STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss. :,..i. CRIMINAL ACTION Oi DOCKET NO. CR-15-2677 ,,.,.. "Tl :i:
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STATE OF MAINE
v. ORDER ON MOTION TO SUPPRESS
DANIEL WHEATLEY
Introduction
Pending is Daniel Wheatley's motion to suppress evidence arising out of
statements made by him to Detective Daniel L. Violette of the Westbrook Police
Department on January 14, 2015 concerning sexual contact from the period of 1991 to
1998 with Travis, when Travis was under 14-years of age.1 Wheatley is charged with
eight counts of gross sexual assault, Class A, 17-A M.R.S.A. § 253(1)(B). Wheatley
alleges in his motion that any statements he made were involuntary and made in the
absence of the Miranda warnings under Miranda v. Arizona, 384 U.S. 436. 478-79, 86 S.
Ct. 1602, 16 L. Ed. 694 ( 1966). Wheatley relies in part on the fact that he is of below-
average intelligence and was ill, throwing up at least six times during the interview. His
motion raises questions about his ability to comprehend the circumstances and able to
voluntarily make a statement.
At the hearing on the motion to suppress, the State presented three witnesses,
Peter Donnelly, Psy.D. and Detectives Violette and Desjardins of the Westbrook Police
1 Travis was a minor at the time ofthe criminal charges, but he is now an adult in his twenties. Daniel Wheatley believes to a 99.9% certainty that he is Travis' father and there was no evidence to the contrary. This matter became uncovered as a result of Travis's attempt, as an adult, to learn who his parents are. Although Daniel Wheatley' s sister is Travis' mother, Mr. Wheatley's mother raised Travis. Travis and Daniel Wheatley were very close companions throughout most of Travis' life.
1 Department. The parties also stipulated to the admission of the forensic evaluation of Mr.
Wheatley as well as a three-part audio/video police interview of Mr. Wheatley. After
considering all of the evidence, this court concludes for the reasons set forth below that
the motion to suppress is granted.
Discussion
The record contains these facts bearing upon voluntariness of Wheatley's
statement. The court focuses on voluntariness because the detectives did not advise
Wheatley of his Miranda rights and that omission relates directly to Wheatley's ability to
understand whether he was in custody or subject to interrogation and hence capable of
voluntarily making a statement
Detectives Violette and Desjardins went to Wheatley's residence, dressed in plain
clothes and identified themselves as detectives with the Westbrook Police Department.
They stated that they wanted to talk to Wheatley "about a matter they were investigating
relating to Travis." The detectives inquired whether he would come to the Public Safety
Building to speak with the detectives. Once Wheatley said he would, the Detectives left.
Just before they left, Wheatley asked whether he would need a lawyer. Detective
Violette responded, "It is up to you." Detective Desjardin queried, "Why, do you need
one?" Wheatley experienced the detectives' responses as confrontational. At no time,
either at the residence or during the interview at the station, did the detectives advise
Wheatley of the rights described in Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16
L. Ed. 2d 694 (1966).
After speaking with the officers, Wheatley showered, shaved and drove to the
Westbrook Public Safety Building where Detective Violette met him in the vestibule of
2 I-
the Building. Detective Violette escorted him to the interview room in the Criminal
Investigation Office. The interview room was 12 x 12, with one door and a table with
three chairs. The room was equipped with audio and video recording devices, which
were activated without Wheatley's knowledge. Detective Desjardins monitored the
interview in the monitoring room.
Detective Violette closed the door, stating "I closed the door for your privacy;
don't want you to feel trapped in here." Violette told him that he met with Travis and
wanted to discuss "stuff'' reported by Travis yesterday. He told Wheatley that they
discussed generally everything from when he was a child to the present. Violette stated
that the discussion with Travis focused on Wheatley; revolved around Travis and
Wheatley's relationship; and about Travis's mother being Wheatley's sister Ann. Violette
advised Wheatley that Travis reported you and him were involved in sexual relations for
an extended period of time. Violette told Wheatley, "Help me understand." Wheatley
responded, "I know nothing about this. I took care of him since he was in diapers."
Violette inquired, whether Wheatley was Travis' father. When Wheatley responded, "I
don't know", Detective Violette inquired, "is it don't know or don't want to talk about
it?" Wheatley responded, "Possibly both." Wheatley's facial expressions disclosed an
anguished or troubled individual as the interview proceeded. Violette told Wheatley that
Travis wanted to talk about that, that you or one of your brothers is his father. Detective
Violette advised Wheatley, for the first time, he wants to help Travis find closure on that
issue.
