SUPERIOR COURT
STATE OF MAINE CRIMINAL ACTION KENNEBEC, ss. Soke NO Cae 391 STATE OF MAINE : . ORDER SHANE WOOD, DONALD LG LAW Lee Defendant
DEC 12 2003
Before the court is an ancillary information brought as count VII of the indictment in which the State is seeking criminal forfeiture of 27 firearms and count V of the indictment seeking forfeiture of $5,442, both proceedings brought under. 15 M.R.S.A. § 5826, the criminal forfeiture statute. In conjunction therewith, there has been filed with the court four ancillary third-party requests for hearing, each alleging a legal right, title or interest in certain items subject to forfeiture.
Wife of the defendant, Rebecca Wood, seeks to avoid the forfeiture of property to which she claims a right, to wit:
(A) A Thompson semi-automatic 1927 45 caliber rife;
(B) AnSWD M-11 9 mm (XX-XXXXXXX);
(C) Remington model 740 .270 rifle (B8410567);
(D) Remington 700 7-mm rifle (T6211089);
(E) Ruger .22 pistol (6447667); and
(F) | Waffenbrik Mauser pistol (848365).
Rebecca Wood also claims $4,500 of the cash seized as part of the execution of the search warrant in this matter.
Rebecca Wood seeks to avoid the forfeiture on behalf of her son, Alex Wood, for
certain firearms she claims is the property of the 12-year-old son, to wit: (A) Rogue Chipmunk .22 rifle;
(B) Ruger 10-22 .22 rifle (23760773);
(C) Marlin model 60 .22 rifle (04131983); and
(D) FM .410 gauge shotgun (B00003405).
Rebecca Wood also claims on behalf of her 9-year-old son Ryan Wood to defeat forfeiture of firearms she believes belong to her son, to wit:
(A) Rogue Chipmunk .22 rifle;
(B) Ruger 10-22 .22 rifle (24521103); and
(C) Marlin model 60 .22 rifle (17349141).
Finally, Elizabeth Myron, mother of the defendant, claims ownership in firearms found in the possession of the defendant, to wit:
(A) IJ.A & C Luger .22 handgun (M98970);
(B) Reising Arms Co. .22 pistol (2888);
(C) Deutsch Werve rifle (63340) Jactually a pistol];
(D) Crossman Mack! .22 caliber; and
(E) Rohm RG 10.22 revolver (1163262).
Title 15 M.R.S.A. § 5821 provides certain property subject to forfeiture to the State as a result of a conviction for a crime including scheduled drugs, materials related to scheduled drugs, firearms and other property. The purpose of the forfeiture is provided in 15 M.R.S.A. § 5821(3) in describing property which “is used or intended for use to defend, protect, guard or secure any property or item described in subsection 1 or 2.” Subsection 1 or 2 describes scheduled drugs and materials related to scheduled drugs. Title 15 M.R.S.A. § 5821(6) provides for money instruments which include money and other instruments and things of value “furnished or intended to be
furnished by any person in exchange for a scheduled drug in violation of” the specified criminal law. The proceeding before the court resulted from an information added to a criminal indictment calling for a criminal forfeiture under 15 M.R.S.A. § 5826. Subsection 5(A) of that statute calls for a person other than the defendant to petition the court for hearing to determine their legal interest in property subject to the forfeiture.
Relevant language provides:
The court shall issue or amend a final order of forfeiture in accordance
with its determination if, after the hearing, the court determines that the
petitioner has established by a preponderance of the evidence that:
A. _ The petitioner has a legal right, title or interest in the property and
the right, title or interest renders the order of forfeiture invalid in whole or
in part because the right, title or interest was vested in the petitioner
rather than in any defendant or was superior to any right, title or interest
to the exclusion of any defendant at the time of the commission of the acts
that gave rise to the forfeiture of the property under this section; .. . .
Also relevant to the finding as guidance to the court is 15 M.R.S.A. § 5827 requiring “the provisions of this chapter must be liberally construed to effectuate its remedial purposes.”
The search warrant was executed at the residence in Vassalboro of Shane and Rebecca Wood on September 25, 2000. On the premises was found a very large number of processed and unprocessed marijuana plants resulting in the defendant’s conviction of marijuana cultivation and unlawful trafficking. In the execution of the search warrant, 27 firearms were confiscated as well as $5,442 found in a bank envelope under the mattress in the master bedroom of the defendant and his wife. The State is seeking
forfeiture of the cash and the firearms, third-party ancillary requests have been filed
and hearing was held with all parties represented by counsel.
