assault of Rhoda Crocker on April 15,2007; CR-07-1199, Count I, Tampering with a Victim, Rhonda Crocker, on May 9, 2007, Count 2, Violating a Condition of Release on May 9, 2007; CR-07-1846, Count I, Gross Sexual Assault of Rose LeBarr on April 22, 2002, Count 2, Unlawful Sexual Contact of Rhea Zecchino on January 6, 2007, Count 3, Harassment by Telephone of Rhea Zecchino on January 21, 2007, Count 4, Theft of house keys from Rhea Zecchino on January 21, 2007; CR-07-2162, Count I, Aggravated Assault of Charlene Rideout on July 27, 2005; CR-08-590, Count I, Gross Sexual Assault of Rose LeBarr on April 22, 2002, Counts 2 and 3, Gross Sexual Assault of Rhonda Crocket on April IS, 2007. 2 For the purposes of this motion the facts were not contested.

2 going back to his house because it was, according to defendant, now too late to return her

to the shelter which would be closed. Defendant offered Ms. Crocker his bedroom and

later he entered the bedroom without knocking or obtaining her consent. While she

pretended to be asleep, he attempted to sexually assault her. When Ms. Crocker resisted,

defendant grabbed her arm, injected a needle into it, told her to stop resisting and

sexually assaulted her. Defendant told her he "owned" the Portland Police, and when she

asked him to call a cab, he told her he had. Ms. Crocker stayed there until 6:30 p.m. the

next day when she finally went to his next-door neighbors and asked them to assist her in

calling a cab. Ms. Crocker then went to the Hospital and subsequently reported the crime

to the police. Ms. Crocker also alleges that she received repeated phone calls from the

defendant within days after the assault. In her case, there is DNA evidence, medical

documentation of an assault, a photo identification, corroborating witnesses, a videotape

of the defendant with his victim at Wal-Mart on the night of the assault and phone

records.

In the case involving Rose LeBarr, there are far fewer similarities and no physical

or corroborating evidence, hence increasing the likelihood of a verdict based on

propensity evidence. She alleges that on April 22, 2002, the defendant called her over to

his car on High Street, took her to Denny's for dinner and then took her back to his place

after asking her for advice on how to redecorate his house. While at defendant's home,

Ms. LeBarr used the bathroom. When she came out of the bathroom, the defendant was

undressed from the waist down. She rebuffed this advance, but agreed to stay there that

night because she did not know where she was in Portland. Ms. LeBarr alleges that

shortly after she went to bed, the defendant entered the bedroom without knocking or

3 asking permission and sexually assaulter her. Although she saw several phones in

defendant's home, she did not call 911 because she saw they were wired strangely and

thought defendant might be monitoring them. The defendant eventually drove her home.

Ultimately, she reported the crime to the police, but there is no physical evidence and the

initial charge was dismissed for insufficient evidence of compulsion. Even though no

new evidence has been found and the crimes occurred 5 years apart, with joinder the

State will be permitted to go forward in her case, joined with a case that presents a similar

fact pattern but with greater physical evidence.

Defendant argues that this same analysis may be made to the charges involving

Charlene Rideout, where the original complaint was dismissed due to lack of credibility

of the victim's account, but will now be presented with a case with a similar factual

pattern but with greater evidence. Ms. Rideout alleges that she also met the a man on

Congress Street and they were to go to a bar but that on the way, the man suggested that

they go to his house because he had whiskey there and it would be cheaper than going to

a bar. So, on July 27, 2005, a man named "Tony" and she were drinking at his house and

she asked to stay at his house for a couple of days. The defendant propositioned her for

sex but he did not want to pay for it. The man emerged from his bedroom with boxer

shorts on and his genitals protruding. She rebuffed his advance. According to the Police

Report, she was confused while speaking with the police, indicating that she was being

chased by witches and could not give a description of "Tony". Ms. Rideout first alleged

he grabbed her ankle and broke her foot; yet, she alleged two years later that after "Tony"

exposed his genitals to her, she wanted to leave but he hit her ankle with a baseball bat.

At this time, she was also able to identify defendant from a photo lineup as the man she

4 knew as "Tony". In the earlier investigation, the police focused on her boyfriend,

Anthony Hawkins, with whom she had a history of domestic violence. However, after

the initial report, she refused to cooperate and the case was inactivated for two years until

she was reinterviewed and told the police the different story. Even though no new

physical evidence has been found and the crimes occurred 2 years apart, with joinder the

State will be permitted to go forward in her case, joined with a case that presents a similar

The case involving Rhea lecchino is far closer in plan to the case involving

Rhonda Crocker. Ms. lecchino alleges that on January 6, 2007, the defendant

approached her on Portland Street, took her to Old County Buffet and after she was

unable to locate her keys and at defendant's suggestion, she went back to stay with

defendant at his house because she had been locked out of her house. At defendant's

suggestion, she went to sleep in defendant's bedroom although he would not let her take

her dog with her into the bedroom. She alleges that at 4:30 a.m., when she was asleep, the

defendant entered the bedroom, without knocking or asking permission, and touched her

vagina with his hand but did not penetrate her because she jumped out of bed as soon as

this occurred. She threatened to call the cops and the defendant then left her alone. She

called a friend who later picked her up. Ms. lecchino alleges the defendant called her on

January 21, 2007 and told her he was outside her home watching her. She called the

police who responded and found defendant outside her house with Ms. lecchino's house

keys in defendant's pant pocket. Ms. lecchino provided the police with a copy of

messages left by the defendant on her answering machine.

5 In short, the prejudice to defendant, the defendant argues, is that a victim has

come forward with a more credible account with physical evidence, making the older,

less credible cases suddenly more credible solely because of some similarities in the

cases. Defendant also argues that prejudice will occur because the defendant will have to

testify as to all or none, violating his 5th Amendment Rights, even though he may wish to

testify in some charges but not on others.

The court agrees with much of defendant's analysis. On reconsideration, the

court concludes that there is a great likelihood that a jury will use the physical evidence

obtained in the Rhonda Crocker and the Rhea Zecchino cases to convict defendant of the

other charges where there is no physical evidence, but some similarities in the plan or

scheme. It will be difficult for the jury to separate the evidence and use the evidence only

in permissible ways with respect to each victim. The defendant does not object to the

joinder of charges involving the same victim.

Accordingly, CR-07-111O and CR-07-1199, Counts II, III and IV in CR-07-1846

and Counts II and III in CR-08-590 may be joined together. Defendant met these two

victims on the street in 2007, took each to Old Country Buffet before taking each to his

home, used or engineered excuses for not taking them to their homes, offered his

bedroom to each, entered the bedroom without knocking or asking permission, sexually

assaulted or attempted to sexually assault each while sleeping, interfered with each

victim's ability to call the police by scaring them so they remained in his house for

several hours, and telephoned his victims after the sexual assaults. The other cases will

be tried separately. Although there are some similarities in the other cases, the

similarities are far fewer and occurred in a different time period. There also is no

6 physical evidence in these other cases and thus a greater risk that the jury would

improperly attribute evidence on one of the charges to the other charges involving a

different victim. Joining all the cases together would emphasize the propensity aspect of

this evidence and deprive defendant of the opportunity to exercise his Fifth Amendment

Rights.

1. CR-07-1110 and CR-07-1199, Counts II, III and IV in CR-07-1846,

Counts II and III in CR-08-590 are hereby joined but with no other cases involving other

victims;

2. Count I in CR-07-1846 and Count I in CR-08-590 are hereby joined with

each other but with no cases involving different victims; and

3. CR-07-2162 shall be tried separately.

June 2, 2009 J,oyc)A. Wheeler, Justice --,'

7 STATE OF MAINE SUPERIOR COURT vs CUMBERLAND, ss. FRANK LAPOMARDA Docket No PORSC-CR-2007-01110 6 HOMESTEAD AVE PORTLAND ME 04101 DOCKET RECORD

DOB: 12/12/1941 Attorney: CLIFFORD STRIKE State's Attorney: STEPHANIE ANDERSON STRIKE GOODWIN & O'BRIEN 400 ALLEN AVENUE PORTLAND ME 04103 RETAINED 07/07/2008

Filing Document: CRIMINAL COMPLAINT Major Case Type: FELONY (CLASS A,B,C) Filing Date: 04/30/2007

Charge(s}

1 GROSS SEXUAL ASSAULT 04/15/2007 PORTLAND Seq 4262 17-A 253(1} (A) Class A BAILEY / POR

2 GROSS SEXUAL ASSAULT 04/15/2007 PORTLAND Seq 4262 17-A 253 (I) (A) Class A Charged with INDICTMENT on Supplem

Docket Events:

04/30/2007 FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON 04/30/2007

04/30/2007 WARRANT - ON COMP/INDICTMENT ISSUED ON 04/30/2007

CERTIFIED COPY TO WARRANT REPOSITORY RS 05/04/2007 BAIL BOND - $2,000.00 CASH BAIL BOND FILED ON 05/04/2007

Bail Receipt Type: CR Bail Amt: $2,000 Receipt Type: CK Date Bailed: 05/01/2007 Prvdr Name: FRANK LAPOMARDA Rtrn Name: FRANK LAPOMARDA SEE CONDITIONS AN APPLY CASH BAIL TO ATTORNEY FEES AND THE REMAINDER TO CR07-1846 ATTY FEES. ST 05/04/2007 WARRANT - ON COMP/INDICTMENT EXECUTED ON 05/01/2007 JAMIE MILLER, ASSISTANT CLERK-E 05/04/2007 Charge (s): 1 HEARING - INITIAL APPEARANCE SCHEDULED FOR OS/22/2007 @ 11:00