Occasionally during the few times Wheatley spoke during the interview,
Wheatley moved off topic,_such as discussing whether Travis has limitations. The
3 Detective sat to Wheatley's left and did most of the talking. Wheatley looked away from
the Detective, staring off into the distance over his right shoulder. Wheatley went off
topic again when Travis' girlfriend was mentioned. Violette brought him back on topic
by stating, "Travis talked about the unusual relationship you have with each other; that is
the focus of conversation with him and what I want to discuss with you." Detective
Violette emphasized he was "on a quest for the truth." Throughout the interview, Violette
continued to do most of the talking, repeating his statements and lecturing Wheatley on
how he wants the truth from Wheatley.
Wheatley finally said, "I told him I could be his father," immediately throwing up,
grabbing his stomach. Wheatley vomited at least six times during the hour and half
interview, making contortions with his body, gagging, and appearing to be ill. At no time
did Wheatley ask for help, nor did the officers offer him any help or stop the interview
for him to calm down and gather himself. Indeed sometimes Detective Violette talked
over Wheatley's vomiting. Finally Wheatley reported he told Travis that he was 99.9%
sure he is his father.
Detective Violette moved on to their special relationship, stating ''you grew up
almost like brothers; there was a fair amount of sexual contact. Travis said started when
6-7 years old in his mom's house. Travis said the last time this occurred was in 2012."
Wheatley's response was, "I don't know where this is coming from." Wheatley continued
to deny any knowledge of these allegations of Travis. Detective Violette repeated that he
is having a hard time believing that Travis made this up. Violette repeated, "My goal is
to find out the truth about everything. Everything Travis said appeared to the truthful."
4 About halfway through the interview Detective Desjardins entered to emphasize
the need for Wheatley to tell the truth. Desjardins commented that obviously Wheatley
was very stressed, throwing up when he came clean, and telling Wheatley that the truth
about his sexual contact with Travis was the next hurdle he needed to overcome.
Wheatley remained silent throughout Detective Desjardins' lecture. Desjardins repeated
that Wheatley needed to tell the truth. When Wheatley vomited again, Desjardins left the
room. Wheatley remained sullen and anguished throughout most of the interview.
Violette advised Wheatley, "You are going to tell the truth before you leave this ·
building." In responding to Violette' s repeated questions, Wheatley finally admitted,
"The sex was consensual and never was anything forced upon Travis." Violette repeated
to Wheatley, "We can't get closure until you get the weight of this off your shoulders. No
more secrets." Violette continued to do the talking. Eventually Wheatley asked, "What
else did Travis say?" When Violette responded, "The last time was in 2012", Wheatley
interrupted stating, "No. 2013 moved in with me."
Violette switched gears, telling Wheatley, "Travis went into court and filed
paperwork against you; this isn't going away; so the truth is going to come out; it is time
to put the skeleton on the table." When Violette asked again when was the last sex act,
Wheatley responded, "Am I boned right now? Am I f---ed?"
Violette switched gears asking whether first time with Travis was 6 or 7?
Wheatley responded, "You are trying to make me say something. What is going to
happen if I say yes?" Violette advised him, for the first time, "You are not going to be
arrested today no matter what you tell me." Violette repeated that he is just trying to get
information. Violette repeated that Travis is filing with the court, and the court is going
5 to open case and "if he tells court you forced him, you will be in trouble." Violette
reported to Wheatley, "Travis said he thought this was how family members expressed
love and it felt good," and then reminded Wheatley, "the truth will set you free."
Wheatley responded by vomiting again. Wheatley was demonstrably in great distress. As
Wheatley was actively vomiting, Violette told him, "This is a hard conversation but this
is an opportunity to set things right."
At one point late in the interview, Violette advised Wheatley that when he leaves
this room, he would leave the building and drive home. "Your coming to day was
voluntary. This is your opportunity to tell your story. You are not going to be arrested
today." Violette told Wheatley he is going to have to tell this information to the court.
