STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss Docket No.: CR-16-4730 STATE OF MAINE Cumberland, SS. Clerk's Offioo
MAY O1 20t0 STATE OF MAINE, REC IVEf) Plaintiff, ) ) ORDER v. ) ) GREGORY D RODERICK, ) ) Defendant. ) )
Gregory Roderick has been charged by an indictment of August 4, 2016 with two counts
of Class C Theft by Deception, 17-A M.R.S. § 354 (l)(B)(4). The indictment has been amended
to allege that the first count took place from July 31, 2010 through October 2, 2010 while the
second took place from October 9, 2010 to December 11, 2010. Both charges relate to claimed
fraud in receiving unemployment compensation while employed at two different businesses.
The defendant has moved to dismiss the amended indictment claiming that the indictment
was filed after the expiration of the statute of limitations for Class E crimes and that the state was
not permitted to aggregate the charges into a Class C charge, with a longer statute of limitations,
once the statute of limitations for a misdemeanor had expired.
Count I of the amended indictment is based on a claim that Mr. Roderick fraudulently
received unemployment benefits while working at Big Wings, LLC for the weeks ending
July 31, 2010 through the week ending October 2, 2010. Each week, if separately charged, and proven, would constitute a Class E offense, 17-A M.R.S. § 354 (l)(A) and would need to be
brought within three years. See 17-A M.R.S § 2(B).
The second count involves a series of claims for the weeks ending October 9, 2010
through December 11, 2010 for work done at Sbarra. Each of those weeks, if brought as separate
counts, would also constitute a Class E offense with a three-year statute oflimitations.
Pursuant to 17-A M.R.S. § 353 (5)(E), "Amounts of value involved in thefts committed
pursuant to one scheme or course of conduct ... may be aggregated to charge a single theft of
appropriate class or grade." Here the state chose to aggregate the Big Wings, LLC and Sbarro
based weeks into two separate Class C offenses as the combined amounts exceeded $1,000.00
for each employer. See 17-A M.R.S. § 354 (l)(B)(4). The statute oflimitations for properly
brought Class C charges is six (6) years. See 17-A_M.R.S § 8 (2)(A).
There is no requirement that the aggregation of misdemeanor charges to a felony level
occur within three (3) years. This is consistent with the decision of the Legislature to have a
longer statute of limitations for more serious, and often more complex, felony charges. The state
is free to aggregate the charges and bring the Class C or higher level charges at any time within
the longer six (6) year statue of limitation.
State v. Fournier, 617 A. 2d 998 (Me. 1992) does not help the defendant. The combining
of charges into the two separate charges based on the place of employment is acceptable. There
is nothing in Fournier that would lead to a dismissal of these charges. The entry is:
Motion to dismiss is denied except for that small portion of Count I of the amended
indictment charging conduct prior to August 4, 2010.
Paul A. Fritzsche Justice, Superior Court, Active Retired STATE OF MAINE CRIMINAL DOCKET vs CUMBERLAND, ss. GREGORY D RODERICK Docket No CUMCD-CR-2016-04730 271 SPRING STREET #3 PORTLAND ME 04102 DOCKET RECORD DOB: 04/09/1983 Attorney: LA WREN CE WINGER State's Attorney: MEGHAN CONNELLY LAW OFFICE OF LA WREN CE C WINGER 75 PEARL STREET, SUITE 460 PORTLAND ME 04101 APPOINTED 11/22/2016 Filing Document: INDICTMENT Major Case Type: FELONY (CLASS A,B,C) Fi Ii ng Date: 08/04/2016 Charge(s) l THEFr BY DECEPTION 07/31/2010 PORTLAND Seq 8434 17-A 354(1)(8)(4) Class C
2 THEFr BY DECEPTION 10/09/2010 PORTLAND Seq 8434 17-A 354(1)(8)(4) Class C
Docket Events: 08/09/2016 FILING DOCUMENT- INDICTMENT FILED ON 08/04/20[6
08/09/2016 Chargc(s): 1,2 HEARING - ARRAIGNMENT SCHEDULE OTHER COURT ON 08/23/2016 at 08:30 a.m. in Room No. 1
PORSC 08/09/2016 Charge(s): 1,2 HEARING - ARRAIGNMENT NOTICE SENT ON 08/09/2016 JIM PAUL TURCOTTE, ASSISTANT CLERK 08/23/2016 Charge(s): 1,2 HEARING - ARRAIGNMENT HA ON 08/23/2016
08/25/2016 WARRANT - $2,000.00 FOR FAILURE TO APPEAR ORDERED ON 08/23/2016 LANCE WALKER , JUSTICE 4TH TUESDAY OF THE MONTH AT 8:30AM. 08/25/2016 WARRANT- $2,000.00 FOR FAILURE TO APPEAR ISSUED ON 08/25/2016
4TH TUESDAY OF THE MONTH AT 8:30AM. 09/01/2016 Charge(s): 1,2 HEARING - ARRAIGNMENT RET UNDELIVERABLE ON 09/01/2016 JIM PAUL TURCOTTE, ASSISTANT CLERK NO SUCH NUMBER 10/14/2016 WARRANT - FOR FAILURE TO APPEAR EXECUTED BY AGENCY ON 10/14/2016 at 10:40 a.m.
