State of Maine v. Russell
Opinion
STATE OF MAINE SUPERIOR COURT KENNEBEC, SS. CRIMINAL ACTION Docket No. CR-11-q~~ N)M..t\- k:..B N - S;llf; WI 2._ STATE OF MAINE
v. ORDER ON MOTION TO SUPPRESS STATEMENTS
JACOB D. RUSSELL,
Defendant
The court had on this date the opportunity to listen to the audio recording. The
court has also reviewed the transcript of the testimony of Detective Kenneth MacMaster
taken on January 5, 2012, and has also considered the medical record of the defendant
over State's objection (Sebasticook Valley Hospital E.R. Note, Dr. Tritch, appended to
defense memoranda). The court has also considered the parties written arguments.
The State must prove that the statements made to Detective MacMaster were
voluntary beyond a reasonable doubt. State v. Curtis, 552 A.2d 530 (Me. 1988). The
court must look at the "totality of the circumstances" to determine if the statements are
"the result of defendant's exercise of his free will and rational intellect." State v. Smith,
615 A.2d 1162 (Me. 1992); State v. Caouette, 446 A.2d 1120, 1123-24 (Me. 1983).
The court finds that the statements were voluntary beyond a reasonable doubt.
The defendant, while tired and at times and emotional, gave answers that were
responsive and intelligible. He readily engaged with the officer. He did not seek relief
from conditions or ask for any assistance. While the officer was aggressive at times in
his questioning, and accusatory, the court finds that he was not coerced into making
statements. The defendant himself turned off the machine when he no longer wanted
to answer questions.
The entry will be:
Motion to Suppress Statements is DENIED.
M. Michaela Murphy Justice, Maine Superior Court
STATE OF MAINE SUPERIOR COURT VS KENNEBEC, ss.
JACOB RUSSELL Docket No AUGSC-CR-2011-00378 PO BOX 160 BASS HARBOR ME 04653 DOCKET RECORD
DOB: 03/31/1985 Attorney: LISA WHITTIER State's Attorney: EVERT FOWLE LAW OFFICE OF LISA W D WHITTIER, ESQ 72 WINTHROP STREET SUITE 2 AUGUSTA ME 04330 APPOINTED 05/25/2011
Attorney: WILLIAM BAGHDOYAN WILLIAM BAGHDOYAN, ATTORNEY AT LAW 72 WINTHROP STREET SUITE 2 AUGUSTA ME 04330 APPOINTED 04/03/2012
Filing Document: CRIMINAL COMPLAINT Major Case Type: FELONY (CLASS A,B,C) Filing Date: 05/23/2011
Charge(s)
1 DRIVING TO ENDANGER 0512212011 AUGUSTA Seq 1232 29-A 2413 (1) Class E WALKER I AUG 2 AGGRAVATED CRIMINAL MISCHIEF 0512212011 AUGUSTA Seq 779 17-A 805 (1) (A) Class C WALKER I AUG 3 FAILING TO NOTIFY OF MOTOR VEHICLE 0512212011 AUGUSTA ACCIDENT Seq 1186 29-A 2255 (1) Class E WALKER I AUG 4 THEFT BY UNAUTHORIZED TAKING OR TRANSFER 0512212011 AUGUSTA Seq 8427 17 -A 353 (1) (B) (4) Class C WALKER I AUG 5 BURGLARY OF A MOTOR VEHICLE 0512212011 AUGUSTA Seq 10928 17-A 405(1) (A) Class D WALKER I AUG 6 OPERATE WHILE LICENSE SUSPENDED OR 0512212011 AUGUSTA REVOKED, PRIOR Seq 9891 29-A 2412-A(1-A) (D) Class E WALKER I AUG 7 BURGLARY OF A MOTOR VEHICLE 0512212011 AUGUSTA Seq 10928 17-A 405(1) (A) Class D WALKER I AUG 8 THEFT BY UNAUTHORIZED TAKING OR TRANSFER 0512212011 AUGUSTA Seq 8423 17 -A 353 ( 1) (A) Class E Charged with INDICTMENT on Supplem