Wheatley asked, "After it goes to court, do I go to trial and then I go to jail?" Violette
assured him "nobody is going to court or jail today." Violette stated he is just collecting.
information so the court can make a decision. Violette advised him, for the first time, that
Travis is going to get a protective order from the court because Travis is afraid that
Wheatley will hurt him because of what he reported about Wheatley. At this point,
Wheatley appeared passive, disengaged. Wheatley did not provide information, but
simply responded ''yes", "no" or "I don't know." Violette continued talking repeatedly,
finally asking again, "When was the first sexual contact." Wheatley responded, "I don't
know." Violette asked was he living at Bridgton Road, to which Wheatley finally
responded, "Yes." At another point, Violette noticed that he was losing contact with
Wheatley and stated, "Wheatley come back and pay attention to what we are talking
about here." Violette then returned to talking about Wheatley' s need to disclose and tell
the truth. Violette asked again, " How old when sexual contact? When was last time?"
6 Wheatley responded, "Don't know" to both questions. Violette said again, "Daniel pay
attention. You don't want to remember:" Violette continued to work on Wheatley
repeating many of the things he previously said. Wheatley was in a very distressed state.
Violette told him, "If you get this story out, you will not be throwing up because the
poison will be out of you." ·
Wheatley finally conceded that "sex may have started at age 13" and said "it may
have happened in Biddeford," but he didn't remember his mum catching them or it
occurring in his mother's basement. Wheatley wrestled with what he could remember and
what he could not remember. He said his wife doesn't know. Violette returned to his line
of questioning, and asked, ''Never threatened him, always consensual. Both wanted to do
it?" Wheatley answered, ''yes" to this question and then said, "everyone is going to want
me dead." Violette lectured him again about establishing "Travis' genealogy and telling
the truth." Wheatley again asked, "What is going to happen today? Will I get arrested?"
Violette assured him again that no matter what he says, he is not going to be arrested
today.
Near the end of the interview, Desjardins reentered the room. The detectives
continued to question Wheatley about other people with whom he may have had sex.
Wheatley continued to answer, "no," "maybe," "not positive, my son." When asked if his
son reported the truth, Wheatley answered, " Yeah." He held his head in his hands, looked
away, hung his head down. When Desjardins asked Daniel, why, Daniel responded,
"Don't know why any of this happened." When Desjardins asked Wheatley whether he
was sexually abused as a child, Wheatley responded, " Yes, by my sister." Wheatley again
vomited. Desjardins kept talking through Daniel's wretching.
7 Finally, as the detectives tried unsuccessfully to get Daniel's father's address and
his mother's telephone number, the detectives could not understand why Daniel could
not answer these simple questions so they asked, whether he has been diagnosed with a
mental illness? When Desjardins asked "mind if I look at your phone, Wheatley just
handed the phone over and put his head down on his arm on the table. The detectives
continued to question Wheatley, and he admitted to a few things with ''yes" answers, but
quickly returned to, "What will people think of me? Will I go to jail today?" Wheatley
expressed concern that something would happen to his dad, although he denied that
anything ever happened between him and his dad. The interview ended shortly thereafter.
Dr. Donnelly assessed Wheatley's mental state and emotional functioning to
address issues of competency to voluntarily render statements. The assessment,
including administration of various tests, lasted four hours. Mr. Wheatley is a 46-year
old man who graduated from high school with a history of special education and
dyslexia. He has worked maintenance for local businesses most of his life. He has no
psychiatric history or criminal history. On the Wechsler Adult Intelligence Scale, he
obtained an average score on perceptual abilities with borderline verbal comprehension
skills. Learning disabilities in the language area were identified. His most pronounced
area of deficit was his working memory, which was in the mildly impaired range. It was
most difficult for him to retain information in his head and to operate on it. His general
information processing speed was in the low average range. His overall scores resulted in
intellectual functioning in the lowe~t end of the low average range.
Dr. Donnelly also expressed that Wheatley has substantially more difficulty with
verbal reasoning, which is in the borderline range, as well as in expressive vocabulary,
8 which was his weakest score. He was identified as a hands-on learner, having had
variable scores in the perceptual reasoning domain. His scores were quite depressed in
the working memory area. These deficiencies could explain why even though he was told
he would not go to jail, he continued to fear that he would be arrested that day.
On the reading and spelling tests of the Wide Range Achievement Test, his ability
to read was at the 2.4 grade level and his ability to spell was at the 1.2 grade level.
Finally, on the Minnesota Multiphasic Personality Inventory, he has a likely
history of gastrointestinal problems. He may be prone to developing physical symptoms
in response to stress. According to Dr. Donnelly, Wheatley reported a diffuse pattern of
cognitive difficulties and complained about memory problems, have a low frustration of
tolerance, did not cope well with stress, and experienced difficulties in concentrating. Dr.