' That statutory language, effective July 3, 1995, appears to countermand a Law Court decision of 1991
asserting that the forfeiture statute, being penal in nature, will be strictly construed against the State. See State v. One Uzi Semi-Automatic 9 mm Gun, 589 A.2d 31 (Me. 1991) Rebecca Wood testified that she was the owner of the firearms listed in her affidavit both for hobby and investment purposes. She claims to be a collector of valuable firearms as well as a person who enjoys marksmanship. She described the location of the various firearms to which she claims ownership. Of the six firearms, she admits that four have been kept and were found in her bedroom. She admits to full access to all firearms in the bedroom by her husband, the defendant. Mrs. Wood also claims that she can attribute $4,500 of the cash found in the bank envelope under the mattress to her sources including sale of property and savings for Christmas presents from her income. She claims that she paid her bills in cash having been advised by her father against other means of securing liquid assets.
It is clear that some of the money in that same envelope under that same mattress was utilized by the defendant in the trafficking of the drug contraband. The burden of proof by a preponderance of the evidence is on the petitioner to establish the right, title and interest to the cash or to establish a right, title and interest greater than that of the defendant and to his exclusion. The cash in the bank envelope was clearly fungible and incapable of individual identification. While the petitioner can explain her source of funds, she can only surmise the amounts attributable to certain sources. Some of the money clearly was used for unlawful purposes by the defendant, admittedly with the knowledge of the petitioner. It is alleged by the State and substantiated by the exhibits that a substantial amount of marijuana product worth a great deal of money was found in the search. The court does not find that it is more likely than not that the cash found under the mattress in the bank envelope belonged to Rebecca Wood solely or that she had a right superior to that of the defendant.
Elizabeth Myron, mother to the defendant, testified as to the ownership of
certain antique guns which she obtained by inheritance. She testified that the guns had been placed in the possession of the defendant some weeks before the execution of the search warrant for purposes of the defendant, an acknowledged gun dealer, to obtain appraisals. Mrs. Myron supported her testimony with photographs taken in 1991 by her husband in order to document ownership of the firearms for insurance protection prior to undertaking a lengthy sojourn. This was confirmed by testimony of her husband. The court is satisfied that the age of the firearms, the timing and legitimate purpose of their presence in possession of the defendant as well as the established proof of ownership by the photographs taken some nine years prior to the search warrant clearly established a sole right, title and interest in Elizabeth Myron with one exception. In the return of the results of the search warrant, the law enforcement officers identified one “Crossman Mack 1 .22 caliber” pistol. Elizabeth asserted that such a weapon would be consistent with a misidentified .22 caliber pistol owned by her. In fact, the identification is in error and the weapon in question is a Crossman pellet gun. Since Elizabeth Myron makes no claim with respect to that particular firearm, her request is withdrawn.
Rebecca Wood claims, on behalf of her nine and 12 year-old sons, ownership in them of two .22 Rogue rifles , two Ruger .22 rifles, two Marlin .22 rifles and a .410 gauge shotgun. The Rogue Chipmunk .22 rifles are engraved with an “A” and a “R” as proof of ownership by the boys. These weapons are consistent with “varmint” rifles and inconsistent with a firearm to be used in defense of trafficking in scheduled material. While clearly they are in the possession of and under the control of the defendant and Rebecca Wood, they are consistent with marksmanship and hunting training for young boys. The court is satisfied that notwithstanding their minority, the
firearms are their sole property under the purpose and meaning of the forfeiture law. The firearms claimed by Rebecca Wood are more difficult to analyze. There is clear documentation that the Remington model 7400 (sic) 270 caliber rifle was purchased by Mrs. Wood on July 19, 2002, from Hussey’s General Store. There is also clear documentation that the .22 caliber Ruger revolver was purchased October 7, 1999, at a private sale. The Remington model 740 270 rifle and the Remington 700 7 mm rifle were found in a locked gun cabinet in the “office” of the parties. The other firearms were found in the master bedroom. She asserts that the Thompson semi-automatic is a 1927 antique but she kept it in a box on her side of the bed. The SWD M-119 mm was kept in a box in the closet in the bedroom. The Ruger .22 pistol was kept ona shelf in the bedroom and the Waffenbrik Mauser pistol was kept “on the headboard on my side of the bed.” (Petitioner’s affidavit, [ 4F).