CR 200 Page 1 of 8 Printed on: 05/08/2012
JACOB RUSSELL
AUGSC-CR-2011-00378
DOCKET RECORD
9 DRIVING TO ENDANGER 0512212011 AUGUSTA Seq 1232 29-A 2413 {1) Class E Charged with SUPERSEDING INDICTMEN MACMASTER I MFM 10 THEFT BY UNAUTHORIZED TAKING OR TRANSFER 0512212011 CHINA Seq 8427 17-A 353 {1) {B) {4) Class C Charged with SUPERSEDING INDICTMEN MACMASTER I MFM 11 BURGLARY OF A MOTOR VEHICLE 0512212011 CHINA Seq 10928 17-A 405 {1) {A) Class D Charged with SUPERSEDING INDICTMEN MACMASTER I MFM 12 THEFT BY UNAUTHORIZED TAKING OR TRANSFER 0512212011 WINSLOW Seq 8427 17-A 353 {1) {B) {4) Class c Charged with SUPERSEDING INDICTMEN MACMASTER I MFM 13 BURGLARY OF A MOTOR VEHICLE 0512212011 WINSLOW Seq 10928 17-A 405 {1) {A) Class D Charged with SUPERSEDING INDICTMEN MACMASTER I MFM
Docket Events:
05/23/2011 FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON 05/23/2011
05/23/2011 Charge(s): 1,2,3,4,5,6,7 HEARING- INITIAL APPEARANCE SCHEDULED FOR 05/23/2011 at 01:00p.m.
NOTICE TO PARTIES/COUNSEL 0 5 I 2 4 I 2 o11 Charge ( s) : 1 , 2 , 3 , 4 , 5 , 6 , 7 HEARING - INITIAL APPEARANCE HELD ON 05/23/2011
05/24/2011 Charge(s): 1,2,3,4,5,6,7 HEARING - STATUS CONFERENCE SCHEDULED FOR 07/26/2011 at 10:00 a.m.
05/24/2011 Charge(s): 1,2,3,4,5,6,7 PLEA - NO ANSWER ENTERED BY DEFENDANT ON 05/23/2011
05/24/2011 BAIL BOND- $10,000.00 CASH BAIL BOND SET BY COURT ON 05/23/2011 M MICHAELA MURPHY , JUSTICE OR 100,000.00 SURETY NO USE OR POSSESSION OF INTOXICANTS AND RANDOM SEARCH AND TEST FOR THE SAME. NO CONTACT WITH DEBRA GOSSELIN, KENNETH AND LINDA WARD AND JONATHAN WOODS NOT TO OPERATE A M/V WITH A VALID LICENSE. MAY BE REVIEWED.
05/24/2011 Charge(s): 1,2,3,4,5,6,7 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 05/23/2011
05/25/2011 Charge(s): 1,2,3,4,5,6,7 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 05/25/2011 M MICHAELA MURPHY , JUSTICE COPY TO PARTIES/COUNSEL
05/25/2011 Party(s): JACOB RUSSELL ATTORNEY - APPOINTED ORDERED ON 05/25/2011 CR 200 Page 2 of 8 Printed on: 05/08/2012
JACOB RUSSELL
AUGSC-CR-2011-00378
DOCKET RECORD
Attorney: LISA WHITTIER
05/25/2011 Charge(s): 1,2,3,4,5,6,7 HEARING - STATUS CONFERENCE NOTICE SENT ON 05/25/2011
06/24/2011 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 06/23/2011
06/28/2011 HEARING - MOTION TO AMEND BAIL SCHEDULED FOR 07/07/2011 at 09:00 a.m.