Donnelly concluded, from the testing, that Wheatley' s results were not suggestive of a
major mental illness but of conditions related to somatoform disorder, or disorders that
involved excessive stress and worry and possible suspicious thinking.
In evaluating Wheatley's free will and rational intellect, Dr. Donnelly stated his
learning disabilities may well have played a role in his appreciation of the police
interview process and his rights. He is "of low average intelligence with learning
disabilities in the language area, including dyslexia, and with executive functioning
problems that interfere with his concentration and short-term recall." Because of his
concrete thinking, he may have had difficulties understanding the larger concept and
implications for new situations. He was not particularly thinking about his need for a
lawyer for his own purposes, thinking instead at the time he asked the officers whether he
needed an attorney that the officers' questions would relate to Travis and his girlfriend' s
9 difficulties. Wheatley was not aware that he did not have to go to the police station, he
was not aware that he did not have to answer their questions and he was not aware that he
was free to leave at any time. Wheatley did not begin to be concerned about his own
situation and what was happening to him until midway through the interview.
Wheatley's free will may have been impaired by his suspicious thinking that ifhe
did attempt to leave the he might be pepper sprayed to tazed, and that he might be tricked
by the detectives. This is consistent with some findings on the psychological testing that
indicated paranoid tendencies in his thinking with regard to the intentions of other people.
His becoming physically ill was also consistent with psychological test findings that
suggest he has a tendency to convert stress into physical symptoms. It did not occur to
him when he became ill that he could ask to leave or stop the interview. Dr. Donnelly
also opined that Mr. Wheatley has a limited cognitive profile where he can be susceptible
to the manipulation of others. With regards to his police interview, and with his strategy
of wanting to get the interview over by answering all ofthe questions, "he may well have
felt pressed to answer questions, and he may have provided responses that were 'untrue'
and that he began to say 'yeah, yeah, yeah' to questions and statements made by
Detective Violet", just to get the interview over.
Dr. Donnelly stated, "Voluntariness in rendering statements, much like free will
and rational intellect, relate to the defendant' s internal state at the time of the police
contact." Dr. Donnelly concluded,
Mr. Wheatley, who is not experienced with police interaction and who has long term learning issues, likely did not fully appreciate the totality of the situation he was in, which likely affected the voluntariness of his participation. He did not recognize this as a situation in which initially he might be in any type of legal trouble. He did not recognize that he had rights in these types of situations to either leave, not to respond to questions, or ask for representation. When the questions turned to Travis Wheatley's allegations
10 r
against Mr. Wheatley, he described his emotional state as 'numb' and he said he 'froze'. Even at the point where he became violently ill, he did not recognize the interview setting as a situation in which he could chose not to respond to questions or ask for help. On the concept of knowing, Dr. Donnelly stated, "Mr. Wheatley did not initially
recognize that this was a situation where he might need or was entitled to legal
representation." Dr. Donnelly conceded that the police might not have recognized that
Mr. Wheatley had learning issues and that he might have benefited from a concrete
explanation of his rights during the interview. As the interview went on, Mr. Wheatley
became concerned that he would be arrested that day. It is at this point that the police
assured him that he would not be arrested and that he would be leaving the interview,
getting into his car and going home. Even with these assurances, Mr. Wheatley still
jumped to other conclusions internally. It is no wonder, given that Violette also told
Wheatley, "You are going to tell the truth before you leave this building."
He thought the police might be tricking him. For example, when the police asked
if he were on medications, he thought that they were concerned whether he was going to
need medications if they locked him up. He also misconstrued that he would go to jail,
then to court and be appointed a lawyer at that juncture. He was even afraid to bring up
again the question whether he needed a lawyer because he thought the detectives would
get upset with him.
With regard to intelligence, Dr. Donnelly said that "intelligent is
conceptualized in the forensic psychological literature as involving whether the provision
of statements to the police was the product to rational understanding of the consequences
and implications of making such statements." He concluded that in Mr. Wheatley's case,
[I]t does not appear that he understood the questions being asked and was able to supply answers. However, he did not appear to recognize the consequences and implications of making such statements. Midway through the interview he began
11 to understand that he could be in 'big trouble' because of what was being alleged. It appears that his emotional stress response, his learning disabilities, and his compliance strategy ofjust answering questions in order to get them all answered and get the interview over combined to interfere with his ability to fully grasp the consequences of his judgment at that time. Given the seriousness of the allegations that he was being confronted with, notwithstanding his vomiting on numerous occasions, and having awareness that he could be in 'big trouble', at no time during this process did Mr. Wheatley feel he could request a lawyer or did not need to ari.swer questions. This suggests that his ability to apply his basic intellectual capacity to appreciate the consequences of his participation in this interview was substantially limited."