It is uncontroverted that petitioner and the defendant shared the master bedroom in all respects, indeed, a large amount of ammunition, gun parts, and related items were found in the bedroom. It is also uncontroverted that both Rebecca and her husband had keys to the gun cabinet. It is curious that collector item firearms would be kept in a bedroom rather than in a locked gun cabinet. The court might assume from such circumstances that certain firearms were kept in the bedroom for purposes of defense or transactions relating to the trafficking of the prohibited substance
The documentation provided by the petitioner establishes her right, title and interest to the Remington model 740 rifle and Ruger .22 caliber. Is the court satisfied by that documentation that petitioner has sole right, title and interest such that the
relationship with the defendant can have no effect? Certainly to the extent she has the
* It is noted by both the defendant and his wife that all of the marijuana was found outside of the bedroom except for a trace amount. This does not remove the likelihood that one mi ght wish to defend
their trafficking operation during a period of time when they may be occupying the bedroom, most usually during the night time hours. burden of proof, the documentation meets that burden. The court is also satisfied that it is more likely than not that the firearms kept in the gun cabinet would not have been retained under circumstances suggesting their use and defense in furtherance of the prohibited activity. Having sworn testimony that the M11 9 mm was located in a closet in the bedroom in a case, the court is not satisfied that the firearm would have been utilized in the furtherance of trafficking. However, notwithstanding the age of the firearm, the Thompson semi-automatic 45 caliber located on the petitioner’s side of the bed and the Waffenbrik Mauser pistol located on the headboard, fully accessible by both petitioner and the defendant and within arms reach for purposes of immediate use, notwithstanding petitioner’s testimony as to the usability of the Waffenbrik Mauser, were found to be in such circumstances that petitioner has not met her burden of proof that she has sole right, title and interest or that she has sufficient right, title and interest exclusive of the defendant to remove them from his control. Given the remedial
nature of the criminal forfeiture statute, the court cannot find in her favor in that regard. Accordingly, the entry will be:
It is hereby ORDERED that the following items of personal property are forfeited to the State of Maine in accordance with 15 M.R.S.A. § 5826:
(1) Intratec .22 handgun (076556);
(2) Thompson semi-automatic 1927 .45 caliber rifle;
(3) 9 mm Glock handgun with magazine;
(4) | Mossberg 12 gauge shotgun (GS25233) with pistol grip; (5) Ithaca M86 12 gauge shotgun (660794287);
(6) High Point 995 9 mm rifle (A67213);
(7) Ia co. 20 gauge double barrel shotgun (116144);
(8) | Waffenbrik Mauser pistol (848365) with holster;
(9) Colt officer’s model 38 pistol (417325);
) Diamond Arms 12 gauge single barrel shotgun; (11) Crossman Mark 1 .22 cal.;
) JSStevens model 54.410 rifle;
) $5,442 in cash.
Dated: November (2 2003
Donald H. Marden Justice, Superior Court STATE OF MAINE vs SHANE WOOD
SUPERIOR COURT KENNEBEC, ss. Docket No AUGSC-CR-2000-00391
1726 CROWELL HILL ROAD VASSALBORO ME 04989 DOCKET RECORD
DOB: 02/13/1967
Attorney: ROBERT SANDY
State's Attorney: LARA NOMANI SHERMAN & SANDY
74 SILVER ST
PO BOX 499
WATERVILLE ME 04903-0499 RETAINED 10/30/2000
Charge (s)
AGGRAVATED TRAFFICK OR FURNISH SCHEDULE DRUGS
17-A 1105 (1) (B) Class A Charged with INDICTMENT on Supplemental Filing. MARIJUANA CULTIVATION 09/25/2000 VASSALBORO 17-A 1117(2) (B) Class C Charged with INDICTMENT on Supplemental Amended 03/27/2003 CONSPIRACY TO COMMIT A CLASS B CRIME 09/25/2000 VASSALBORO 17-A 151(1) Class C Charged with INDICTMENT on Supplemental AGGRAVATED TRAFFICK OR FURNISH SCHEDULE 09/25/2000 VASSALBORO DRUGS 17-A 1105(1) (D) Class B Charged with INDICTMENT on Supplemental CRIMINAL FORFEITURE OF PROPERTY 09/25/2000 VASSALBORO 15 5826 Class U Charged with INDICTMENT on Supplemental CRIMINAL FORFEITURE OF PROPERTY 09/25/2000 VASSALBORO 15 5826 Class U Charged with INDICTMENT on Supplemental AGGRAVATED TRAFFICK OR FURNISH SCHEDULE DRUGS 17-A 1105 (1) (A) Class B UNLAWFUL TRAFFICKING IN SCHEDULED DRUGS 09/25/2000 VASSALBORO 17-A 1103(1) Class C Amended 03/27/2003 CRIMINAL FORFEITURE OF PROPERTY , 09/25/2000 VASSALBORO 15 5826 Class U
Docket Events:
Page 1 of 13 Printed on: 11/13/2003 12/07/2000
12/07/2000
12/12/2000
12/19/2000
01/29/2001
02/01/2001
02/20/2001
SHANE WOOD AUGSC-CR-2000-00391
DOCKET RECORD FILING DOCUMENT - FILING MOTION FILED ON 10/30/2000
ATTORNEY - RETAINED ENTERED ON 10/30/2000
Attorney: ROBERT SANDY MOTION - MOTION FOR GRAND JURY REPORTER FILED BY DEFENDANT ON 10/30/2000
MOTION - OTHER MOTION FILED BY DEFENDANT ON 10/30/2000
DEFT.'S MOTION FOR SUMMONS UPON INDICTMENT, WITH PROPOSED ORDER.