NOTICE TO PARTIES/COUNSEL 05/09/2007 WARRANT - ON COMP/INDICTMENT RETURNED ON 05/09/2007 JAMIE MILLER, ASSISTANT CLERK-E OS/22/2007 Charge(s): 1 HEARING - INITIAL APPEARANCE HELD ON OS/21/2007 WILLIAM BRODRICK, JUSTICE DA: JULIA SHERIDAN Reporter: TIMOTHY THOMPSON Defendant Present in Court Page 1 of 7 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-01110 DOCKET RECORD NEW BAIL SET. DEFENDANT REMANDED. RS OS/22/2007 BAIL BOND - $25,000.00 SURETY BAIL BOND SET BY COURT ON OS/21/2007 WILLIAM BRODRICK, JUSTICE OR $10,000 CASH WITH CONDITIONS. RS OS/22/2007 BAIL BOND - SURETY BAIL BOND COND RELEASE ISSUED ON OS/21/2007 WILLIAM BRODRICK, JUSTICE OS/22/2007 HEARING - STATUS CONFERENCE SCHEDULED FOR 07/23/2007 @ 11:00

RS OS/22/2007 Charge(s): 1 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON OS/21/2007

OS/22/2007 Charge(s): 1 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON OS/21/2007 WILLIAM BRODRICK, JUSTICE COPY TO PARTIES/COUNSEL CASH BAIL TO BE APPLIED TO ATTY FEES 01/17/2008:REQUEST SENT TO CCJ TO HAVE FUNDS TAKEN FROM DEFENDANT'S COMMISARY ACCOUNT TO GO TOWARDS ATTY FEES AND FINES; DE OS/22/2007 Party(s): FRANK LAPOMARDA ATTORNEY - APPOINTED ORDERED ON OS/21/2007

Attorney: VERNE PARADIE 06/07/2007 Charge (s): 1, 2 SUPPLEMENTAL FILING - INDICTMENT FILED ON 06/07/2007

RS 06/07/2007 HEARING - STATUS CONFERENCE NOT HELD ON 06/07/2007

DEFENDANT INDICTED. RS 06/07/2007 Charge(s): 1,2 HEARING - ARRAIGNMENT SCHEDULED FOR 06/19/2007 @ 8:30

RS 06/07/2007 Charge(s): 1,2 HEARING - ARRAIGNMENT NOTICE SENT ON 06/07/2007

RS 06/20/2007 Charge(s): 1,2 HEARING - ARRAIGNMENT HELD ON 06/19/2007 JOYCE A WHEELER , JUSTICE DA: MEGIN ELAM Defendant Present in Court

READING WAIVED. DEFENDANT INFORMED OF CHARGES. COpy OF INDICTMENT/INFORMATION GIVEN TO DEFENDANT. 21 DAYS TO FILE MOTIONS. ATTY FERRUCCI STANDING IN. TAPE #2711. NEW BAIL SET. DEFENDANT REMANDED. RS 06/20/2007 Charge(s): 1,2 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 06/19/2007

06/20/2007 BAIL BOND - NO BAIL ALLOWED SET BY COURT ON 06/19/2007 JOYCE A WHEELER , JUSTICE RS Page 2 of 7 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-01110 DOCKET RECORD 06/20/2007 BAIL BOND - NO BAIL ALLOWED COND RELEASE ISSUED ON 06/19/2007 JOYCE A WHEELER , JUSTICE 06/20/2007 MOTION - MOTION TO REVOKE BAIL FILED BY STATE ON 06/19/2007

06/20/2007 MOTION - MOTION TO REVOKE BAIL GRANTED ON 06/19/2007 JOYCE A WHEELER , JUSTICE COPY TO PARTIES/COUNSEL HELD WITH OUT BAIL PENDING HEARING ON 6/26 @ 8:30. RS 06/27/2007 HEARING - MOTION TO REVOKE BAIL HELD ON 06/26/2007 JOYCE A WHEELER , JUDGE Attorney: DAVID FERRUCCI DA: MEGIN ELAM Reporter: PEGGY STOCKFORD Defendant Present in Court

MOTION GRANTED. HOLD W/O BAIL. DEFENDANT REMANDED. AKL 06/27/2007 ORDER - COURT ORDER ENTERED ON 06/26/2007 JOYCE A WHEELER , JUDGE RE:MOTION TO REVOKE BAIL AGREES TO MOTION, ISSUE OF FORFEITURE RESERVED FOR LATER DATE, HOLD W/O BAIL. SENT COpy TO PARTIES/COUNSEL 6/27/07 AKL AKL 06/27/2007 BAIL BOND - NO BAIL ALLOWED SET BY COURT ON 06/26/2007 JOYCE A WHEELER , JUDGE AKL 06/27/2007 BAIL BOND - NO BAIL ALLOWED COND RELEASE ISSUED ON 06/26/2007 JOYCE A WHEELER , JUDGE NO BAIL ALLOWED. WITH CONDITIONS, AKL 06/28/2007 MOTION - MOTION TO JOIN FILED BY STATE ON 06/14/2007

AKL AMENDED MOTION FILED ON 12/20/07 WITH MEMO OF LAW - TSK 07/24/2007 Party(s): FRANK LAPOMARDA ATTORNEY - REMOVAL ORDERED ON 07/23/2007

Attorney: VERNE PARADIE 07/24/2007 Party(s) : FRANK LAPOMARDA ATTORNEY - APPOINTED ORDERED ON 07/23/2007

Attorney: JON GALE 09/28/2007 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 09/25/2007

CONDITIONS OF RELEASE MRP 09/28/2007 HEARING - MOTION TO AMEND BAIL SCHEDULED FOR 10/23/2007 @ 8:30 in Room No. 7

NOTICE TO PARTIES/COUNSEL 09/28/2007 HEARING - MOTION TO AMEND BAIL NOTICE SENT ON 09/28/2007

10/01/2007 Charge(s): 1,2 TRIAL - DOCKET CALL SCHEDULED FOR 11/05/2007 @ 8:30 in Room No. 11 Page 3 of 7 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-01110 DOCKET RECORD ROLAND A COLE , JUSTICE 10/01/2007 Charge(s): 1,2 TRIAL - DOCKET CALL NOTICE SENT ON 10/01/2007

JOANN HEBERT 11/02/2007 HEARING - MOTION TO AMEND BAIL HELD ON 10/23/2007 WILLIAM BRODRICK, JUSTICE Attorney: JON GALE DA: MEGIN ELAM Reporter: TIMOTHY THOMPSON Defendant Present in Court

MOTION TO AMEND BAIL: DENIED. DEFENDANT REMANDED. MRP 11/02/2007 BAIL BOND - NO BAIL ALLOWED SET BY COURT ON 10/23/2007 WILLIAM BRODRICK, JUSTICE 11/02/2007 BAIL BOND - NO BAIL ALLOWED COND RELEASE ISSUED ON 10/23/2007

11/06/2007 Charge(s): 1,2 TRIAL - DOCKET CALL CONTINUED ON 11/05/2007 ROLAND A COLE , JUSTICE Reporter: TAMMY DROUIN SET FOR HEARING 2 HOURS JAN TRIAL LIST MRP 11/06/2007 MOTION - OTHER MOTION FILED BY DEFENDANT ON 11/05/2007 MARIAH PURVES, ASSISTANT CLERK-E MOTION IN OPPOSITION TO STATE'S MOTION TO JOIN, MOTION TO SEVER MRP 11/13/2007 HEARING - MOTION TO JOIN PARTIES SCHEDULED FOR 11/27/2007 @ 1:00 in Room No. 7

NOTICE TO PARTIES/COUNSEL 2 HOURS MRP 11/13/2007 HEARING - MOTION TO JOIN PARTIES NOTICE SENT ON 11/13/2007

MRP 11/15/2007 HEARING - MOTION TO JOIN SCHEDULED FOR 01/04/2008 @ 8:30 in Room No. 8 JOYCE A WHEELER , JUSTICE 2 HOUR HEARING TSK 11/15/2007 HEARING - MOTION TO JOIN NOTICE SENT ON 11/15/2007 TRICIA KELLEY, ASSISTANT CLERK-E 2 HOUR 11/26/2007 HEARING - MOTION TO JOIN PARTIES NOT HELD ON 11/26/2007

12/05/2007 Charge(s): 1,2 TRIAL - DOCKET CALL SCHEDULED FOR 01/11/2008 @ 8:30 in Room No. 7 THOMAS D WARREN , JUSTICE 12/05/2007 Charge(s): 1,2 TRIAL - DOCKET CALL NOTICE SENT ON 12/05/2007

TLK 01/07/2008 MOTION - OTHER MOTION DENIED ON 01/04/2008 JOYCE A WHEELER , JUSTICE MOTION IN OPPOSITION TO STATE'S MOTION TO JOIN, MOTION TO SEVER - MRP DENIED - TSK Page 4 of 7 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-01110 DOCKET RECORD 01/07/2008 MOTION - MOTION TO JOIN GRANTED ON 01/04/2008 JOYCE A WHEELER , JUSTICE 01/07/2008 HEARING - MOTION TO JOIN HELD ON 01/04/2008 JOYCE A WHEELER , JUSTICE Attorney: JON GALE DA: MEGIN ELAM Reporter: TIMOTHY THOMPSON Defendant Present in Court

TSK 01/07/2008 TRIAL - DOCKET CALL SCHEDULED FOR 01/11/2008 @ 8:30 in Room No. 7 THOMAS D WARREN , JUSTICE MARKED HELD ON 1/11 IN ERROR - RESCHEDULED 1/7/08 IN MEJIS NOTICE SENT PREVIOUSLY ON 12/05/07 TSK 01/08/2008 TRIAL - DOCKET CALL NOT HELD ON 01/04/2007

MATTER CONTINUED TO FEB. TRIAL LIST. 02/12/2008 Charge(s): 1,2 TRIAL - DOCKET CALL SCHEDULED FOR 03/07/2008 @ 8:30 in Room No. 11

02/14/2008 Charge (s): 1,2 TRIAL - DOCKET CALL CONTINUED ON 02/14/2008

STAGE I PENDING 02/22/2008 PSYCHIATRIC EXAM - STAGE ONE EXAM ORDERED ON 02/19/2008 JOYCE A WHEELER , JUDGE 02/29/2008 LETTER - FROM NON-PARTY FILED ON 02/29/2008

LETTER FROM STATE FORENSICS INFORMING COURT OF EXAM ON 3/11/08 @ 8:300 TSK 04/15/2008 PSYCHIATRIC EXAM - STAGE ONE REPORT FILED ON 04/11/2008

MRP 07/02/2008 Charge (s): 1, 2 HEARING - STATUS CONFERENCE SCHEDULED FOR 08/05/2008 @ 1:00 in Room No. 7

MRP 07/02/2008 Charge (s) : 1,2 HEARING - STATUS CONFERENCE NOTICE SENT ON 07/02/2008

07/03/2008 Charge (s) : 1,2 HEARING - STATUS CONFERENCE NOT HELD ON 06/21/2008

07/03/2008 HEARING - STATUS CONFERENCE SCHEDULED FOR 08/05/2008 @ 8:30 in Room No. 7

07/08/2008 Party (s) : FRANK LAPOMARDA ATTORNEY - RETAINED ENTERED ON 07/07/2008

Attorney: CLIFFORD STRIKE 07/22/2008 PSYCHIATRIC EXAM - STAGE THREE REPORT FILED ON 07/17/2008

MRP 07/23/2008 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 07/14/2008

Page 5 of 7 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-01110 DOCKET RECORD Attorney: JON GALE TSK 07/24/2008 LETTER - FROM NON-PARTY FILED ON 07/16/2008

LETTER FROM STATE FORENSIC TO RIVERVIEW PSYCHIATRIC CENTER INDICATING THAT THE DEFENDANT IS DISCHARGED FROM RIVERVIEW.

