State of Maine v. Meserve

Opinion

STATE OF MAINE SUPERIOR COURT KENNEBEC, ss. CRIMINAL ACTION DOCKET NO: CRt 0-578 ReM ~ I<F:JV ~; ;<& /~7) 11 STATE OF MAINE [

ORDER DENYING MOTION TO

v. DISCLOSE GRAND JURY TRANSCRIPTS

KEVIN MESERVE, Defendant

Defendant filed his motion to disclose grand jury transcripts on or about May 17,

2011. The court heard further argument from the parties on June 8, 2011.

Defendant contends that the grand jury testimony which may have included

testimony from an officer Andrew McMullen should be disclosed to the defendant

pursuant to a request made in accordance with M.R.Crim.P. 6(g). Defendant contends a

particularized need is established in these circumstances because defendant believes

Officer McMullen may have testified as to what he viewed on a video created by the

owners of an establishment, Chez Lounge, where the alleged incident which is the subject

of the underlying complaint occurred. Defendant further contends that the eventual

destruction of the same videotape creates a particularized need for the testimony which

may have been presented to the grand jury.

The court is not persuaded that this fact alone creates a particularized need

sufficient to justify the production and disclosure of the grand jury transcripts. The mere

fact that the officer's testimony, even relating to his observations of the videotape, may

conflict or be inconsistent with other witness testimony regarding what occurred, does

not create the particularized need which must be demonstrated to approve the defendant's

request. State v. Cugliata, 372 A.2d. 1019 (ME 1977).

Dated: July 18, 2011

STATE OF MAINE SUPERIOR COURT vs KENNEBEC, ss. KEVIN MESERVE Docket No AUGSC-CR-2010-00578 702 CHINA ROAD WINSLOW ME 04901 DOCKET RECORD

DOB: 10/05/1960 Attorney: THOMAS HALLETT State's Attorney: EVERT FOWLE THE HALLETT LAW FIRM 75 MARKET STREET SUITE 502 PO BOX 7508 PORTLAND ME 04112 RETAINED 08/18/2010

Charge(s)

1 AGGRAVATED ASSAULT 08/04/2010 WATERVILLE Seq 629 17-A 208 (1) (A) Class B MCMULLEN I WAT

Docket Events:

08/09/2010 FILING DOCUMENT - CASH BAIL BOND FILED ON 08/04/2010

08/09/2010 BAIL BOND - $700.00 CASH BAIL BOND FILED ON 08/09/2010

Bail Receipt Type: CR Bail Amt: $700

Receipt Type: CK

Date Bailed: 08/04/2010 Prvdr Name: KEVIN MESERVE Rtrn Name: KEVIN MESERVE

08/18/2010 Party(s): KEVIN MESERVE ATTORNEY - RETAINED ENTERED ON 08/18/2010

Attorney: THOMAS HALLETT

08/18/2010 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 08/18/2010

Attorney: THOMAS HALLETT

08/18/2010 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 08/18/2010

Attorney: THOMAS HALLETT

08/18/2010 MOTION - MOTION TO DISMISS FILED BY DEFENDANT ON 08/18/2010

Attorney: THOMAS HALLETT 09/10/2010 Charge(s): 1 SUPPLEMENTAL FILING - COMPLAINT FILED ON 09/10/2010

10/12/2010 Charge (s): 1 HEARING - STATUS CONFERENCE SCHEDULED FOR 12/14/2010 at 10:00 a.m.

10/12/2010 Charge(s): 1 HEARING - STATUS CONFERENCE NOTICE SENT ON 10/12/2010

10/25/2010 MOTION - MOTION FOR GRAND JURY REPORTER FILED BY DEFENDANT ON 10/25/2010 Page 1 of 4 Printed on: 07/22/2011

KEVIN MESERVE

AUGSC-CR-2010-00578

DOCKET RECORD

10/25/2010 Charge(s): 1 HEARING - INITIAL APPEARANCE HELD ON 10/12/2010 at 08:30a.m. DONALD H MARDEN , JUSTICE Defendant Present in Court 10/25/2010 Charge (s) : 1 PLEA - NO ANSWER ENTERED BY DEFENDANT ON 10/12/2010

10/25/2010 HEARING - MOTION FOR GRAND JURY REPORTER SCHEDULED FOR 12/14/2010 at 10:00 a.m.

NOTICE TO PARTIES/COUNSEL 10/25/2010 HEARING - MOTION FOR GRAND JURY REPORTER NOTICE SENT ON 10/25/2010

12/15/2010 HEARING - MOTION FOR GRAND JURY REPORTER HELD ON 12/14/2010 ROLAND A COLE , JUSTICE Attorney: THOMAS HALLETT DA: BRAD GRANT Defendant Present in Court 12/15/2010 MOTION - MOTION FOR GRAND JURY REPORTER GRANTED ON 12/14/2010 ROLAND A COLE , JUSTICE COPY TO PARTIES/COUNSEL AND COURT REPORTER 12/15/2010 Charge(s): 1 HEARING - STATUS CONFERENCE HELD ON 12/14/2010 ROLAND A COLE , JUSTICE Attorney: THOMAS HALLETT DA: BRAD GRANT Defendant Present in Court 12/15/2010 Charge (s): 1 HEARING - STATUS CONFERENCE SCHEDULED FOR 02/23/2011 at 10:00 a.m.

12/15/2010 Charge(s): 1 HEARING - STATUS CONFERENCE NOTICE SENT ON 12/14/2010

02/23/2011 Charge(s): 1 HEARING - STATUS CONFERENCE HELD ON 02/23/2011 ROBERT E MURRAY JR, JUSTICE Attorney: THOMAS HALLETT DA: BRAD GRANT Defendant Present in Court 02/23/2011 Charge (s): 1 HEARING - STATUS CONFERENCE SCHEDULED FOR 04/26/2011 at 10:00 a.m.