Miranda Warnings
"In order for statements made prior to a Miranda warning to be admissible, the
State must prove, by a preponderance of the evidence, that the statements were made
while the person was not in custody, or was not subject to interrogation." State v. Hassan,
2007 ME 77, ,r 1, 925 A.2d 625, 628 (quotation marks and emphasis omitted). Even if
Wheatley was not in custody, he was nevertheless subject to interrogation. Indeed,
Wheatley continued to believe that he would be arrested, that he was going to jail, then to
court and then he would get a court appointed attorney. He also did not understand that
he could leave at any time. Indeed, he understood that he would not leave until he told the
truth.
In determining whether a person was "in custody," the ultimate inquiry is whether
a reasonable person standing in the shoes of the defendant would have felt he or she was
not at liberty to terminate the interrogation and leave or if there was a restraint on
freedom of movement of the degree associated with a formal arrest." Id. ,r 2. The court' s
analysis of this issue is an objective one, guided by a number of factors, which the court
considers in their totality. See State v. Michaud, 1998 ME 251, ,r 4, 724 A.2d 1222, 1226.
Viewing the facts established at the suppression hearing in light of the Michaud
12 (
factors 2, Wheatley was interviewed by primarily one detective in a small interview room
without any breaks even though he threw up at least six times during a one and one-half
hour interview. The detectives had probable cause to arrest based on Travis' statements
from the day before. The detectives did not tell Wheatley until well into the interview that
he would leave at the end of the interview. And even though the detectives finally got
around to telling Wheatley this, Wheatley continued to believe that he would be arrested,
taken to court and then given a court appointed attorney. And, even though the detective
told Wheatley he would be free to leave, this was in direct contrast to Detective Violette' s
statement to Wheatley, "You are going to tell the truth before you leave this building."
Wheatley's concerns about what would happen to him were a product of his limited
abilities. A reasonable person standing in the shoes of Mr. Wheatley and possessing
ordinary intelligence would not have felt he was not at liberty to terminate the
interrogation and leave or there was a restraint on freedom of movement of the degree
associated with a formal arrest. Wheatley, on the other hand, had borderline verbal
comprehension skills, learning difficulties in the language area, borderline range in verbal
reasoning and in expressive vocabulary, was in the mildly impaired range of having a
2 The objective Michaud factors are as follows: (1) the locale where the defendant made the statements; (2) the party who initiated the contact; (3) the existence or non-existence ofprobable cause to arrest (to the extent communicated to the defendant); (4) the subjective views, beliefs, or intent that the police manifested to the defendant, to the extent they would affect how a reasonable person in the defendant's position would perceive his or her freedom to leave; (5) subjective views or beliefs that the defendant manifested to the police, to the extent the officer's response would affect how a reasonable person in the defendant's position would perceive his or her freedom to leave; (6) the focus of the investigation (as a reasonable person in the defendant's position would perceive it); (7) whether the suspect was questioned in familiar surroundings; (8) the number of law enforcement officers present; (9) the degree of physical restraint placed upon the suspect; and (10) the duration and character of the interrogation.
13 I-
working memory, in the low average range in information processing range and in the
lowest range of low average range intellectual functioning. He also had conditions related
to somatoform disorder, resulting in cognitive difficulties, memory problems and
physical symptoms. Yet, this was an interrogation where the detective did most of the
talking, failed to see if Wheatley needed a break or medical assistance, continued to
interrogate Wheatley as he was wretching, and failed to ascertain or even wonder whether
Wheatley was oflimited mental capability. These were incomprehensible circumstances
unfamiliar to Wheatley. As Dr. Donnelly observed,
It appears that his emotional stress response, his learning disabilities, and his compliance strategy ofjust answering questions in order to get them all answered and get the interview over combined to interfere with his ability to fully grasp the consequences of his judgment at the time. Given the seriousness of the allegations that he was being confronted with, notwithstanding his vomiting on numerous occasions, and having awareness that he could be in 'big trouble', at no time during the process did Wheatley feel he could request a lawyer or did not need to answer questions. This suggests that his ability to apply his basic intellectual capacity to appreciate the consequences of his participation in this interview was substantially limited.