OTHER FILING - COURT ORDER FILED ON 12/06/2000
JOHN R ATWOOD , JUSTICE
COPIES TO PARTIES/COUNSEL. ON DEFT.'S MOTION FOR RECORDING GRAND JURY PROCEEDINGS.
MOTION - MOTION FOR GRAND JURY REPORTER GRANTED ON 12/06/2000
COPY TO PARTIES/COUNSEL AND COURT REPORTER. A COURT REPORTER SHALL BE PRESENT aT ANY GRAND JURY PROCEEDINGS CONDUCTED BY THE STATE REGARDING THE CHARGES AGAINST THE DEFT. THR
COURT REPORTER SHALL REPORT THE PROCEEDINGS, BUT SHALL NOT TRANSCRIBE THE REPORT WITHOUT FURTHER ORDER OF THIS COURT.
Charge(s): 1,2,3,4,5 SUPPLEMENTAL FILING - INDICTMENT FILED ON 12/11/2000 Charge(s): 1,2,3,4,5
HEARING - ARRAIGNMENT SCHEDULED FOR 12/19/2000 @ 8:15
Charge(s): 1,2,3,4,5 SUMMONS/SERVICE - SUMMONS TO APPEAR FOR ARRAIGN ISSUED FOR 12/14/2000 @ 8:15
Charge(s): 1,2,3,4,5
HEARING - ARRAIGNMENT HELD ON 12/19/2000
NANCY MILLS , SUPERIOR COURT CHIEF JUSTICE
DA: ALAN KELLEY Reporter: JANETTE COOK Defendant Present in Court ,
READING WAIVED. DEFENDANT INFORMED OF CHARGES. COPY OF INDICTMENT/INFORMATION GIVEN TO DEFENDANT. MOTION ARE DUE ON FEBRUARY 1, 2001
PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 12/19/2000
BAIL BOND - SURETY BAIL BOND SET BY COURT ON 12/19/2000
SAME SURETY BAIL AS SET IN THE DISTRICT COURT AT $50,000.00 SURETY IS TO CONTINUE WITH SAME CONDITIONS. MOTION - MOTION FOR ENLARGEMENT OF TIME FILED BY DEFENDANT ON 01/29/2001
TO FILE MOTIONS. NO OBJ BY STATE.
MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 01/30/2001 NANCY MILLS , SUPERIOR COURT CHIEF JUSTICE COPY TO PARTIES/COUNSEL THE DEADLINE
WHICH BY WHICH DEF. MAY FILE MOTIONS IS ENLARGED TO 2/16/01. MOTION - MOTION FOR ENLARGEMENT OF TIME FILED BY DEFENDANT ON 02/16/2001
NO OBJ BY LARA NOMANI, AAG Page 2. of 13 Printed on: 11/13/2003 SHANE WOOD AUGSC-CR- 2000-00391 DOCKET RECORD
1/2001 02/22/2001 MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 02/21/ DONALD H MARDEN , JUSTICE
COPY TO PARTIES/COUNSEL 03/20/2001 MOTION - MOTION FOR FURTHER DISCOVERY FILED BY DEFENDANT ON 03/19/2001
03/20/2001 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 03/19/2001 03/20/2001 MOTION - OTHER MOTION FILED BY DEFENDANT ON 03/19/2001
MOTION FOR EVIDENTIARY HEARING REGARDING SUPPRESSION OF EVIDENCE. 03/20/2001 OTHER FILING - OTHER DOCUMENT FILED ON 03/19/2001
AFFIDAVIT OF SHANE LESLIE WOOD. 03/20/2001 OTHER FILING - OTHER DOCUMENT FILED ON 03/19/2001
AFFIDAVIT OF RONALD WOOD. 03/20/2001 OTHER FILING - OTHER DOCUMENT FILED ON 03/19/2001
AFFIDAVIT OF KELLY KARTER, ASSESSOR AND TOWN CLERK OF VASALBORO. 03/20/2001 OTHER FILING - OTHER DOCUMENT FILED ON 03/19/2001
AFFIDAVIT OF JON D. LISCOMB. 04/20/2001 HEARING - MOTION FOR FURTHER DISCOVERY SCHEDULED FOR 04/30/2001 @ 8:30
NOTICE TO PARTIES/COUNSEL 04/20/2001 HEARING - MOTION FOR FURTHER DISCOVERY NOTICE SENT ON 04/20/2001
04/30/2001 HEARING - MOTION FOR FURTHER DISCOVERY HELD ON 04/30/2001 S KIRK STUDSTRUP , JUSTICE Attorney: ROBERT SANDY
DA: LARA NOMANI Reporter: JANETTE COOK Defendant Present in Court
04/30/2001 MOTION ~ MOTION FOR FURTHER DISCOVERY UNDER ADVISEMENT ON 04/30/2001 S KIRK STUDSTRUP , JUSTICE
05/04/2001 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 05/07/2001