MRP 07/24/2008 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 07/23/2008 THOMAS D WARREN , JUSTICE COPY TO PARTIES/COUNSEL TSK 07/24/2008 Party(s): FRANK LAPOMARDA ATTORNEY - WITHDRAWN ORDERED ON 07/23/2008

Attorney: JON GALE 08/06/2008 HEARING - STATUS CONFERENCE HELD ON 08/05/2008 WILLIAM BRODRICK, JUSTICE TAPE #2954 SET ON NOV TRIAL LIST 08/22/2008 TRIAL - DOCKET CALL SCHEDULED FOR 11/07/2008 @ 8:30 in Room No. 11

MRP 10/20/2008 TRIAL - DOCKET CALL NOTICE SENT ON 10/20/2008

JH 11/10/2008 TRIAL - DOCKET CALL HELD ON 11/07/2008

11/14/2008 PSYCHIATRIC EXAM - STAGE THREE EXAM ORDERED ON 11/13/2008 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE 12/05/2008 LETTER - FROM NON-PARTY FILED ON 12/04/2008

LETTER FROM RIVERVIEW RE: DEFENDANT BEING ADMITTED 11-25-08 @ 11:00 A.M. MRP 12/10/2008 LETTER - FROM NON-PARTY FILED ON 12/04/2008

LETTER FROM STATE FORENSIC INFORMING PARTIES THAT THE STAGE III IS SET FOR 12-15-08 @ 1:00 P.M. MRP 12/12/2008 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 03/04/2009 @ 8:30 in Room No. 7

MRP 12/12/2008 TRIAL - JURY TRIAL SCHEDULED FOR 04/06/2009 @ 8:30 in Room No. 11

NOTICE TO PARTIES/COUNSEL MRP 12/12/2008 TRIAL - JURY TRIAL NOTICE SENT ON 12/12/2008

12/12/2008 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 12/12/2008

01/02/2009 PSYCHIATRIC EXAM - STAGE THREE REPORT FILED ON 12/31/2008

MRP 02/03/2009 LETTER - FROM PARTY FILED ON 12/17/2008 Page 6 of 7 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-01110 DOCKET RECORD

LETTER FROM STATE FORENSIC TO RIVERVIEW 03/04/2009 HEARING - DISPOSITIONAL CONFERENCE HELD ON 03/04/2009 JOYCE A WHEELER , JUSTICE 03/04/2009 TRIAL - JURY TRIAL NOT HELD ON 03/04/2009

03/04/2009 PSYCHIATRIC EXAM - STAGE THREE EXAM ORDERED ON 03/04/2009 JOYCE A WHEELER , JUSTICE 03/04/2009 TRIAL - JURY TRIAL SCHEDULED FOR 06/15/2009 @ 8:30 in Room No. 11

NOTICE TO PARTIES/COUNSEL 03/04/2009 TRIAL - JURY TRIAL NOTICE SENT ON 03/04/2009

03/04/2009 ORDER - COURT ORDER ENTERED ON 03/04/2009 JOYCE A WHEELER , JUSTICE STAGE II ORDERED FOR COMMITMENT AND OBSERVATION, DEFENDANT HAS UNTIL MAR 30,09 TO FILE A MOTION FOR RECONSIDERATION OF ITS ORDER OF JOINDER DATED JAN 4, 08 AND ENTERED IN 07­ 1110,07-1199,07-1846 & 07-2126. THE STATE WILL HAVE 15 DAYS TO RESPOND TO THE DEF MOTION. 08-590 WAS FILED AFTER THE ORDER OF JOINDER. THE STATE FILED A NOTICE OF JOINDER IN THIS CASE AND THE COURT EXPECTS THAT THE DEF WILL FILE A MOTION FOR RELIEF FROM PREJUDICIAL JOINDER WITH RESPECT TO 08-590. MOTION HEARING SET 5-22 03/04/2009 HEARING - OTHER MOTION SCHEDULED FOR OS/22/2009 @ 8:30 in Room No. 7 JOYCE A WHEELER , JUSTICE RELIEF FROM JOINDER 03/05/2009 HEARING - OTHER MOTION NOTICE SENT ON 03/05/2009

RELIEF FROM JOINDER 03/31/2009 MOTION - MOTION RELIEF PREJUDICIAL JOIN FILED BY DEFENDANT ON 03/31/2009

OS/21/2009 HEARING - OTHER MOTION CONTINUED ON OS/21/2009

RELIEF FROM JOINDER OS/22/2009 HEARING - OTHER HEARING SCHEDULED FOR 06/01/2009 @ 9:00 in Room No. 8 JOYCE A WHEELER , JUSTICE NOTICE TO PARTIES/COUNSEL MOTION FOR RELIEF OF JOINDER OS/22/2009 HEARING - OTHER HEARING NOTICE SENT ON OS/22/2009

06/03/2009 HEARING - OTHER HEARING HELD ON 06/01/2009

06/03/2009 ORDER - COURT ORDER FILED ON 06/02/2009 JOYCE A WHEELER , JUSTICE ORDER ON RECONSIDERATION OF JOINDER: CR 07-1110 AND CR 07-1199, COUNTS II, III & IV IN CR 07-1846, COUNTS 11 & 111 IN CR 08-590 ARE HERBY JOINED BUT WITH NO OTHER CASES INVOLVING OTHER VICTIMS; COUNT I IN CR 07-1846 & CT 1 IN CR 08-590 ARE HERBY JOINED WITH EACH OTHER BUT WITH NO OTHER CASES INVOLVING DIFFERENT VICTIMS; AND CR 07-2162 SHALL BE TRIED SEPERATELY,

A TRUE COPY' ATTEST: Clerk

Page 7 of 7 Printed on: 06/04/2009 STATE OF MAINE SUPERIOR COURT vs CUMBERLAND, ss. FRANK LAPOMARDA Docket No PORSC-CR-2007-01199 6 HOMESTEAD AVE PORTLAND ME 04101 DOCKET RECORD

DOB: 12/12/1941 Attorney: CLIFFORD STRIKE State's Attorney: STEPHANIE ANDERSON STRIKE GOODWIN & O'BRIEN 400 ALLEN AVENUE PORTLAND ME 04103 RETAINED 07/08/2008

Filing Document: CRIMINAL COMPLAINT Major Case Type: FELONY (CLASS A,B,C) Filing Date: 05/11/2007

Charge{s}

1 TAMPERING WITH WITNESS, INFORMANT, JUROR 05/09/2007 PORTLAND OR VICTIM Seq 8495 17-A 454 {l-B} {A} {2} Class B BAILEY / POR

2 VIOLATING CONDITION OF RELEASE 05/09/2007 PORTLAND Seq 9633 15 1092 {I} {B} Class C BAILEY / POR

05/11/2007 FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON 05/11/2007

05/11/2007 Charge (s): 1,2 HEARING - INITIAL APPEARANCE SCHEDULED FOR 05/11/2007 @ 1:00 in Room No. 1

NOTICE TO PARTIES/COUNSEL 968 05/16/2007 Charge(s): 1,2 HEARING - INITIAL APPEARANCE HELD ON 05/14/2007 WILLIAM BRODRICK, JUSTICE BAIL SET. RS 05/16/2007 BAIL BOND - $100,000.00 SURETY BAIL BOND SET BY COURT ON 05/14/2007 WILLIAM BRODRICK, JUSTICE OR $50,000 CASH AND MPTS WITH CONDITIONS. RS 05/16/2007 HEARING - STATUS CONFERENCE SCHEDULED FOR 07/25/2007 @ 8:30

05/17/2007 Charge(s): 1,2 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 05/14/2007

05/17/2007 Charge(s): 1,2 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 05/14/2007 WILLIAM BRODRICK, JUSTICE COpy TO PARTIES/COUNSEL 05/17/2007 party(s): FRANK LAPOMARDA ATTORNEY - APPOINTED ORDERED ON 05/14/2007

Page 1 of 7 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-01199 DOCKET RECORD Attorney: DAVID FERRUCCI 06/06/2007 OTHER FILING - PRETRIAL SERVICES CONTRACT FILED ON 06/04/2007 DARCEY EMERY, ASSISTANT CLERK SIGNED BY DEFENDANT 06/04/2007 06/07/2007 Charge(s): 1,2 SUPPLEMENTAL FILING - INDICTMENT FILED ON 06/07/2007

RS 06/07/2007 HEARING - STATUS CONFERENCE NOT HELD ON 06/07/2007

DEFENDANT INDICTED RS 06/07/2007 Charge(s): 1,2 HEARING - ARRAIGNMENT SCHEDULED FOR 06/19/2007 @ 8:30

RS 06/07/2007 Charge(s): 1,2 HEARING - ARRAIGNMENT NOTICE SENT ON 06/07/2007

RS 06/20/2007 Charge(s): 1,2 HEARING - ARRAIGNMENT HELD ON 06/19/2007 JOYCE A WHEELER , JUSTICE Attorney: DAVID FERRUCCI DA: MEGIN ELAM Defendant Present in Court