Under the totality of the circumstances, the state has failed to prove by a preponderance
of the evidence that Wheatley was not in custody or was not subject to interrogation.
Voluntariness
The burden is on the State to prove beyond a reasonable doubt that Wheatley' s
statements were voluntary. See State v. Sawyer, 2001 ME 88, 18, 772 A. 2d 1173. The
court must consider the totality of the circumstances in determining whether a confession
is voluntary. Id at 17. "In order to find a statement voluntary, it must first be
established that it is the result of defendant's exercise of his own free will and rational
intellect." Id. at 1 8 (citation omitted). Factors to consider in doing this analysis include
14 ,~
the following: details of the interrogation; duration of the interrogation; location of the
interrogation; whether interrogation was custodial; recitation of the Miranda warnings;
the number of officers involved; the persistence of the officers; police trickery; any
threats, promises or inducements made; and the defendant's age, physical and mental
health, emotional stability and conduct. Id. at ,r 9. "To be voluntary, a confession must
be the free choice of a rational mind, fundamentally.fair, and not a product of coercive ' police conduct." State v. Bryant, 2014 ME 94, ,r 16 (quoting State v. Nightingale, 2012
ME 132, ,r 17).
This court cannot say that Wheatley made a confession that was the free choice of
a rational mind, fundamentally fair and not a product of coercive police conduct.
Detective Violette conducted an interview of Wheatley that consisted primarily of
Detective Violette's statements of what Travis had reported and repeatedly asking
Wheatley whether is was true. For more than half of the interview, Wheatley, when he
spoke, denied the allegations. Detective Violette kept lecturing him to tell the truth,
telling him Travis' statements were truthful, telling him he did not believe Wheatley's
denials. Detective Violette emphasized the need to bring closure for Travis and to get the
family secrets out and how Wheatley would be relieved of the stress he was feeling if he
came clean. Meanwhile, Wheatley was repeatedly vomiting and the detectives were
talking at him and over his vomiting, without offering him any assistance. Although
Violette insisted he was just trying to get to the truth and help Travis find closure, his
questioning was accusatory and unceasing, even after he. got the answers that would help
Travis find closure. Throughout all of this, Wheatley did not understand that he could
15 stop the interview, leave the room or ask for an attorney. He was afraid to even ask for
an attorney because of his fears around the officers and what they would do to him.
According to Dr. Donnelly, Wheatley did not have the capacity to voluntarily
make a statement that was the product of his own free will and rational intellect. His
learning disabilities played a role in his appreciation of the police interview process and
his rights. His low average intelligence with learning disabilities in the language area and
his executive function problems interfered with his concentration and short-term recall,
all of which contributed to his difficulties understanding the larger concept and the
implication for new situations. This was a new situation for Wheatley. He was not aware
that he did not have to go; that he did not have to answer their questions; and that he was
free to leave at any time. When the interview turned to Travis' allegations, Wheatley's
internal process was to freeze and to become violently ill. He did not recognize the
, interview setting as a situation in which he could chose not to respond to questions or to
ask for help. His ability to apply his basic intellectual capacity in this interview was
substantially limited. Thus the state has failed to prove beyond a reasonable doubt that
Wheatley's statements were voluntary.
The entry will be: Defendant's motion to suppress is GRANTED. All statements made to Detective Violette and Desjardins are suppressed.