10/17/2016 Charge(s): 1,2 HEARING - ARRAIGNMENT SCHEDULE OTHER COURT ON 11/22/2016 at 08:30 a.m. in Room No. 1
PORSC 10/17/2016 BAIL BOND - $2,000.00 CASH BAIL BOND FILED ON 10/17/2016
Bail Receipt Type: CR Bail Amt: $2,000 Receipt Type: CK Date Bailed: 10/14/2016 Prvdr Name: MARK MALONEY CR-200 Page l of 4 Printed on: 05/03/2017 GREGORY D RODERICK CUMCD-CR-2016-04730 DOCKET RECORD Rtrn Name: MARK MALONEY 409 3RD PARTY DOB 3-7-53 BAIL DISBURSEMENT ON 04/05/2017 Check No. 32709 Check Amount: 1,500.00 Paid To: MARK MALONEY FORWARD ED TO BAIL PROVIDER
J 1/22/2016 Charge(s): 1,2 HEARING - ARRAIGNMENT HELD ON 11/22/2016 MARIA WOODMAN ,JUDGE DA: TRACY GORHAM Defendant Present in Court DEFENDANT INFORMED OF CHARGES. FTRl 11/22/2016 Charge(s): 1,2 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 11/22/2016 MARIA WOODMAN , JUDGE ll/22/2016 Charge(s): 1,2 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 01/26/2017 at 02:00 p.m. in Room No. 7
11/22/2016 Charge( s): 1,2 TRIAL- JURY TRIAL SCHEDULED FOR 04/24/2017 at 08:30 a.m. in Room No. 11
NOTICE TO PARTIES/COUNSEL 11/22/2016 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 11/22/2016 MARIA WOODMAN , JUDGE COPY TO PARTIES/COUNSEL 11/22/2016 Party(s): GREGORY D RODERICK ATTORNEY - APPOINTED ORDERED ON 11/22/2016
Attorney: LAWREN CE WINGER 12/09/2016 Charge(s): 1,2 TRIAL- JURY TRIAL NOT HELD ON 12/07/2016
12/28/2016 LETTER - FROM PARTY FILED ON 12/28/2016
Attorney: LA WREN CE WINGER CHANGE OF ADDRESS FROM ATTORNEY. NEW ADDRESS 75 PEARL STREET SUITE 460 PORTLAND ME. 01/26/2017 Charge(s): 1,2 HEARING - DISPOSITIONAL CONFERENCE HELD ON 01/26/2017 NANCY MILLS, JUSTICE Attorney: LAWREN CE WINGER DA: MEGHAN CONNELLY CONF HELD, OFFER MADE. CASE UNRESOLVED. MOTION TO DISMISS FILED. HEARING TO BE SET FOR 3-14 01/26/2017 MOTION - MOTION TO DISMISS FILED BY DEFENDANT ON 01/26/2017
Attorney: LAWREN CE WINGER 01/26/2017 HEARING - MOTION TO DISMISS SCHEDULED FOR 03/14/2017 at 01:00 p.m. in Room No.
NOTICE TO PARTIES/COUNSEL 01/26/2017 Charge(s): 1,2 TRIAL- JURY TRIAL SCHEDULED FOR 04/24/2017 at 08:30 a.m. in Room No. 11
CR-200 Page 2 of 4 Printed on: 05/03/2017 GREGORY D RODERICK CUMCD-CR-2016-04730 DOCKET RECORD NOTICE TO PARTIES/COUNSEL 02/08/2017 OTHER FILING - OTHER DOCUMENT FILED ON 02/08/2017
Attorney: LA WREN CE WINGER DEFENDANT'S MEMORANDUM IN SUPPORT OF MOTION TO DISMISS 03/10/2017 HEARING - MOTION TO DISMISS NOTICE SENT ON 03/10/2017
03/15/2017 HEARING - MOTION TO DISMISS CONTINUED ON 03/15/2017
INCLEMENT WEATHER 03/15/2017 HEARING - MOTION TO DISMISS SCHEDULED FOR 04/11/2017 at 01:00 p.m. in Room No.