READING WAIVED. DEFENDANT INFORMED OF CHARGES. COpy OF INDICTMENT/INFORMATION GIVEN TO DEFENDANT. 30 DAYS TO FILE MOTIONS. SAME BAIL CONTINUED. DEFENDANT REMANDED. RS 06/20/2007 Charge(s): 1,2 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 06/19/2007

06/20/2007 BAIL BOND - $100,000.00 SURETY BAIL BOND CONTINUED AS SET ON 06/19/2007 JOYCE A WHEELER , JUSTICE OR $50,000 CASH WITH MPTS AND CONDITIONS. RS 06/20/2007 BAIL BOND - SURETY BAIL BOND COND RELEASE ISSUED ON 06/19/2007 JOYCE A WHEELER , JUSTICE RS 06/26/2007 MOTION - OTHER MOTION FILED BY DEFENDANT ON 06/19/2007

MOTION FOR RELIEF FROM PREJUDICIAL JOINDER MRP 06/27/2007 HEARING - BAIL HEARING HELD ON 06/26/2007 JOYCE A WHEELER , JUDGE Reporter: PEGGY STOCKFORD Defendant Present in Court

ATTY. FERRUCCI STANDING IN. BAIL CONTINUED, DEFENDANT REMANDED. MRP 06/27/2007 BAIL BOND - $100,000.00 SURETY BAIL BOND CONTINUED AS SET ON 06/26/2007 JOYCE A WHEELER , JUDGE OR $50,000.00 CASH WITH MPTS CONTRACT WITH NO CONTACT WITH RHONDA CROCKER. MRP page 2 of 7 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-01199 DOCKET RECORD 06/27/2007 BAIL BOND - SURETY BAIL BOND COND RELEASE ISSUED ON 06/26/2007

06/28/2007 MOTION - MOTION TO JOIN FILED BY STATE ON 06/14/2007

MOTION FOR JOINDER - AKL AMENDED MOTOIN FOR JOINDER FILED 12/20/2007 WITH MOME OF LAW - TSK 09/28/2007 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 09/25/2007

CONDITIONS OF RELEASE

MRP 09/28/2007 HEARING - MOTION TO AMEND BAIL SCHEDULED FOR 10/23/2007 @ 8:30 in Room No. 7

NOTICE TO PARTIES/COUNSEL 09/28/2007 HEARING - MOTION TO AMEND BAIL NOTICE SENT ON 09/28/2007

MRP 10/01/2007 Party(s): FRANK LAPOMARDA ATTORNEY - RETAINED ENTERED ON 09/25/2007

Attorney: JON GALE 10/01/2007 Charge(s): 1,2 TRIAL - DOCKET CALL SCHEDULED FOR 11/05/2007 @ 8:30 in Room No. 11 ROLAND A COLE , JUSTICE 10/01/2007 Charge(s): 1,2 TRIAL - DOCKET CALL NOTICE SENT ON 10/01/2007

JOANN HEBERT 11/02/2007 HEARING - MOTION TO AMEND BAIL HELD ON 10/23/2007 WILLIAM BRODRICK JUSTICE Attorney: JON GALE DA: MEGIN ELAM Reporter: TIMOTHY THOMPSON Defendant Present in Court

DEFENDANT REMANDED, SAME BAIL CONTINUED. MOTION TO AMEND BAIL: DENIED. MRP 11/02/2007 MOTION - MOTION TO AMEND BAIL DENIED ON 10/23/2007 WILLIAM BRODRICK, JUSTICE COPY TO PARTIES/COUNSEL 11/06/2007 Party(s): FRANK LAPOMARDA ATTORNEY - WITHDRAWN ORDERED ON 11/05/2007

Attorney: DAVID FERRUCCI 11/06/2007 MOTION - OTHER MOTION FILED BY DEFENDANT ON 11/05/2007

MOTION IN OPPOSITION TO STATE'S MOTION TO JOIN, MOTION TO SEVER MRP 11/06/2007 Charge(s): 1,2 TRIAL - DOCKET CALL CONTINUED ON 11/05/2007

SET MOTION FOR HEARING 2 HOURS JAN TRIAL LIST

Page 3 of 7 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-01199 DOCKET RECORD MRP 11/15/2007 HEARING - MOTION TO JOIN SCHEDULED FOR 01/04/2008 @ 8:30 in Room No. 8 JOYCE A WHEELER , JUSTICE 2 HOUR HEARING TSK 11/15/2007 HEARING - MOTION TO JOIN NOTICE SENT ON 11/15/2007 TRICIA KELLEY, ASSISTANT CLERK-E 2 HOUR 12/05/2007 Charge(s): 1,2 TRIAL - DOCKET CALL SCHEDULED FOR 01/11/2008 @ 8:30 in Room No. 11 THOMAS D WARREN , JUSTICE 12/05/2007 Charge(s): 1,2 TRIAL - DOCKET CALL NOTICE SENT ON 12/05/2007

TLK 01/07/2008 HEARING - MOTION TO JOIN HELD ON 01/04/2008 JOYCE A WHEELER , JUSTICE Attorney: JON GALE DA: MEGIN ELAM Reporter: TIMOTHY THOMPSON Defendant Present in Court

TSK 01/07/2008 MOTION - OTHER MOTION DENIED ON 01/04/2008 JOYCE A WHEELER , JUSTICE MOTION IN OPPOSITION TO STATE'S MOTION TO JOIN, MOTION TO SEVER - MRP MOTION DENIED - TSK 01/07/2008 MOTION - MOTION TO JOIN GRANTED ON 01/04/2008 JOYCE A WHEELER , JUSTICE TSK 01/08/2008 Charge(s): 1,2 TRIAL - DOCKET CALL NOT HELD ON 01/08/2008

CONT'D TO FEB/MAR. TRIAL LIST 02/12/2008 Charge(s): 1,2 TRIAL - DOCKET CALL SCHEDULED FOR 03/07/2008 @ 8:30 in Room No. 11

02/14/2008 Charge(s): 1,2 TRIAL - DOCKET CALL CONTINUED ON 02/14/2008

STAGE I PENDING 02/22/2008 PSYCHIATRIC EXAM - STAGE ONE EXAM ORDERED ON 02/19/2008 JOYCE A WHEELER • JUDGE 02/29/2008 LETTER - FROM NON-PARTY FILED ON 02/29/2008

LETTER FROM STATE FORENSICS INFORMING COURT OF EXAM ON 3/11/08 @ 8:30 TSK 04/15/2008 PSYCHIATRIC EXAM - STAGE ONE REPORT FILED ON 04/11/2008

MRP 07/02/2008 PSYCHIATRIC EXAM - STAGE TWO EXAM ORDERED ON 05/15/2008 WILLIAM BRODRICK. JUSTICE 07/02/2008 Charge(s): 1,2 HEARING - STATUS CONFERENCE SCHEDULED FOR 08/05/2008 @ 8:30 in Room No. 7

Page 4 of 7 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-01199 DOCKET RECORD MRP 07/02/2008 Charge(s): 1,2 HEARING - STATUS CONFERENCE NOTICE SENT ON 07/02/2008

07/08/2008 Party(s): FRANK LAPOMARDA ATTORNEY - RETAINED ENTERED ON 07/08/2008

Attorney: CLIFFORD STRIKE 07/08/2008 Party(s): FRANK LAPOMARDA ATTORNEY - APPOINTED ORDERED ON 07/07/2008

Attorney: JON GALE 07/22/2008 PSYCHIATRIC EXAM - STAGE THREE REPORT FILED ON 07/17/2008

MRP 07/23/2008 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 07/14/2008

Attorney: JON GALE TSK 07/24/2008 LETTER - FROM NON-PARTY FILED ON 07/16/2008

LETTER FROM STATE FORENSIC TO RIVERVIEW PSYCHIATRIC CENTER INDICATING THAT THE DEFENDANT IS DISCHARGED. MRP 07/24/2008 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 07/23/2008 THOMAS D WARREN , JUSTICE COPY TO PARTIES/COUNSEL TSK 07/24/2008 Party(s): FRANK LAPOMARDA ATTORNEY - WITHDRAWN ORDERED ON 07/23/2008

Attorney: JON GALE 08/06/2008 Charge(s): 1,2 HEARING - STATUS CONFERENCE HELD ON 08/05/2008 WILLIAM BRODRICK, JUSTICE TAPE #2954; SET ON NOV TRIAL LIST TSK 08/22/2008 TRIAL - DOCKET CALL SCHEDULED FOR 11/07/2008 @ 8:30 in Room No. 11

JH 11/10/2008 PSYCHIATRIC EXAM - STAGE THREE EXAM ORDERED ON 11/07/2008 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE 11/10/2008 TRIAL - DOCKET CALL HELD ON 11/07/2008

12/10/2008 LETTER - FROM NON-PARTY FILED ON 12/04/2008

LETTER FROM STATE FORENSIC INFORMING PARTIES THAT THE STAGE III IS SET FOR 12-15-08 @ 1:00 P.M. MRP 12/18/2008 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 03/04/2009 @ 8:30 in Room No. 7

MRP Page 5 of 7 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-01199 DOCKET RECORD 12/18/2008 TRIAL - JURY TRIAL SCHEDULED FOR 04/06/2009 @ 8:30 in Room No. 11

NOTICE TO PARTIES/COUNSEL MRP 01/02/2009 PSYCHIATRIC EXAM - STAGE THREE REPORT FILED ON 12/31/2008

02/03/2009 LETTER - FROM PARTY FILED ON 12/17/2008

LETTER FROM STATE FORENSIC TO RIVERVIEW 03/04/2009 HEARING - DISPOSITIONAL CONFERENCE HELD ON 03/04/2009 JOYCE A WHEELER , JUSTICE 03/04/2009 TRIAL - JURY TRIAL NOT HELD ON 03/04/2009