NOTICE TO PARTIES/COUNSEL 05/04/2001 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 05/04/2001
NO OBJ BY AG 05/30/2001 Charge(s): 1,2,3,4,5
TRANSFER - -BAIL AND PLEADING REQUESTED ON 05/23/2001
CERTIFIED COPY FORWARDED TO DISTRICT COURT 05/30/2001 Charge(s): 1,2,3,4,5 TRANSFER - BAIL AND PLEADING GRANTED ON 05/29/2001 NANCY MILLS , SUPERIOR COURT CHIEF JUSTICE 06/06/2001 BAIL BOND - $50,000.00 SURETY BAIL BOND FILED ON 06/06/2001
Bail Amt: $50,000 Surety Type: REAL ESTATE Surety Value: $50,00 County: KENNEBEC County Book ID: 6308 Book Page: 39
Date Bailed: 09/27/2000 — Prvdr Name: SHANE WOOD
Lien Issued: 09/27/2000 Rtrn Name: SHANE WOOD
Page 3 of 13 Printed on: 11/13/200 06/06/2001
07/16/2001
08/01/2001
08/07/2001
09/12/2001
SHANE WOOD AUGSC-CR- 2000-00391
DOCKET RECORD Lien Discharged: 06/18/2003
Conditions of Bail:
Refrain from possession or use of any unlawful drugs.
Not own, possess or use any firearm or dangerous weapon.
Submit to random search and testing for drugs, firearms, dangerous weapons upon reasonable suspicion of use or possession.
Have no contact with...
1 TROY CORBIN Charge(s): 1,2,3,4,5 TRANSFER - BAIL AND PLEADING RECVD BY COURT ON 06/06/2001
HEARING - MOTION TO SUPPRESS SCHEDULED FOR 08/08/2001 @ 9:00
NOTICE TO PARTIES/COUNSEL MOTION - MOTION FOR FURTHER DISCOVERY GRANTED ON 05/08/2001 S KIRK STUDSTRUP , JUSTICE COPY TO PARTIES/COUNSEL / WITH REGARD TO PARAGRAPHS 3 AND 4 (STATEMENTS BY THE DEFENDANT MADE ON SEPTEMBER 25, 2000, AND UNCHARGED CRIMINAL CONDUCT WHICH MIGHT BE ARGUED AT ANY SENTENCING FOLLOWING CONVICTION) . MOTION ~ MOTION FOR FURTHER DISCOVERY DENIED ON 05/08/2001 S KIRK STUDSTRUP , JUSTICE COPY TO PARTIES/ COUNSEL WITH EXCEPTION OF PARAGRAPHS 3 AND 4. MOTION - OTHER MOTION FILED BY DEFENDANT ON 08/07/2001
MOTION TO EXCLUDE EVIDENCE OR TO CONTINUE TRIAL. MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 08/07/2001
MOTION - MOTION TO CONTINUE GRANTED ON 08/08/2001
COPY TO PARTIES/COUNSEL
CASE CONTINUED, NO OBJECTION. OTHER FILING - OTHER DOCUMENT FILED ON 08/29/2001
STATE'S RESPONSE TO DEFENDANT'S MOTIONS TO SUPPRESS AND REQUEST FOR TESTIMONIAL HEARING. OTHER FILING - OTHER DOCUMENT FILED ON 08/30/2001
CASES FILED FOR REVIEW BY THE STATE. OTHER FILING - COURT ORDER FILED ON 09/11/2001 NANCY MILLS , SUPERIOR COURT CHIEF JUSTICE COPIES TO PARTIES/COUNSEL ORDER ON DEFENDANT'S MOTIONS TO SUPPRESS AND REQUEST FOR A FRANK'S HEARING. HEARING - MOTION TO SUPPRESS HELD ON 08/09/2001 NANCY MILLS , SUPERIOR COURT CHIEF JUSTICE Attorney: ROBERT SANDY
Page 4 of 13 Printed on: 11/13/2003 09/12/2001
12/07/2001
01/07/2002
02/14/2002
03/27/2002
03/29/2002
04/05/2002
DOCKET RECORD DA: LARA NOMANI Reporter: JANETTE COOK
Defendant Present in Court HEARING - MOTION TO SUPPRESS NOT HELD ON 05/07/2001
MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 08/09/2001 MOTION - MOTION TO SUPPRESS DENIED ON 09/08/2001
COPY TO PARTIES/ COUNSEL THE DEFENDANT'S REQUEST FOR A FRANK'S HEARING IS DENIED; THE DEFENDANT'S MOTION TO
SUPPRESS EVIDENCE IS DENIED; THE DEFENDANT'S MOTION TO SUPPRESS
STATEMENTS IS DENIED EXCEPT FOR THE DEFENDANT'S PROVIDING THE KEY TO THE SAFE TO MDEA AGENT WOODMAN.