02/23/2011 Charge(s): 1 HEARING - STATUS CONFERENCE NOTICE SENT ON 02/23/2011

04/06/2011 Charge(s): 1 HEARING - STATUS CONFERENCE NOT HELD ON 04/06/2011

04/06/2011 Charge (s) : 1 SUPPLEMENTAL FILING - INDICTMENT FILED ON 04/04/2011

04/06/2011 Charge(s): 1 HEARING - ARRAIGNMENT SCHEDULED FOR 04/26/2011 at 10:00 a.m.

Page 2 of 4 Printed on: 07/22/2011

KEVIN MESERVE

AUGSC-CR-2010-00578

DOCKET RECORD

04/06/2011 Charge(s): 1 HEARING - ARRAIGNMENT NOTICE SENT ON 04/06/2011

04/26/2011 Charge(s): 1 HEARING - ARRAIGNMENT HELD ON 04/26/2011 M MICHAELA MURPHY , JUSTICE DA: BRAD GRANT Reporter: JANETTE COOK Defendant Present in Court

READING WAIVED. DEFENDANT INFORMED OF CHARGES. COPY OF INDICTMENT/INFORMATION GIVEN TO DEFENDANT. 21 DAYS TO FILE MOTIONS 04/26/2011 Charge(s): 1 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 04/26/2011

04/28/2011 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 04/28/2011

Attorney: THOMAS HALLETT

04/28/2011 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 04/28/2011

Attorney: THOMAS HALLETT 04/29/2011 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 06/07/2011 at 11:00 a.m.

NOTICE TO PARTIES/COUNSEL 04/29/2011 HEARING- MOTION FOR DISCOVERY SCHEDULED FOR 06/07/2011 at 11:00 a.m.

NOTICE TO PARTIES/COUNSEL 05/17/2011 MOTION - MOTION FOR ENLARGEMENT OF TIME FILED BY DEFENDANT ON 05/17/2011

05/17/2011 MOTION - OTHER MOTION FILED BY DEFENDANT ON 05/17/2011

MOTION TO DISCLOSE GRAND JURY TRANSCRIPTS 06/07/2011 HEARING - MOTION FOR DISCOVERY CONTINUED ON 06/07/2011

06/07/2011 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 06/08/2011 at 10:00 a.m.

NOTICE TO PARTIES/COUNSEL 06/07/2011 HEARING - MOTION TO SUPPRESS NOT HELD ON 06/07/2011

06/07/2011 MOTION - MOTION TO SUPPRESS WITHDRAWN ON 06/07/2011

06/07/2011 HEARING - OTHER MOTION SCHEDULED FOR 06/08/2011 at 10:00 a.m.

MOTION TO DISCLOSE GRAND JURY TRANSCRIPTS 06/07/2011 HEARING- MOTION FOR ENLARGEMENT OF TIME SCHEDULED FOR 06/08/2011 at 08:30a.m.

NOTICE TO PARTIES/COUNSEL 06/07/2011 HEARING- MOTION TO DISMISS SCHEDULED FOR 06/08/2011 at 10:00 a.m.

NOTICE TO PARTIES/COUNSEL 06/07/2011 MOTION - MOTION TO SUPPRESS WITHDRAWN ON 06/07/2011

06/16/2011 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 06/15/2011 Page 3 of 4 Printed on: 07/22/2011

KEVIN MESERVE

AUGSC-CR-2010-00578

DOCKET RECORD

AGREED UPON DISCOVERY ORDER 06/20/2011 MOTION - MOTION FOR DISCOVERY GRANTED ON 06/20/2011 ROBERT E MURRAY JR, JUSTICE COPY TO PARTIES/COUNSEL

06/20/2011 MOTION - MOTION TO DISMISS WITHDRAWN ON 06/08/2011

06/20/2011 HEARING - MOTION TO DISMISS NOT HELD ON 06/08/2011

06/20/2011 HEARING - MOTION FOR DISCOVERY HELD ON 06/08/2011 ROBERT E MURRAY JR, JUSTICE Defendant Present in Court 06/20/2011 MOTION - MOTION FOR DISCOVERY GRANTED ON 06/08/2011 ROBERT E MURRAY JR, JUSTICE COPY TO PARTIES/COUNSEL PARTIES TO SUBMIT PROPOSED ORDER

06/20/2011 HEARING - MOTION FOR ENLARGEMENT OF TIME HELD ON 06/08/2011 ROBERT E MURRAY JR, JUSTICE Defendant Present in Court 06/20/2011 MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 06/08/2011 ROBERT E MURRAY JR, JUSTICE COPY TO PARTIES/COUNSEL

07/20/2011 HEARING - OTHER MOTION HELD ON 06/08/2011 ROBERT E MURRAY JR, JUSTICE MOTION TO DISCLOSE GRAND JURY TRANSCRIPTS 07/20/2011 MOTION - OTHER MOTION DENIED ON 07/18/2011 JANET TIBBETTS , ASSISTANT CLERK-E MOTION TO DISCLOSE GRAND JURY TRANSCRIPTS 07/22/2011 Charge(s): 1 TRIAL - DOCKET CALL SCHEDULED FOR 09/07/2011

07/22/2011 ORDER - COURT ORDER FILED ON 07/18/2011 ROBERT E MURRAY JR, JUSTICE ORDER DENYING MOTION TO DISCLOSE GRAND JURY TRANSCRIPTS 07/22/2011 ORDER - COURT ORDER ENTERED ON 07/18/2011

A TRUE COPY ATTEST:

Clerk

Page 4 of 4 Printed on: 07/22/2011