NOTICE TO PARTIES/COUNSEL 03/15/2017 HEARING - MOTION TO DISMISS NOTICE SENT ON 03/15/2017
03/22/2017 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 03/21/2017
03/22/2017 HEARING - MOTION TO AMEND BAIL SCHEDULED FOR 03/28/2017 at 01:00 p.m. in Room No.
NOTICE TO PARTIES/COUNSEL 03/22/2017 HEARING - MOTION TO AMEND BAIL NOTICE SENT ON 03/22/2017
03/24/2017 HEARING - MOTION TO AMEND BAIL CONTINUED ON 03/24/2017
NO COURT ON 3-28-17.
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STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss Docket No.: CR-16-4730 STATE OF MAINE Cumberland, SS. Clerk's Offioo
MAY O1 20t0 STATE OF MAINE, REC IVEf) Plaintiff, ) ) ORDER v. ) ) GREGORY D RODERICK, ) ) Defendant. ) )
Gregory Roderick has been charged by an indictment of August 4, 2016 with two counts
of Class C Theft by Deception, 17-A M.R.S. § 354 (l)(B)(4). The indictment has been amended
to allege that the first count took place from July 31, 2010 through October 2, 2010 while the
second took place from October 9, 2010 to December 11, 2010. Both charges relate to claimed
fraud in receiving unemployment compensation while employed at two different businesses.
The defendant has moved to dismiss the amended indictment claiming that the indictment
was filed after the expiration of the statute of limitations for Class E crimes and that the state was
not permitted to aggregate the charges into a Class C charge, with a longer statute of limitations,
once the statute of limitations for a misdemeanor had expired.
Count I of the amended indictment is based on a claim that Mr. Roderick fraudulently
received unemployment benefits while working at Big Wings, LLC for the weeks ending
July 31, 2010 through the week ending October 2, 2010. Each week, if separately charged, and proven, would constitute a Class E offense, 17-A M.R.S. § 354 (l)(A) and would need to be
brought within three years. See 17-A M.R.S § 2(B).
The second count involves a series of claims for the weeks ending October 9, 2010
through December 11, 2010 for work done at Sbarra. Each of those weeks, if brought as separate
counts, would also constitute a Class E offense with a three-year statute oflimitations.
Pursuant to 17-A M.R.S. § 353 (5)(E), "Amounts of value involved in thefts committed
pursuant to one scheme or course of conduct ... may be aggregated to charge a single theft of
appropriate class or grade." Here the state chose to aggregate the Big Wings, LLC and Sbarro
based weeks into two separate Class C offenses as the combined amounts exceeded $1,000.00
for each employer. See 17-A M.R.S. § 354 (l)(B)(4). The statute oflimitations for properly
brought Class C charges is six (6) years. See 17-A_M.R.S § 8 (2)(A).
There is no requirement that the aggregation of misdemeanor charges to a felony level
occur within three (3) years. This is consistent with the decision of the Legislature to have a
longer statute of limitations for more serious, and often more complex, felony charges. The state
is free to aggregate the charges and bring the Class C or higher level charges at any time within
the longer six (6) year statue of limitation.
State v. Fournier, 617 A. 2d 998 (Me. 1992) does not help the defendant. The combining
of charges into the two separate charges based on the place of employment is acceptable. There
is nothing in Fournier that would lead to a dismissal of these charges. The entry is:
Motion to dismiss is denied except for that small portion of Count I of the amended
indictment charging conduct prior to August 4, 2010.