TRIAL - JURY TRIAL SCHEDULED FOR 01/09/2002
NOTICE TO PARTIES/COUNSEL
THROUGH FEBRUARY 28, 2002. MOTION - MOTION TO CONTINUE FILED BY STATE ON 01/04/2002
TRIAL - JURY TRIAL CONTINUED ON 01/09/2002
TRIAL - JURY TRIAL SCHEDULED FOR 04/03/2002 @ 9:00
“
TO MAY 17, 2002 Charge(s): 3 SUPPLEMENTAL FILING - SUPERSEDING INDICTMENT FILED ON 03/14/2002
GRAND JURY PRSENTED INDICTMENT WITH A CHANGE READING -...A SCHEDULE 2 DRUG, IN A QUANTITY IN EXCESS OF ONE POUND, AND AT THE TIME... MOTION - OTHER MOTION FILED BY STATE ON 04/02/2002
STATE'S MOTION TO MERGE INDICTMENT CR200-289 (SUPERCEDING INDICTMENT) WITH CR 2000- 391.
MOTION - OTHER MOTION GRANTED ON 04/02/2002
DA: . LARA NOMANI Reporter: LAURIE GOULD
Defendant Present in Court
COPY TO PARTIES/COUNSEL. STATES MOTION TO MERGE INDICTMENT W/00-391. BAIL POSTED IN CR 2000-391 WILL
APPLY TO NEW SUPERSEDING INDICTMENT AS WELL
FILE IS MAILED TO CHIEF JUSTICE NANCY MILLS TO ENTERTAIN THE DEFENSE REQUEST FOR HEARING ON MOTION TO SUPPRESS EVIDENCE. Charge(s): 6 HEARING - ARRAIGNMENT HELD ON 04/02/2002 JOHN R ATWOOD , JUSTICE Attorney: ROBERT SANDY DA: LARA NOMANI Reporter: LAURIE GOULD Defendant Present in Court
Page 5 of 13 Printed on: 11/13/2003 04/05/2002
04/23/2002
04/26/2002
05/03/2002
05/14/2002
05/30/2002
DOCKET RECORD READING WAIVED. DEFENDANT INFORMED OF CHARGES. COPY OF INDICTMENT/ INFORMATION GIVEN TO DEFENDANT. 21 DAYS TO FILE MOTIONS Charge(s): 6
PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 04/02/2002
NOTE - OTHER CASE NOTE ENTERED ON 04/02/2002
CASE FILE MAILED TO CHIEF JUSTICE NANCY MILLS IN PORTLAND, MAINE. DEFENSE REQUEST FOR HEARING ON MOTION TO SUPPRESS EVIDENCE WAS INITIALLY ADDRESSED BY JUSTICE MILLS.
MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 04/22/2002
FOR DEFENDANT REQUESTS COPIES OF MATERIALS DESCRIBING ANY TESTIMONY OR OTHER EVIFENCE INTEDED TO BE USED AGAINST THE DEFENANT; ANY WRITTEN OR RECORDED STATEMENTS AND THE SUBSTANCE OF ANY ORAL STATEMENTS MADE BY DEF; STATEMENT DESCRIBING ANY MATTER OR INFORMATION KNOWN TO THE ATY FOR THE STATE WHICH MAY NOT BE KNOWN TO THE DEF WHICH TENDS TO CREATE A REASONABLE DOUBT OF THE DEF GUILT.