Date: April 28, 2016
16 STATE OF MAINE CR!MINAL DOCKET VS CUMBERLAND, s s . DANIEL WHEATLEY Docket No CUMCD-CR-2015-02677 26 ROWE AVENUE PORTLAND ME 04101 DOCKET RECORD
DOB: 04/13/1969 Attorney: WILLIAM MASELLI State's Attorney : STEPHANIE ANDERSON LAW OFFICE OF WILLIAM MASELLI 120 EXCHANGE ST 6TH FLOOR PORTLAND ME 04101 RETAI NED 06/16/2015
Filing Document: INDICTMENT Major Case Type: FELONY (CLASS A,B,C) Filing Date: 05/07/2015
Charge(s)
1 GROSS SEXUAL ASSAULT 01 /01/1991 WESTBROOK Seq 637 17-A 253 (1) (B) Class A Charged with INDICTMENT on Supple m
2 GROSS SEXUAL ASSAULT 01/01/1992 WESTBROOK Seq 637 17-A 253 (1) (B) Class A Charged with INDICTMENT on Supple m
3 GROSS SEXUAL ASSAULT 01/01/1993 WESTBROOK Seq 637 17-A 253 (1) (B) Class A Charged with INDICTMENT on Supp l em
4 GROSS SEXUAL ASSAULT 01/01/1994 WESTBROOK Seq 637 17-A 253 (1) (B) Class A Charged with INDICTMENT on Supple m
5 GROSS SEXUAL ASSAULT 01/01/1995 WESTBROOK Seq 637 17-A 253 (1) (B) Class A Charged with INDICTMENT on Su pple m
6 GROSS SEXUAL ASSAULT 01/01/1996 WESTBROOK Seq 637 17 - A 253 (1) (B) Class A Charged with INDICTMENT on Sup ple m
7 GROSS SEXUAL ASSAULT 01/01/1997 WESTBROOK Seq 637 17-A 253 (1) (B) Class A Charged with INDICTMENT on Supple m
8 GROSS SEXUAL ASSAULT 01/01/1998 WESTBROOK Seq 637 17-A 253 (1) (B) Class A Charged with INDICTMENT on Su pple m
Docket Events:
05/11/2015 FILING DOCUMENT - INDICTMENT FILED ON 05/07/2015
05/11/2015 Charge(s) : 1,2,3,4,5,6,7,8 CR_200 Page 1 of 4 Printed on: 05/02/2016 DANIEL WHEATLEY CUMCD-CR-2015-02677 DOCKET RECORD SUPPLEMENTAL FILING - INDICTMENT FILED ON 05/07/2015 SARAH HEAD , ASSISTANT CLERK 05/11/2015 Charge(s): 1,2,3,4,5,6,7,8 HEARING - ARRAIGNMENT SCHEDULED FOR 06/16/2015 at 08:30 a.m. in Room No. 1
05/11/2015 SUMMONS/SERVICE - SUMMONS TO APPEAR FOR ARRAIGN ISSUED FOR 05/11/2015
06/16/2015 BAIL BOND - PR BAIL BOND FILED ON 06/16/2015
Date Bailed: 06/16/2015 B.DAY 06/16/2015 BAIL BOND - PR BAIL BOND COND RELEASE ISSUED ON 06/16/2015 MARY KELLY , JUDGE DA: JULIA SHERIDAN FTRl Date Bailed: 06/16/2015 B.DAY 06/16/2015 Party{s): DANIEL WHEATLEY ATTORNEY - RETAINED ENTERED ON 06/16/2015
Attorney: WILLIAM MASELLI 06/16/2015 Charge(s): 1,2,3,4,5,6,7,8 HEARING - ARRAIGNMENT HELD ON 06/16/2015 MARY KELLY, JUDGE Attorney: WILLIAM MASELLI DA: JULIA SHERIDAN Defendant Present in Court
DEFENDANT INFORMED OF CHARGES. 21 DAYS TO FILE MOTIONS FTRl 06/16/2015 Charge{s): 1,2,3,4,5,6,7,8 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 06/16/2015 MARY KELLY, JUDGE DA: JULIA SHERIDAN 06/16/2015 Charge{s): 1,2,3,4,5,6,7,8 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 09/10/2015 at 10:00 a.m. in Room No. 7
06/16/2015 Charge(s): 1,2,3,4,5,6,7,8 TRIAL - JURY TRIAL SCHEDULED FOR 09/28/2015 at 08:30 a.m. in Room No. 11
NOTICE TO PARTIES/COUNSEL 08/25/2015 Charge{s): 1,2,3,4,5,6,7,8 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 08 / 25/2015
09/10/2015 Charge{s): 1,2,3,4,5,6,7,8 HEARING - DISPOSITIONAL CONFERENCE CONTINUED ON 09/10/2015 JOYCE A WHEELER, JUSTICE Attorney: WILLIAM MASELLI DA: MICHAEL MADIGAN CASE CONTINUED AT SIDEBAR FOR A CONFERENCE 12 - 10-15, 12 - 29-15 MOTION AND TRIAL 2-8 - 16. MENTAL EXAM ORDERED. 09/10/2015 Charge(s): 1,2,3,4,5,6,7,8 TRIAL - JURY TRIAL CONTINUED ON 09/10/2015