Paul A. Fritzsche Justice, Superior Court, Active Retired STATE OF MAINE CRIMINAL DOCKET vs CUMBERLAND, ss. GREGORY D RODERICK Docket No CUMCD-CR-2016-04730 271 SPRING STREET #3 PORTLAND ME 04102 DOCKET RECORD DOB: 04/09/1983 Attorney: LA WREN CE WINGER State's Attorney: MEGHAN CONNELLY LAW OFFICE OF LA WREN CE C WINGER 75 PEARL STREET, SUITE 460 PORTLAND ME 04101 APPOINTED 11/22/2016 Filing Document: INDICTMENT Major Case Type: FELONY (CLASS A,B,C) Fi Ii ng Date: 08/04/2016 Charge(s) l THEFr BY DECEPTION 07/31/2010 PORTLAND Seq 8434 17-A 354(1)(8)(4) Class C
2 THEFr BY DECEPTION 10/09/2010 PORTLAND Seq 8434 17-A 354(1)(8)(4) Class C
Docket Events: 08/09/2016 FILING DOCUMENT- INDICTMENT FILED ON 08/04/20[6
08/09/2016 Chargc(s): 1,2 HEARING - ARRAIGNMENT SCHEDULE OTHER COURT ON 08/23/2016 at 08:30 a.m. in Room No. 1
PORSC 08/09/2016 Charge(s): 1,2 HEARING - ARRAIGNMENT NOTICE SENT ON 08/09/2016 JIM PAUL TURCOTTE, ASSISTANT CLERK 08/23/2016 Charge(s): 1,2 HEARING - ARRAIGNMENT HA ON 08/23/2016
08/25/2016 WARRANT - $2,000.00 FOR FAILURE TO APPEAR ORDERED ON 08/23/2016 LANCE WALKER , JUSTICE 4TH TUESDAY OF THE MONTH AT 8:30AM. 08/25/2016 WARRANT- $2,000.00 FOR FAILURE TO APPEAR ISSUED ON 08/25/2016
4TH TUESDAY OF THE MONTH AT 8:30AM. 09/01/2016 Charge(s): 1,2 HEARING - ARRAIGNMENT RET UNDELIVERABLE ON 09/01/2016 JIM PAUL TURCOTTE, ASSISTANT CLERK NO SUCH NUMBER 10/14/2016 WARRANT - FOR FAILURE TO APPEAR EXECUTED BY AGENCY ON 10/14/2016 at 10:40 a.m.
10/17/2016 Charge(s): 1,2 HEARING - ARRAIGNMENT SCHEDULE OTHER COURT ON 11/22/2016 at 08:30 a.m. in Room No. 1
PORSC 10/17/2016 BAIL BOND - $2,000.00 CASH BAIL BOND FILED ON 10/17/2016
Bail Receipt Type: CR Bail Amt: $2,000 Receipt Type: CK Date Bailed: 10/14/2016 Prvdr Name: MARK MALONEY CR-200 Page l of 4 Printed on: 05/03/2017 GREGORY D RODERICK CUMCD-CR-2016-04730 DOCKET RECORD Rtrn Name: MARK MALONEY 409 3RD PARTY DOB 3-7-53 BAIL DISBURSEMENT ON 04/05/2017 Check No. 32709 Check Amount: 1,500.00 Paid To: MARK MALONEY FORWARD ED TO BAIL PROVIDER
J 1/22/2016 Charge(s): 1,2 HEARING - ARRAIGNMENT HELD ON 11/22/2016 MARIA WOODMAN ,JUDGE DA: TRACY GORHAM Defendant Present in Court DEFENDANT INFORMED OF CHARGES. FTRl 11/22/2016 Charge(s): 1,2 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 11/22/2016 MARIA WOODMAN , JUDGE ll/22/2016 Charge(s): 1,2 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 01/26/2017 at 02:00 p.m. in Room No. 7
11/22/2016 Charge( s): 1,2 TRIAL- JURY TRIAL SCHEDULED FOR 04/24/2017 at 08:30 a.m. in Room No. 11
NOTICE TO PARTIES/COUNSEL 11/22/2016 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 11/22/2016 MARIA WOODMAN , JUDGE COPY TO PARTIES/COUNSEL 11/22/2016 Party(s): GREGORY D RODERICK ATTORNEY - APPOINTED ORDERED ON 11/22/2016
Attorney: LAWREN CE WINGER 12/09/2016 Charge(s): 1,2 TRIAL- JURY TRIAL NOT HELD ON 12/07/2016
12/28/2016 LETTER - FROM PARTY FILED ON 12/28/2016
Attorney: LA WREN CE WINGER CHANGE OF ADDRESS FROM ATTORNEY. NEW ADDRESS 75 PEARL STREET SUITE 460 PORTLAND ME. 01/26/2017 Charge(s): 1,2 HEARING - DISPOSITIONAL CONFERENCE HELD ON 01/26/2017 NANCY MILLS, JUSTICE Attorney: LAWREN CE WINGER DA: MEGHAN CONNELLY CONF HELD, OFFER MADE. CASE UNRESOLVED. MOTION TO DISMISS FILED. HEARING TO BE SET FOR 3-14 01/26/2017 MOTION - MOTION TO DISMISS FILED BY DEFENDANT ON 01/26/2017
Attorney: LAWREN CE WINGER 01/26/2017 HEARING - MOTION TO DISMISS SCHEDULED FOR 03/14/2017 at 01:00 p.m. in Room No.