MOTION - MOTION TO PREPARE TRANSCRIPT FILED BY DEFENDANT ON 04/22/2002
Attorney: ROBERT SANDY OF THE GRAND JURY PROCEEDINGS MOTION - MOTION TO SUPPRESS EVIDENCE FILED BY DEFENDANT ON 04/22/2002
FOR DEFENDANT MOVES THIS HONORABLE COURT TO SUPRESS ANY AND ALL EVIDENCE OBTAINED AS A RESULT OF A SEARCH OF DEF PREMISES AND OTHER PROPERTY ON 93/25/00 INC.BUT NOT LIMITED TO;PHYSICAL OBJECTS; STATEMENTS MADE; TEST RESULTS PERFORMED ON ANY PROPERTY.
HEARING - MOTION TO SUPPRESS SCHEDULED FOR 05/10/2002 @ 8:15
NOTICE TO PARTIES/COUNSEL HEARING - MOTION TO SUPPRESS NOTICE SENT ON 04/26/2002
Charge(s): 1,2,3,4,5,6 OTHER FILING - COURT ORDER FILED ON 05/03/2002 NANCY MILLS , SUPERIOR COURT CHIEF JUSTICE COPIES TO PARTIES/COUNSEL CHIEF JUSTICE NANCY MILLS HAS THE FILE. ANY ARGUMENTS FROM COUNSEL ON THE TWO SEARCH WARRANT ISSUES WILL BE SUBMITTED IN WRITING BY MONDAY, MAY 13, 2002. MAIL ANY ARGUMENTS FILED TO JUSTICE MILLS IN PORTLAND, MAINE. COPIES OF ORDER MAILED TO COUNSEL. OTHER FILING - MEMORANDUM OF LAW FILED ON 05/13/2002
BY ROBERT SANDY, ESQ. MAILED TO JUSTICE MILLS IN CUMBERLAND COUNTY. HEARING - OTHER MOTION SCHEDULED FOR 05/29/2001
ALL PENDING MOTIONS
HEARING ~ OTHER MOTION HELD ON 05/29/2002
DA: LARA NOMANI Reporter: TAMMY DROUIN ALL PENDING MOTIONS
Page 6 of 13 Printed on: 11/13/2003 05/30/2002
06/03/2002
06/04/2002
06/05/2002
06/11/2002
07/24/2002
07/25/2002
DOCKET RECORD
HEARING - OTHER MOTION CONTINUED ON 05/29/2002
TELEPHONE CONFERENCE TO BE SET UP WITH CHIEF JUSTICE NANCY MILLS. HEARING - MOTION FOR DISCOVERY HELD ON 05/30/2002 NANCY MILLS , SUPERIOR COURT CHIEF JUSTICE Reporter: DENNIS FORD CONFERENCE CALL HELD IN CHAMBERS (ROBERT SANDY, ESQ. AND LARA NOMANI, AAG ROBERT SANDY, ESQ. TO PREPARE ORDER. HEARING - MOTION TO PREPARE TRANSCRIPT HELD ON 05/30/2002 NANCY MILLS , SUPERIOR COURT CHIEF JUSTICE Reporter: DENNIS FORD LARA NOMANI AND ROBERT SANDY, ESQ. BY TELEPHONE. COURT TO ISSUE ORDER. TRIAL - JURY TRIAL NOT HELD ON 04/03/2002
BY TELEPHONE.
CONFERENCE CALL HELD IN CHAMBERS.
MOTION - MOTION TO PREPARE TRANSCRIPT DENIED ON 05/31/2002 NANCY MILLS , SUPERIOR COURT CHIEF JUSTICE
STATED ON THE RECORD, THE MOTION FOR TRANSCRIPT IS DENIED. HEARING ~ MOTION TO SUPPRESS NOT HELD ON 05/29/2002
FOR REASONS
MOTION TO SUPPRESS MAILED TO JUSTICE MILLS AND SHE RETURNED THE MOTION TO STATING SHE DID NOT ACT ON THIS MOTION.