03/04/2009 PSYCHIATRIC EXAM - STAGE THREE EXAM ORDERED ON 03/04/2009 JOYCE A WHEELER , JUSTICE 03/04/2009 TRIAL - JURY TRIAL SCHEDULED FOR 06/15/2009 @ 8:30 in Room No. 11

NOTICE TO PARTIES/COUNSEL 03/04/2009 TRIAL - JURY TRIAL NOTICE SENT ON 03/04/2009

03/04/2009 HEARING - OTHER MOTION SCHEDULED FOR OS/22/2009 @ 8:30 in Room No. 7 JOYCE A WHEELER , JUSTICE RELIEF FROM JOINDER 03/04/2009 ORDER - COURT ORDER FILED ON 03/04/2009 JOYCE A WHEELER , JUSTICE STAGE III ORDERED, DEF HAS UNTIL MAR 30,09 TO FILE A MOTION FOR RECONSIDERATION OF ITS ORDER OF JOINDER DATED JAN 04, 2008 & ENTERED IN 07-1110, 07-1199, 07-1846 & 07-2126. THE STATE WILL HAVE 15 DAYS TO RESPOND TO THE DEF'S MOTION. 08-590 WAS FILED AFTER THE ORDER OF JOINDER. THE STATE FILED A NOTICE OF JOINDER IN THIS CASE AND THE COURT EXPECTS THAT THE DEFENDANT WILL FILE A MOTION FOR RELIEF FROM PREJUDICAL JOINDER WITH RESPECT TO 08­ 590. MOTION HEARING SET 5-22-09 @ 8:30 AM J WHEELER 03/05/2009 HEARING - OTHER MOTION NOTICE SENT ON 03/05/2009

RELIEF FROM JOINDER 03/31/2009 MOTION - MOTION RELIEF PREJUDICIAL JOIN FILED BY DEFENDANT ON 03/31/2009

RELIEF FROM JOINDER OS/22/2009 HEARING - OTHER HEARING SCHEDULED FOR 06/01/2009 @ 9:00 in Room No. 8 JOYCE A WHEELER , JUSTICE NOTICE TO PARTIES/COUNSEL MOTION FOR RELIEF OF JOINDER 06/04/2009 HEARING - OTHER HEARING HELD ON 06/01/2009 JOYCE A WHEELER , JUSTICE 06/04/2009 ORDER - COURT ORDER FILED ON 06/02/2009 JOYCE A WHEELER , JUSTICE ORDER ON RECONSIDERATION OF JOINDER THE ENTRY IS: CR-07-1110 & CR-07-1199, COUNTS II & III & IV IN CR-07-1846, COUNTS II & III IN CR-08-590 ARE HERBY JOINED BUT WITH NO OTHER CASES INVOLVING OTHER VICTIMS; COUNT I IN CR-07-1846 & COUNT I IN CR-08-590 ARE HERBY JOINED WITH EACH OTHER BUT WITH NO CASES INVOLVING DIFFERENT VICTIMS,; AND CR-07-2162 SHALL BE TRIED SEPERATELY.

Page 6 of 7 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-01199 DOCKET RECORD

A TRUE COpy ATTEST: Clerk

page 7 of 7 Printed on: 06/04/2009 STATE OF MAINE ,I.... i, SUPERIOR COURT vs CUMBERLAND, ss. FRANK LAPOMARDA Docket No PORSC-CR-2007-01846 6 HOMESTEAD AVE PORTLAND ME 04101 DOCKET RECORD

DOB: 12/12/1941 Attorney: CLIFFORD STRIKE State's Attorney: MEG IN ELAM STRIKE GOODWIN & O'BRIEN 400 ALLEN AVENUE PORTLAND ME 04103 RETAINED 07/07/2008

Filing Document: INDICTMENT Major Case Type: FELONY (CLASS A,B,C) Filing Date: 07/06/2007

Charge(s)

1 GROSS SEXUAL ASSAULT 04/22/2002 PORTLAND Seq 4262 17-A 253 (1) (A) Class A BAILEY / POR

2 UNLAWFUL SEXUAL CONTACT 04/22/2002 PORTLAND Seq 4747 17-A 255 (1) (A) Class D BAILEY / POR

3 HARASSMENT BY TELEPHONE 04/22/2002 PORTLAND Seq 716 17-A 506 (1) (B) Class E BAILEY / POR

4 THEFT BY UNAUTHORIZED TAKING OR TRANSFER 04/22/2002 PORTLAND Seq 8315 17-A 353(1) Class E BAILEY / POR

07/09/2007 FILING DOCUMENT - INDICTMENT FILED ON 07/06/2007

TRANSFER - BAIL AND PLEADING GRANTED ON 07/06/2007

TRANSFER - BAIL AND PLEADING REQUESTED ON 07/06/2007

07/16/2007 Party(s) : FRANK LAPOMARDA ATTORNEY - APPOINTED ORDERED ON OS/21/2007

Attorney: VERNE PARADIE 07/16/2007 Party(s) : FRANK LAPOMARDA ATTORNEY - PARTIALLY INDIGENT ORDERED ON OS/21/2007

Attorney: VERNE PARADIE 07/16/2007 Charge(s): 1,2,3,4 HEARING - ARRAIGNMENT SCHEDULED FOR 07/23/2007 @ 8:30

07/16/2007 Charge (s) : 1,2,3,4 HEARING - ARRAIGNMENT NOTICE SENT ON 07/16/2007 Page 1 of 6 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-01846 DOCKET RECORD STEPHANIE TARANTINO, ASSISTANT CLERK 07/24/2007 Charge(s): 1,2,3,4 HEARING - ARRAIGNMENT HELD ON 07/23/2007 WILLIAM BRODRICK, JUSTICE Attorney: JON GALE DA: LEA-ANNE SUTTON Reporter: TAMMY DROUIN Defendant Present in Court

READING WAIVED. DEFENDANT INFORMED OF CHARGES. COPY OF INDICTMENT/INFORMATION GIVEN TO DEFENDANT. 45 DAYS TO FILE MOTIONS. ATTY PARADIE REMOVED FROM ALL CASES. J. GALE APPOINTED IN HIS PLACE. NEW BAIL SET. DEFENDANT REMANDED. RS 07/24/2007 Charge(s): 1,2,3,4 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 07/23/2007

07/24/2007 BAIL BOND - $100,000.00 SURETY BAIL BOND SET BY COURT ON 07/23/2007 WILLIAM BRODRICK, JUSTICE OR $50,000 CASH WITH CONDITIONS. RS 07/24/2007 BAIL BOND - SURETY BAIL BOND COND RELEASE ISSUED ON 07/23/2007 WILLIAM BRODRICK, JUSTICE RS 07/24/2007 party (s) : FRANK LAPOMARDA ATTORNEY - REMOVAL ORDERED ON 07/23/2007

Attorney: VERNE PARADIE 07/24/2007 party(s): FRANK LAPOMARDA ATTORNEY - APPOINTED ORDERED ON 07/23/2007

Attorney: JON GALE 09/28/2007 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 09/25/2007

CONDITIONS OF RELEASE MRP 09/28/2007 HEARING - MOTION TO AMEND BAIL SCHEDULED FOR 10/23/2007 @ 8:30 in Room No. 7

NOTICE TO PARTIES/COUNSEL 09/28/2007 HEARING - MOTION TO AMEND BAIL NOTICE SENT ON 09/28/2007

MRP 10/01/2007 Charge(s): 1,2,3,4 TRIAL - DOCKET CALL SCHEDULED FOR 11/05/2007 @ 8:30 in Room No. 11 ROLAND A COLE , JUSTICE 10/01/2007 Charge(s): 1,2,3,4 TRIAL - DOCKET CALL NOTICE SENT ON 10/01/2007

JOANN HEBERT 11/02/2007 HEARING - MOTION TO AMEND BAIL HELD ON 10/23/2007 WILLIAM BRODRICK, JUSTICE Attorney: JON GALE DA: MEGIN ELAM Reporter: TIMOTHY THOMPSON Defendant Present in Court

MOTION TO AMEND BAIL DENIED. DEFENDANT REMANDED. page 2 of 6 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-01846 DOCKET RECORD MRP 11/02/2007 MOTION - MOTION TO AMEND BAIL DENIED ON 10/23/2007 WILLIAM BRODRICK, JUSTICE COPY TO PARTIES/COUNSEL MRP 11/06/2007 Charge(s): 1,2,3,4 TRIAL - DOCKET CALL CONTINUED ON 11/05/2007 ROLAND A COLE , JUSTICE SET HEARING 2 HOURS JAN TRIAL LIST

MRP 11/06/2007 MOTION - OTHER MOTION FILED BY DEFENDANT ON 11/05/2007

MOTION IN OPPOSITION TO STATE'S MOTION TO JOIN, MOTION TO SEVER MRP 11/15/2007 HEARING - MOTION TO JOIN SCHEDULED FOR 01/04/2008 @ 8:30 in Room No. 8 JOYCE A WHEELER , JUSTICE 2 HOUR HEARING 11/15/2007 HEARING - MOTION TO JOIN NOTICE SENT ON 11/15/2007 TRICIA KELLEY, ASSISTANT CLERK-E 2 HOUR 12/05/2007 Charge(s): 1,2,3,4 TRIAL - DOCKET CALL SCHEDULED FOR 01/11/2008 @ 8:30 in Room No. 11 THOMAS D WARREN , JUSTICE 12/05/2007 Charge(s): 1,2,3,4 TRIAL - DOCKET CALL NOTICE SENT ON 12/05/2007

TLK 12/26/2007 MOTION - MOTION TO JOIN FILED BY STATE ON 12/26/2007

MOTION TO AMEND FILED ON 12/20/2007 WITH MEMO OF LAW - TSK 01/07/2008 MOTION - MOTION TO JOIN GRANTED ON 01/04/2008 JOYCE A WHEELER , JUSTICE TSK 01/07/2008 MOTION - OTHER MOTION DENIED ON 01/04/2008 JOYCE A WHEELER , JUSTICE MOTION IN OPPOSITION TO STATE'S MOTION TO JOIN, MOTION TO SEVER - MRP MOTION DENIED - TSK 01/07/2008 HEARING - MOTION TO JOIN HELD ON 01/04/2008 JOYCE A WHEELER , JUSTICE Attorney: JON GALE DA: MEGIN ELAM Reporter: TIMOTHY THOMPSON Defendant Present in Court