NOTICE TO PARTIES/COUNSEL 07/07/2011 HEARING - MOTION TO AMEND BAIL HELD ON 07/07/2011 JOHN NIVISON , JUSTICE Defendant Present in Court 07/07/2011 MOTION - MOTION TO AMEND BAIL DENIED ON 07/07/2011 JOHN NIVISON , JUSTICE COPY TO PARTIES/COUNSEL MAY BE REVIEWED IF MORE INFORMATION IF FILED REGARDING IN-PATIENT TREATMENT 07/26/2011 Charge(s): 1,2,3,4,5,6,7 HEARING - STATUS CONFERENCE HELD ON 07/26/2011 JOHN NIVISON , JUSTICE Attorney: LISA WHITTIER DA: BRAD GRANT Reporter: TAMMY DROUIN Defendant Present in Court 07/26/2011 Charge(s): 1,2,3,4,5,6,7 HEARING - STATUS CONFERENCE SCHEDULED FOR 08/09/2011 at 10:00 a.m.
07/26/2011 Charge(s): 1,2,3,4,5,6,7 HEARING - STATUS CONFERENCE NOTICE SENT ON 07/26/2011
07/29/2011 Charge(s): 1,2,3,4,5,6,7 HEARING - STATUS CONFERENCE NOT HELD ON 07/28/2011
07/29/2011 Charge{s): 1,2,3,4,5,6,7,8 SUPPLEMENTAL FILING - INDICTMENT FILED ON 07/28/2011
07/29/2011 Charge{s): 1,2,3,4,5,6,7,8 HEARING - ARRAIGNMENT SCHEDULED FOR 08/09/2011 at 08:30 a.m.
07/29/2011 Charge(s): 1,2,3,4,5,6,7,8 HEARING - ARRAIGNMENT NOTICE SENT ON 08/01/2011
08/09/2011 MOTION - MOTION FOR MENTAL EXAMINATION FILED BY DEFENDANT ON 08/08/2011
08/09/2011 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 08/08/2011
08/09/2011 Charge(s): 1,2,3,4,5,6,7,8 HEARING - ARRAIGNMENT HELD ON 08/09/2011 M MICHAELA MURPHY , JUSTICE Defendant Present in Court
READING WAIVED. DEFENDANT INFORMED OF CHARGES. COPY OF INDICTMENT/INFORMATION GIVEN TO DEFENDANT. 21 DAYS TO FILE MOTIONS 08/09/2011 Charge(s): 1,2,3,4,5,6,7,8 CR 200 Page 3 of 8 Printed on: 05/08/2012
JACOB RUSSELL
AUGSC-CR-2011-00378
DOCKET RECORD
PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 08/09/2011
08/09/2011 Charge{s): 1,2,3,4,5,6,7,8 TRIAL - DOCKET CALL SCHEDULED FOR 10/04/2011 at 03:00 p.m.
08/15/2011 MOTION - MOTION FOR MENTAL EXAMINATION GRANTED ON 08/10/2011 M MICHAELA MURPHY , JUSTICE COPY SENT TO STATE FORENSIC SERVICE 08/30/2011 LETTER - FROM NON-PARTY FILED ON 08/26/2011
NOTICE FILED BY STATE FORENSIC SERVICE INDICATING COMPETENCY EXAM SCHEDULE FOR 9/6/11 AT 8:30AM.
09/22/2011 PSYCHIATRIC EXAM - COMPETENCY EVALUATION REPORT FILED ON 09/22/2011
COMPETENCY REPORT FILED IMPOUNDED. COPY GIVEN IN HAND TO ATTY WHITTIER ON 10/31/11.
09/26/2011 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 09/23/2011
Attorney: LISA WHITTIER
09/28/2011 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 09/28/2011
Attorney: LISA WHITTIER
09/28/2011 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 09/28/2011
Attorney: LISA WHITTIER
10/05/2011 MOTION - MOTION TO CONTINUE GRANTED ON 10/04/2011 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL
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