CR 200 Page 2 of 4 Printed on: 05/02/2016 DANIEL WHEATLEY CUMCD-CR-2015-02677 DOCKET RECORD 09/10/2015 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 12/10/2015 at 01:00 p.m. in Room No. 7
09/10/2015 TRIAL - JURY TRIAL SCHEDULED FOR 02/08/2016 at 08:30 a.m . in Room No . 11
NOTICE TO PARTIES/COUNSEL 09/11/2015 PSYCHIATRIC EXAM - ORDER MENTAL EXAM-OTHER ISSUES ENTERED ON 09/10/2015 JOYCE A WHEELER, JUSTICE VOLUNTARINESS 09/21/2015 LETTER - FROM NON-PARTY FILED ON 09/21/2015
LETTER FROM STATE FORENSIC INFORMING PARTIES THAT AN EXAM IS SET 10-15-15 AT 9:00 AM. 11/23/2015 PSYCHIATRIC EXAM - ORDER MENTAL EXAM-OTHER ISSUES REPORT FILED ON 11/23/2015
COPIES SENT TO BOTH PARTIES 11-23-15 11/30/2015 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 11/30/2015
12/10/2015 HEARING - DISPOSITIONAL CONFERENCE HELD ON 12/10/2015 PAUL A FRITZSCHE, JUSTICE Attorney: WILLIAM MASELLI DA: MICHAEL MADIGAN CASE UNRESOLVED. MOTION HEARING TO BE SET APPROX. 3-15-16. 2 - 3 HOURS NEEDED. JURY TRIAL. DATE CONTINUED. 12/11/2015 TRIAL - JURY TRIAL CONTINUED ON 12/10/2015
12/11/2015 TRIAL - JURY TRIAL SCHEDULED FOR 05/09/2016 at 08:30 a.m . in Room No. 11
NOT I CE TO PARTIES/COUNSEL 12/11/2015 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 09/10/2015
12/18/2015 CASE STATUS - CASE FILE LOCATION ON 12/18/2015
ON MARIAH'S SHELF TO SET A MOTION TO SUPPRESS HEARING. 2 1/2 TO 3 HRS NEEDED . 01/21/2016 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 03/15/2016 at 01:00 p.m. in Room No. 7
NOTICE TO PARTIES/COUNSEL 01/21/2016 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 01/21/2016
02/01/2016 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 02/01/2016
MOTION HEARING 3-15-16. 02/02/2016 MOTION - MOTION TO CONTINUE GRANTED ON 02/01/2016 PAULE EGGERT, JUDGE COPY TO PARTIES/COUNSEL 02/02/2016 HEARING - MOTION TO SUPPRESS CONTINUED ON 02/01/2016 PAULE EGGERT, JUDGE 02/09/2016 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 03/22/2016 at 08:30 a.m. in Room No. 11 JOYCE A WHEELER, JUSTICE NOTICE TO PARTIES/COUNSEL 02/09/2016 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 02/09/2016
03/22/2016 HEARING - MOTION TO SUPPRESS HELD ON 03/22/2016 JOYCE A WHEELER, JUSTICE Attorney: WILLIAM MASELLI CR 200 Page 3 of 4 Printed on : 05/02/2016 DANIEL WHEATLEY CUMCD-CR-2015-02677 DOCKET RECORD DA: MICHAEL MADIGAN Reporter: TAMMY DROUIN Defendant Present in Court
HEARING BEGINS, ST WIT #1 DANIEL VIOLETTE, WESTBROOK PD, ST WIT #2 JOHN DESJARDINS,WESTBROOK PD,ST WIT#3 DR. PETER DONNELLY, STATE REST, DEF REST, SJOINT EXHIBIT #1 VIDEO OFFERED AND ADMITTED. STATE'S ARGUMENT,DEFENSE ARGUMENT. COURT TAKES MATTER UNDER ADVISEMENT. COURT HAS FILE AND EXHIBIT. 04/29/2016 CASE STATUS - CASE FILE RETURNED ON 04/29/2016
04/29/2016 CASE STATUS - CASE FILE LOCATION ON 04/29/2016
W/JUSTICE WHEELER FOR MOTION TO SUPPRESS 04/29/2016 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 03/22/2016
05/02/2016 CASE STATUS - CASE FILE RETURNED ON 04/29/2016
05/02/2016 MOTION - MOTION TO SUPPRESS GRANTED ON 04/29/2016 JOYCE A WHEELER, JUSTICE COPY TO PARTIES/COUNSEL ALL STATEMENTS MADE TO DETECTIVE VIOELLETTE AND DESJARDINS ARE SUPPRESSED.
A TRUE COPY ATTEST: Clerk
CR 200 Page 4 of 4 Printed on: 05/02/2016