TSK 01/08/2008 Charge(s): 1,2,3,4 TRIAL - DOCKET CALL NOT HELD ON 01/08/2008

CONT'D TO FEB./MAR. TRIAL LIST. 02/12/2008 Charge(s): 1,2,3,4 TRIAL - DOCKET CALL SCHEDULED FOR 03/07/2008 @ 8:30 in Room No. 11

JOANN HEBERT Page 3 of 6 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-01846 DOCKET RECORD 02/14/2008 Charge(s): 1,2,3,4 TRIAL - DOCKET CALL CONTINUED ON 02/14/2008

STAGE I PENDING 02/22/2008 PSYCHIATRIC EXAM - STAGE ONE EXAM ORDERED ON 02/19/2008 JOYCE A WHEELER , JUDGE 02/29/2008 LETTER - FROM NON-PARTY FILED ON 02/29/2008

LETTER FROM STATE FORENSIC INFORMING THE COURT OF EXAM DATE 3/11/08 @ 8:30 TSK 04/15/2008 PSYCHIATRIC EXAM - STAGE ONE REPORT FILED ON 04/11/2008

MRP 07/02/2008 Charge(s): 1,2,3,4 HEARING - STATUS CONFERENCE SCHEDULED FOR 08/05/2008 @ 1:00 in Room No. 7

MRP 07/02/2008 Charge(s): 1,2,3,4 HEARING - STATUS CONFERENCE NOTICE SENT ON 07/02/2008

MRP 07/03/2008 Charge(s): 1,2,3,4 HEARING - STATUS CONFERENCE NOT HELD ON 07/03/2008

07/03/2008 HEARING - STATUS CONFERENCE SCHEDULED FOR 08/05/2008 @ 8:30 in Room No. 7

07/08/2008 Party(s): FRANK LAPOMARDA ATTORNEY - RETAINED ENTERED ON 07/07/2008

Attorney: CLIFFORD STRIKE 07/22/2008 PSYCHIATRIC EXAM - STAGE THREE REPORT FILED ON 07/17/2008

MRP 07/23/2008 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 07/14/2008

Attorney: JON GALE TSK 07/24/2008 LETTER - FROM NON-PARTY FILED ON 07/16/2008

LETTER FROM STATE FORENSIC TO RIVERVIEW INDICATING THAT THE DEFENDANT IS DISCHARGED.

MRP 07/24/2008 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 07/23/2008 THOMAS D WARREN , JUSTICE COpy TO PARTIES/COUNSEL TSK 07/24/2008 Party(s): FRANK LAPOMARDA ATTORNEY - WITHDRAWN ORDERED ON 07/23/2008

Attorney: JON GALE 08/06/2008 HEARING - STATUS CONFERENCE HELD ON 08/05/2008 WILLIAM BRODRICK , JUSTICE SET ON NOV TRIAL LIST TAPE #2954 08/22/2008 TRIAL - DOCKET CALL SCHEDULED FOR 11/07/2008 @ 8:30 in Room No. 11 Page 4 of 6 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-01846 DOCKET RECORD

JH 11/10/2008 TRIAL - DOCKET CALL HELD ON 11/07/2008 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE 11/14/2008 PSYCHIATRIC EXAM - STAGE THREE EXAM ORDERED ON 11/13/2008 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE 12/10/2008 LETTER - FROM NON-PARTY FILED ON 12/04/2008

LETTER FROM STATE FORENSIC INFORMING PARTIES THAT THE STAGE III IS SET FOR 12-15-08 @ 1:00 P.M. MRP 12/12/2008 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 03/04/2009 @ 8:30 in Room No. 7

MRP 12/12/2008 TRIAL - JURY TRIAL SCHEDULED FOR 04/06/2009 @ 8:30 in Room No. 11

NOTICE TO PARTIES/COUNSEL MRP 12/12/2008 TRIAL - JURY TRIAL NOTICE SENT ON 12/12/2008

MRP 01/02/2009 PSYCHIATRIC EXAM - STAGE THREE REPORT FILED ON 12/31/2008

02/03/2009 LETTER - FROM NON-PARTY FILED ON 12/17/2008

LETTER FROM STATE FORENSIC TO RIVERVIEW 03/04/2009 HEARING - DISPOSITIONAL CONFERENCE HELD ON 03/04/2009 JOYCE A WHEELER , JUSTICE 03/04/2009 TRIAL - JURY TRIAL NOT HELD ON 03/04/2009

03/04/2009 PSYCHIATRIC EXAM - STAGE THREE EXAM ORDERED ON 03/04/2009 JOYCE A WHEELER , JUSTICE 03/04/2009 TRIAL - JURY TRIAL SCHEDULED FOR 06/15/2009 @ 8:30 in Room No. 11

NOTICE TO PARTIES/COUNSEL 03/04/2009 TRIAL - JURY TRIAL NOTICE SENT ON 03/04/2009

03/04/2009 HEARING - OTHER MOTION SCHEDULED FOR OS/22/2009 @ 8:30 in Room No. 7 JOYCE A WHEELER , JUSTICE RELIEF FROM JOINDER 03/04/2009 ORDER - COURT ORDER FILED ON 03/04/2009 JOYCE A WHEELER , JUSTICE STAGE III ORDERED, DEF HAS UNTIL MAR 30, 09 TO FILE A MOTION FOR RECONSIDERATION OF ITS ORDER OF JOINDER DATED JAN 4, 08 AND ENTERED IN 07-1110, 07-1199, 07-1846 & 07-2126. THE STATE WILL HAVE 15 DAYS TO RESPOND TO THE DEFENDANTS MOTION. 08-590 WAS FILED AFTER THE ORDER OF JOINDER. THE STATE FILED A NOTICE JOINDER IN THIS CASE AND THE COURT EXPECTS THAT DEFENDANT WILL FILE A MOTION FOR RELIEF FROM PREJUDICIAL JOINDER WITH RESPECT TO 08-590. MOTION HEARINGS SET BEFORE J WHEELER 5-22-09 @ 8:30 03/05/2009 HEARING - OTHER MOTION NOTICE SENT ON 03/05/2009

Page 5 of 6 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-01846 DOCKET RECORD RELIEF FROM JOINDER 03/31/2009 MOTION - MOTION RELIEF PREJUDICIAL JOIN FILED BY DEFENDANT ON 03/31/2009

RELIEF FROM JOINDER 06/04/2009 ORDER - COURT ORDER FILED ON 06/02/2009 JOYCE A WHEELER , JUSTICE ORDER ON RECONSIDERATION OF JOINDER THE ENTRY IS: CR-07-1110 & CR-07-1199, COUNTS II, III & IV IN CR-07-1846, COUNTS II & III IN CR-08-590 ARE HEREBY JOINED BUT WITH NO OTHER CASES INVOLVING OTHER VICTIMS; COUNT I IN CR-07-1846 & COUNT 1 IN CR-08-590 ARE HERBY JOINED WITH EACH OTHER BUT WITH NO CASES INVOLVING DIFFERENT VICTIMS; AND CR-07-2162 SHALL BE TRIED SEPERATLEY.

Page 6 of 6 Printed on: 06/04/2009 STATE OF MAINE SUPERIOR COURT vs CUMBERLAND, ss. FRANK LAPOMARDA Docket No PORSC-CR-2007-02126 6 HOMESTEAD AVE PORTLAND ME 04101 DOCKET RECORD

DOB: 12/12/1941 Attorney: CLIFFORD STRIKE State's Attorney: MEGIN ELAM STRIKE GOODWIN & O'BRIEN 400 ALLEN AVENUE PORTLAND ME 04103 RETAINED 07/08/2008

Filing Document: INDICTMENT Major Case Type: FELONY (CLASS A,B,C) Filing Date: 08/10/2007

1 AGGRAVATED ASSAULT 07/27/2005 PORTLAND Seq 629 17-A 208 (1) (A) Class B BAILEY / POR

08/14/2007 FILING DOCUMENT - INDICTMENT FILED ON 08/10/2007

TRANSFER - BAIL AND PLEADING GRANTED ON 08/10/2007

TRANSFER - BAIL AND PLEADING REQUESTED ON 08/10/2007

08/14/2007 Party(s): FRANK LAPOMARDA ATTORNEY - APPOINTED ORDERED ON 08/10/2007

Attorney: JON GALE 08/14/2007 Charge(s): 1 HEARING - ARRAIGNMENT SCHEDULED FOR 08/21/2007 @ 8:30 in Room No. 7 WILLIAM BRODRICK, JUSTICE RS 08/14/2007 Charge (s): 1 HEARING - ARRAIGNMENT NOTICE SENT ON 08/14/2007

RS 08/22/2007 Charge(s): 1 HEARING - ARRAIGNMENT HELD ON 08/21/2007 WILLIAM BRODRICK, JUSTICE Attorney: JON GALE DA: MEGIN ELAM Reporter: DIANE MCMANUS Defendant Present in Court

READING WAIVED. DEFENDANT INFORMED OF CHARGES. COPY OF INDICTMENT/INFORMATION GIVEN TO DEFENDANT. 21 DAYS TO FILE MOTIONS. NEW BAIL SET. DEFENDANT REMANDED. RS 08/22/2007 Charge(s): 1 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 08/21/2007

Page 1 of 5 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-02126 DOCKET RECORD 08/22/2007 BAIL BOND - $100,000.00 SURETY BAIL BOND SET BY COURT ON 08/21/2007 WILLIAM BRODRICK, JUSTICE OR $50,000 CASH. RS 08/22/2007 BAIL BOND - SURETY BAIL BOND COND RELEASE ISSUED ON 08/21/2007 WILLIAM BRODRICK, JUSTICE RS 09/28/2007 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 09/25/2007