NOTICE TO PARTIES/COUNSEL 01/26/2017 Charge(s): 1,2 TRIAL- JURY TRIAL SCHEDULED FOR 04/24/2017 at 08:30 a.m. in Room No. 11
CR-200 Page 2 of 4 Printed on: 05/03/2017 GREGORY D RODERICK CUMCD-CR-2016-04730 DOCKET RECORD NOTICE TO PARTIES/COUNSEL 02/08/2017 OTHER FILING - OTHER DOCUMENT FILED ON 02/08/2017
Attorney: LA WREN CE WINGER DEFENDANT'S MEMORANDUM IN SUPPORT OF MOTION TO DISMISS 03/10/2017 HEARING - MOTION TO DISMISS NOTICE SENT ON 03/10/2017
03/15/2017 HEARING - MOTION TO DISMISS CONTINUED ON 03/15/2017
INCLEMENT WEATHER 03/15/2017 HEARING - MOTION TO DISMISS SCHEDULED FOR 04/11/2017 at 01:00 p.m. in Room No.
NOTICE TO PARTIES/COUNSEL 03/15/2017 HEARING - MOTION TO DISMISS NOTICE SENT ON 03/15/2017
03/22/2017 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 03/21/2017
03/22/2017 HEARING - MOTION TO AMEND BAIL SCHEDULED FOR 03/28/2017 at 01:00 p.m. in Room No.
NOTICE TO PARTIES/COUNSEL 03/22/2017 HEARING - MOTION TO AMEND BAIL NOTICE SENT ON 03/22/2017
03/24/2017 HEARING - MOTION TO AMEND BAIL CONTINUED ON 03/24/2017
NO COURT ON 3-28-17. ATTORNEY NOTIFIED VIA PHONE. 03/24/2017 HEARING - MOTION TO AMEND BAIL SCHEDULED FOR 04/04/2017 at 01:00 p.m. in Room No.
NOTICE TO PARTIES/COUNSEL 03/24/2017 HEARING - MOTION TO AMEND BAIL NOTICE SENT ON 03/24/2017
04/05/2017 HEARING - MOTION TO AMEND BAIL HELD ON 04/04/2017 JED FRENCH , JUDGE DA: JONATHANSAHRBECK FTR l 04/05/2017 MOTION - MOTION TO AMEND BAIL GRANTED ON 04/04/2017 JED FRENCH , JUDGE COPY TO PARTIES/COUNSEL BAIL REDUCED TO $500 04/05/2017 BAIL BOND - $500.00 CASH BAIL BOND AMENDED ON 04/04/2017 JED FRENCH , JUDGE Attorney: LA WREN CE WINGER DA: JONATHANSAHRBECK FTR 1 Date Bailed: 10/14/2016 409 3RD PARTY DOB 3-7-53 BAIL DISBURSEMENT ON 04/05/2017 Check No. 32709 Check Amount: 1,500.00 Paid To: MARK MALONEY FORWARDED TO BAIL PROVIDER
04/12/2017 Charge(s): 1,2 TRIAL- JURY TRIAL NOT HELD ON 04/11/2017
CR-200 Page 3 of 4 Printed on: 05/03/2017 GREGORY D RODERICK CUMCD-CR-2016-04730 DOCKET RECORD 04/12/2017 HEARING - MOTION TO DISMISS HELD ON 04/11/2017 in Room No. PAUL A FRITZSCHE , JUSTICE Attorney: LA WREN CE WINGER DA: BRENDAN O'BRIEN ST ATE WITH SUBMIT ORDER BY THE 25TH, DEF HAS 2 DAYS TO SUBMIT REPLY TO J. FRITZCHE NEW TRIAL DATE IN JUNE 04/12/2017 TRIAL - JURY TRIAL SCHEDULED FOR 06/12/2017 in Room No. 11
NOTICE TO PARTIES/COUNSEL 04/26/2017 OTHER FILING - OTHER DOCUMENT FILED ON 04/24/2017
STATE'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS 04/27/2017 OTHER FILING - OTHER DOCUMENT FILED ON 04/27/2017
Attorney: LA WREN CE WINGER DEFENDANT'S REPLY MEMORANDUM 05/03/2017 MOTION - MOTION TO DISMISS DENIED ON 05/01/2017 PAUL A FRITZSCHE, JUSTICE COPY TO PARTIES/COUNSEL PLEASE SEE ORDER IN FILE 05/03/2017 Charge(s): 1,2 ORDER - COURT ORDER FILED ON 05/01/2017 PAUL A FRITZSCHE, JUSTICE ORDER ON DEFENDANT'S MOTION TO DISMISS 05/03/2017 Charge(s): 1,2 ORDER - COURT ORDER ENTERED ON 05/01/2017
A TRUE COPY ATTEST: - - - - - - - - - - - Clerk
CR-200 Page 4 of 4 Printed on: 05/03/2017