CONDITIONS OF RELEASE MRP 09/28/2007 HEARING - MOTION TO AMEND BAIL SCHEDULED FOR 10/23/2007 @ 8:30 in Room No. 7

NOTICE TO PARTIES/COUNSEL MRP 09/28/2007 HEARING - MOTION TO AMEND BAIL NOTICE SENT ON 09/28/2007

10/31/2007 HEARING - MOTION TO AMEND BAIL HELD ON 10/23/2007 WILLIAM BRODRICK, JUSTICE Attorney: JON GALE DA: MEGIN ELAM Reporter: TIMOTHY THOMPSON Defendant Present in Court

MOTION DENIED, DEFENDANT REMANDED. TSK 10/31/2007 BAIL BOND - SURETY BAIL BOND CONTINUED AS SET ON 10/23/2007 WILLIAM BRODRICK, JUSTICE TSK 10/31/2007 MOTION - MOTION TO AMEND BAIL DENIED ON 10/23/2007 WILLIAM BRODRICK, JUSTICE COPY TO PARTIES/COUNSEL TSK 11/06/2007 MOTION - OTHER MOTION FILED BY DEFENDANT ON 11/05/2007

MOTION IN OPPOSITION TO STATE'S MOTION TO JOIN, MOTION TO SEVER MRP 11/15/2007 HEARING - MOTION TO JOIN SCHEDULED FOR 01/04/2008 @ 8:30 in Room No. 8 JOYCE A WHEELER , JUSTICE 2 HOUR HEARING 11/15/2007 HEARING - MOTION TO JOIN NOTICE SENT ON 11/15/2007 TRICIA KELLEY, ASSISTANT CLERK-E 2 HORS 12/26/2007 MOTION - MOTION TO JOIN FILED BY STATE ON 12/20/2007

AMENDED MOTION FILED 12/20/07 WITH MOEMO OF LAW - TSK 01/07/2008 MOTION - OTHER MOTION DENIED ON 01/04/2008

MOTION IN OPPOSITION TO STATE'S MOTION TO JOIN, MOTION TO SEVER - MRP MOTION DENIED - TSK 01/07/2008 MOTION - MOTION TO JOIN GRANTED ON 01/04/2008 JOYCE A WHEELER , JUSTICE CR07-1110 AND 07-1199 JOINED BY AGREEMENT. COUNTS 2,3 AND 4 ON DOCKET 07-1846 JOINED BY AGREEMENT. 01/07/2008 HEARING - MOTION TO JOIN HELD ON 01/04/2008 JOYCE A WHEELER , JUSTICE Attorney: JON GALE DA: MEGIN ELAM Reporter: TIMOTHY THOMPSON Page 2 of 5 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-02126 DOCKET RECORD Defendant Present in Court

TSK 02/12/2008 Charge (s): 1 TRIAL - DOCKET CALL SCHEDULED FOR 03/07/2008 @ 8:30 in Room No. 11

JOANN HEBERT 02/14/2008 Charge (s): 1 TRIAL - DOCKET CALL CONTINUED ON 02/14/2008

STAGE I PENDING 02/22/2008 PSYCHIATRIC EXAM - STAGE ONE EXAM ORDERED ON 02/19/2008 JOYCE A WHEELER , JUDGE 02/29/2008 LETTER - FROM NON-PARTY FILED ON 02/29/2008

LETTER FROM STATE FORENSICS INFORMING THE COURT OF EXAM ON 3/11/08 @8:30 TSK 04/15/2008 PSYCHIATRIC EXAM - STAGE ONE REPORT FILED ON 04/11/2008

MRP 07/02/2008 Charge (s): 1 HEARING - STATUS CONFERENCE SCHEDULED FOR 08/05/2008 @ 8:30 in Room No. 7

MRP 07/02/2008 Charge (s): 1 HEARING - STATUS CONFERENCE NOTICE SENT ON 07/02/2008

07/08/2008 party (s) : FRANK LAPOMARDA ATTORNEY - RETAINED ENTERED ON 07/08/2008

Attorney: CLIFFORD STRIKE 07/22/2008 PSYCHIATRIC EXAM - STAGE THREE REPORT FILED ON 07/17/2008

MRP 07/23/2008 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 07/14/2008

Attorney: JON GALE TSK 07/24/2008 LETTER - FROM NON-PARTY FILED ON 07/16/2008

LETTER FROM STATE FORENSIC INFORMING RIVERVIEW THAT THE DEFENDANT IS BEING DISCHARGED.

MRP 07/24/2008 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 07/23/2008 THOMAS D WARREN , JUSTICE COpy TO PARTIES/COUNSEL TSK 07/24/2008 Party(s): FRANK LAPOMARDA ATTORNEY - WITHDRAWN ORDERED ON 07/23/2008

Attorney: JON GALE 08/06/2008 Charge (s): 1 HEARING - STATUS CONFERENCE HELD ON 08/05/2008 WILLIAM BRODRICK, JUSTICE page 3 of 5 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-02126 DOCKET RECORD SET ON NOV TRIAL LIST TAPE #2954 08/22/2008 TRIAL - DOCKET CALL SCHEDULED FOR 11/07/2008 @ 8:30 in Room No. 11

JH 11/10/2008 PSYCHIATRIC EXAM - STAGE THREE EXAM ORDERED ON 11/13/2008 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE 11/10/2008 TRIAL - DOCKET CALL HELD ON 11/07/2008

12/12/2008 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 03/04/2009 @ 8:30 in Room No. 7

MRP 12/12/2008 TRIAL - JURY TRIAL SCHEDULED FOR 04/06/2009 @ 8:30 in Room No. 11

NOTICE TO PARTIES/COUNSEL MRP 12/12/2008 TRIAL - JURY TRIAL NOTICE SENT ON 12/12/2008

12/12/2008 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 12/12/2008

01/02/2009 PSYCHIATRIC EXAM - STAGE THREE REPORT FILED ON 12/31/2008

LETTER FROM STATE FORENSIC TO RIVERVIEW 03/04/2009 HEARING - DISPOSITIONAL CONFERENCE HELD ON 03/04/2009 JOYCE A WHEELER , JUSTICE 03/04/2009 TRIAL - JURY TRIAL NOT HELD ON 03/04/2009

03/04/2009 PSYCHIATRIC EXAM - STAGE THREE REPORT FILED ON 03/04/2009

03/04/2009 TRIAL - JURY TRIAL SCHEDULED FOR 06/15/2009 @ 8:30 in Room No. 11

NOTICE TO PARTIES/COUNSEL 03/04/2009 TRIAL - JURY TRIAL NOTICE SENT ON 03/04/2009

03/05/2009 HEARING - OTHER MOTION SCHEDULED FOR OS/22/2009 @ 8:30 in Room No. 7 JOYCE A WHEELER , JUSTICE RELIEF FROM JOINDER 03/05/2009 ORDER - COURT ORDER FILED ON 03/04/2009 JOYCE A WHEELER , JUSTICE STAGE III ORDERED, DEF HAS UNTIL MAR 30, 09 TO FILE A MOTION FOR RECONSIDERATION OF IT'S ORDER OF JOINDER DATED JAN 4, 08 AND ENTERED IN 07-1110,07-1199, 07-1846 AND 07-2126. THE STATE WILL HAVE 15 DAYS TO RESPOND TO THE DEFENDANT'S MOTION. 08-590 WAS FILED AFTER THE ORDER OF JOINDER. THE STATE FILED A NOTICE OF JOINDER IN THIS CASE AND THE COURT EXPECTS THAT DEFENDANT WILL FILE A MOTION FOR RELIEF FROM PREJUDICIAL JOINDER WITH RESPECT TO 08­ 590. MOTION HEARING SET BEFORE J WHEELER 5-22-09 8:30 03/05/2009 HEARING - OTHER MOTION NOTICE SENT ON 03/05/2009

RELIEF FROM JOINDER 03/31/2009 MOTION - MOTION RELIEF PREJUDICIAL JOIN FILED BY DEFENDANT ON 03/31/2009 Page 4 of 5 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2007-02126 DOCKET RECORD

RELIEF FROM JOINDER OS/22/2009 HEARING - OTHER HEARING SCHEDULED FOR 06/01/2009 @ 9:00 in Room No. B JOYCE A WHEELER , JUSTICE NOTICE TO PARTIES/COUNSEL MOTION FOR RELIEF OF JOINDER 06/01/2009 HEARING - OTHER HEARING HELD ON 06/01/2009 JOYCE A WHEELER , JUSTICE Attorney: CLIFFORD STRIKE DA: MEGIN ELAM Reporter: TIMOTHY THOMPSON Defendant Present in Court

UNDER ADVISEMENT 06/04/2009 ORDER - COURT ORDER FILED ON 06/02/2009 JOYCE A WHEELER , JUSTICE ORDER ON RECONSIDERATION OF JOINDER: THE ENTRY IS: CR-07-1110 & CR-07-1199, COUNTS II & III IN CR-OB-590 ARE HERBY JOINED BUT WITH NO OTHER CASES INVOLVING OTHER VICTIMS COUNT I IN CR-07-1B46 AND COUNT 1 IN CR-OB-590 ARE HERBY JOINED WITH EACH OTHER BUT WITH NO CASES INVOLVING DIFFERENT VICTIMS; AND CR-07-2162 SHALL BE TRIED SEPERATELY

Page 5 of 5 Printed on: 06/04/2009 STATE OF MAINE SUPERIOR COURT vs CUMBERLAND, 55. FRANK LAPOMARDA Docket No PORSC-CR-2008-00590 6 HOMESTEAD AVE PORTLAND ME 04101 DOCKET RECORD

DOB: 12/12/1941 Attorney: CLIFFORD STRIKE State's Attorney: ROBERT ELLIS STRIKE GOODWIN & O'BRIEN 400 ALLEN AVENUE PORTLAND ME 04103 RETAINED 07/07/2008

Filing Document: INDICTMENT Major Case Type: FELONY (CLASS A,B,C) Filing Date: 03/05/2008

1 GROSS SEXUAL ASSAULT 04/22/2002 PORTLAND Seq 4262 17 -A 253 (1) (A) Class A BAILEY / POR

2 GROSS SEXUAL ASSAULT 04/22/2002 PORTLAND Seq 4262 17-A 253 (1) (A) Class A BAILEY / POR

3 GROSS SEXUAL ASSAULT 04/22/2002 PORTLAND Seq 4262 17-A 253 (1) (A) Class A BAILEY / POR

03/06/2008 FILING DOCUMENT - INDICTMENT FILED ON 03/05/2008

TRANSFER - BAIL AND PLEADING GRANTED ON 03/05/2008

TRANSFER - BAIL AND PLEADING REQUESTED ON 03/05/2008

03/06/2008 Charge(s): 1,2,3 HEARING - ARRAIGNMENT SCHEDULED FOR 04/09/2008 @ 8:30 in Room No. 7

03/06/2008 Party(s): FRANK LAPOMARDA ATTORNEY - APPOINTED ORDERED ON 03/05/2008

Attorney: JON GALE 03/06/2008 Charge (5) : 1,2,3 HEARING - ARRAIGNMENT NOTICE SENT ON 03/06/2008 STEPHANIE TARANTINO, ASSISTANT CLERK 03/12/2008 OTHER FILING - NOTICE OF JOINDER FILED BY STATE ON 03/05/2008

CASE JOINED WITH 07-1846 AND 07-1110 04/09/2008 Charge(s): 1,2,3 HEARING - ARRAIGNMENT CONTINUED ON 04/09/2008 NANCY MILLS , JUSTICE Attorney: JON GALE Page 1 of 4 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2008-00590 DOCKET RECORD DA: DEBORAH CHMIELEWSKI Reporter: LISA BISHOP CONTINUED FOR 30 DAYS. PENDING OUTCOME OF STAGE III. RS 04/09/2008 Charge(s): 1,2,3 HEARING - ARRAIGNMENT SCHEDULED FOR 05/13/2008 @ 8:30 in Room No. 7

RS 04/09/2008 Charge(s): 1,2,3 HEARING - ARRAIGNMENT NOTICE SENT ON 04/09/2008

RS 05/14/2008 Charge(s): 1,2,3 HEARING - ARRAIGNMENT CONTINUED ON 05/13/2008 WILLIAM BRODRICK, JUSTICE COMBINATION STAGE II AND III ORDERED. RS 05/14/2008 PSYCHIATRIC EXAM - STAGE TWO EXAM ORDERED ON 05/13/2008 WILLIAM BRODRICK, JUSTICE RS 05/14/2008 PSYCHIATRIC EXAM - STAGE THREE EXAM ORDERED ON 05/13/2008 WILLIAM BRODRICK, JUSTICE RS 05/16/2008 Charge (s) : 1,2,3 HEARING - ARRAIGNMENT SCHEDULED FOR 07/22/2008 @ 8:30 in Room No. 7

RS 05/16/2008 Charge(s) : 1,2,3 HEARING - ARRAIGNMENT NOTICE SENT ON 05/16/2008

RS 06/17/2008 LETTER - FROM NON-PARTY FILED ON 06/12/2008

LETTER FROM STATE FORENSIC INFORMING PARTIES THAT THE DEFENDANT WILL BE ADMITTED ON 6/3/08 @ 10:00 A.M. INTO RIVERVIEW MRP 07/08/2008 Party(s): FRANK LAPOMARDA ATTORNEY - RETAINED ENTERED ON 07/07/2008

Attorney: CLIFFORD STRIKE 07/22/2008 Charge(s): 1,2,3 HEARING - ARRAIGNMENT HELD ON 07/22/2008 WILLIAM BRODRICK, JUSTICE Attorney: CLIFFORD STRIKE Defendant Present in Court

READING WAIVED. DEFENDANT INFORMED OF CHARGES. COpy OF INDICTMENT/INFORMATION GIVEN TO DEFENDANT. 21 DAYS TO FILE MOTIONS. NEW BAIL SET. DEFENDANT REMANDED. RS 07/22/2008 Charge(s): 1,2,3 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 07/22/2008

07/22/2008 BAIL BOND - $50,000.00 CASH BAIL BOND SET BY COURT ON 07/22/2008 WILLIAM BRODRICK, JUSTICE RS 07/22/2008 TRIAL - DOCKET CALL SCHEDULED FOR 11/07/2008 @ 8:30 in Room No. 11 page 2 of 4 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2008-00590 DOCKET RECORD

RS 07/22/2008 PSYCHIATRIC EXAM - STAGE THREE REPORT FILED ON 07/17/2008

MRP 07/23/2008 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 07/14/2008

Attorney: JON GALE TSK 07/24/2008 LETTER - FROM NON-PARTY FILED ON 07/16/2008

LETTER FROM STATE FORENSIC TO RIVERVIEW INDICATING THAT THE DEFENDANT IS DISCHARGED FROM RIVER PSYCHIATRIC CENTER. MRP 07/24/2008 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 07/23/2008 THOMAS D WARREN • JUSTICE COPY TO PARTIES/COUNSEL TSK 07/24/2008 Party(s): FRANK LAPOMARDA ATTORNEY - WITHDRAWN ORDERED ON 07/23/2008

Attorney: JON GALE 10/20/2008 TRIAL - DOCKET CALL NOTICE SENT ON 10/20/2008

JH 11/10/2008 PSYCHIATRIC EXAM - STAGE THREE EXAM ORDERED ON 11/13/2008

11/10/2008 TRIAL ­ DOCKET CALL HELD ON 11/07/2008 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE 12/05/2008 LETTER - FROM NON-PARTY FILED ON 12/04/2008

LETTER FROM RIVERVIEW RE: DEFENDANT BEING ADMITTED 11-25-08 @ 11:00 A.M. MRP 12/10/2008 LETTER - FROM NON-PARTY FILED ON 12/04/2008

LETTER FROM STATE FORENSIC INFORMING PARTIES TAT THE STAE III IS SET FOR 12-15-08

MRP 12/12/2008 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 03/04/2009 @ 8:30 in Room No. 7

MRP 12/12/2008 TRIAL - JURY TRIAL SCHEDULED FOR 04/06/2009 @ 8:30 in Room No. 11

NOTICE TO PARTIES/COUNSEL MRP 12/12/2008 TRIAL - JURY TRIAL NOTICE SENT ON 12/12/2008

12/12/2008 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 12/12/2008

MRP 01/02/2009 PSYCHIATRIC EXAM - STAGE THREE REPORT FILED ON 12/31/2008

MRP 02/03/2009 LETTER - FROM PARTY FILED ON 12/17/2008 Page 3 of 4 Printed on: 06/04/2009 FRANK LAPOMARDA PORSC-CR-2008-00590 DOCKET RECORD

03/04/2009 HEARING - DISPOSITIONAL CONFERENCE HELD ON 03/04/2009 JOYCE A WHEELER , JUSTICE 03/04/2009 TRIAL - JURY TRIAL NOT HELD ON 03/04/2009

03/04/2009 PSYCHIATRIC EXAM - STAGE THREE EXAM ORDERED ON 03/04/2009 JOYCE A WHEELER , JUSTICE 03/04/2009 TRIAL - JURY TRIAL SCHEDULED FOR 06/15/2009 @ 8:30 in Room No. 11

NOTICE TO PARTIES/COUNSEL 03/04/2009 TRIAL - JURY TRIAL NOTICE SENT ON 03/04/2009

03/05/2009 HEARING - OTHER MOTION SCHEDULED FOR OS/22/2009 @ 8:30 in Room No. 7 JOYCE A WHEELER , JUSTICE RELIEF FROM PREJUDICIAL JOINDER 03/05/2009 ORDER - COURT ORDER FILED ON 03/04/2009 JOYCE A WHEELER , JUSTICE STAGE III ORDERED, DEF HAS UNTIL MAR 30, 09 TO FILE A MOTION FOR RECONSIDERATION OF ITS ORDER OF JOINDER DATED JAN 4, 08 AND ENTERED IN 07-1110, 07-1199, 07-1846 AND 07-2126. THE STATE WILL HAVE 15 DAYS TO RESPOND TO THE DEFENDANT'S MOTION. 08-590 WAS FILED AFTER THE ORDER OF JOINDER. THE STATE FILED A NOTICE OF JOINDER IN THIS CASE AND THE COURT EXPECTS THAT DEFENDANT WILL FILE A MOTION FOR RELIEF FROM PREJUDICIAL JOINDER WITH RESPECT TO 08­ 590. MOTION HEARING SET BEFORE J WHEELER ON 5-22-09 03/05/2009 HEARING - OTHER MOTION NOTICE SENT ON 03/05/2009

RELIEF FROM PREJUDICIAL JOINDER 03/31/2009 MOTION - MOTION RELIEF PREJUDICIAL JOIN FILED BY DEFENDANT ON 03/31/2009

RELIEF FROM PREJUDICIAL JOINDER OS/22/2009 HEARING - OTHER HEARING SCHEDULED FOR 06/01/2009 @ 9:00 in Room No. 8 JOYCE A WHEELER , JUSTICE NOTICE TO PARTIES/COUNSEL MOTION FOR RELIEF OF JOINDER 06/04/2009 HEARING - OTHER HEARING HELD ON 06/01/2009 JOYCE A WHEELER , JUSTICE 06/04/2009 ORDER - COURT ORDER FILED ON 06/02/2009 JOYCE A WHEELER , JUSTICE ORDER ON RECONSIDERATION OF JOINDER: THE ENTRY IS: CR-07-1110 & CR-07-1199, COUNTS II, III & IV IN CR-07-1846, COUNTS II & III IN CR 08-590 ARE HEREBY JOINED BUT WITH NO OTHER CASES INVOLVING OTHER VICTIMS; COUNT I IN CR 07-1846 & COUNT I IN CR-08-590 ARE HEREBY JOINED WITH EACH OTHER BUT WITH NO CASES INVOLVING DIFFERENT VICTIMS; AND CR 07-2162 SHALL BE TRIED SEPRATELY

Page 4 of 4 Printed on: 06/04/2009