MOTION - MOTION FOR DISCOVERY GRANTED ON 06/04/2002
OTHER FILING - COURT ORDER FILED ON 06/11/2002
COPIES TO PARTIES/COUNSEL THE DEFENDANT'S MOTION TO SUPPRESS EVIDEMCE OBTAINED FROM THE EXECUTION OF THE SEARCH WARRANT IS DENIED. Charge(s): 1,2,3,4,5,6
TRIAL - JURY TRIAL SCHEDULED FOR 04/03/2002
SUPPRESS
NOTICE TO PARTIES/COUNSEL, CALL OF THE DOCKET, DEFENSE REQUESTS CONTINUANCE. Charge(s): 1,2,3,4,5,6 TRIAL - JURY TRIAL CONTINUED ON 04/03/2002
MOTION - MOTION TO SUPPRESS EVIDENCE DENIED ON 06/11/2002 NANCY MILLS , SUPERIOR COURT CHIEF JUSTICE
COPY TO PARTIES/COUNSEL, THE DEFENDANT'S MOTION TO SUPPRESS EVIDENCE OBTAINED FROM THE EXECUTION OF THE SEARCH WARRANT IS DENIED.
MOTION - MOTION TO CONTINUE GRANTED ON 01/09/2002
COPY TO PARTIES/COUNSEL MOTION - OTHER MOTION GRANTED ON 08/08/2001
MOTION TO EXCLUDE EVIDENCE OR TO CONTINUE TRIAL. MOTION - MOTION TO CONTINUE GRANTED ON 05/04/2001
COPY TO PARTIES/COUNSEL MOTION - OTHER MOTION MOOT ON 03/19/2002
Page 7 of 13 Printed on: 11/13/2003 07/25/2002
07/31/2002
08/01/2002
08/30/2002
09/26/2002
SHANE WOOD
AUGSC-CR-2000-00391 DOCKET RECORD
MOTION FOR EVIDENTIARY HEARING REGARDING SUPPRESSION OF EVIDENCE. MOTION - OTHER MOTION GRANTED ON 12/06/2000
DEFT.'S MOTION FOR SUMMONS UPON INDICTMENT, WITH PROPOSED ORDER. HEARING - MOTION TO SUPPRESS SCHEDULED FOR 08/13/2002
S KIRK STUDSTRUP , JUSTICE
NOTICE TO PARTIES/COUNSEL WERE MAILED ON 7/23/02.
HEARING - MOTION TO SUPPRESS NOT HELD ON 08/01/2002
THIS MOTION TO SUPRESS HEARING IS MOOT. ORIGINAL FILING OF MOTION WENT BEFORE JUSTICE
MILLS AND WAS DENIED. LETTER - REQUEST FOR PROTECTION FILED ON 08/30/2002
DA: LARA NOMANI
ATTORNEY NOMANI REQUESTS PROTECTION UNTIL SEPTEMBER 20,2002 AS THE LEAD INVESTIGATOR IS ON MILITARY DUTY THROUGH SEPTEMBER 20TH. ALSO REQUESTING A PRE-TRIAL CONFERENCE TO DISCUSS
VARIOUS EVIDENTIARY MATTERS. Charge(s): 1,2,3,4,5,6 TRIAL - JURY TRIAL SCHEDULED FOR 09/04/2002
Charge(s): 1,2,3,4,5,6 TRIAL ~ JURY TRIAL NOT REACHED ON 09/04/2002 Charge(s): 1,2,3,4,5,6
HEARING - RULE 11 HEARING SCHEDULED FOR 09/26/2002 @ 1:00
Charge(s): 1,2,3,4,5,6
HEARING - RULE 11 HEARING HELD ON 09/26/2002 @ 1:00 DONALD H MARDEN , JUSTICE
DA: LARA NOMANI Reporter: LAURIE GOULD Defendant Present in Court
READING WAIVED Charge(s): 1,6 MOTION - MOTION TO AMEND INDICTMENT FILED BY STATE ON 09/26/2002
Charge(s): 1,6 MOTION - MOTION TO AMEND INDICTMENT GRANTED ON 09/26/2002
COPY TO PARTIES/COUNSEL Charge(s): 1 PLEA - GUILTY ENTERED BY DEFENDANT ON 09/26/2002
Charge(s): 1 PLEA - GUILTY ACCEPTED BY COURT ON 09/26/2002
Charge(s): 4,5,6 PLEA - NOLO ENTERED BY DEFENDANT ON 09/26/2002
Page 8 of 13 Printed on:
11/13/2003 09/26/2002 09/26/2002
09/27/2002
11/27/2002
12/18/2002
02/28/2003
03/27/2003
04/17/2003 04/17/2003 04/17/2003 04/17/2003
04/17/2003
SHANE WOOD AUGSC-CR-2000-00391 DOCKET RECORD
Charge(s): 4,5,6
PLEA - NOLO ACCEPTED BY COURT ON 09/26/2002 Charge(s): 1,4,5,6
FINDING - GUILTY ENTERED BY COURT ON 09/26/2002 Charge(s): 1,4,5,6
FINDING - GUILTY CONT FOR SENTENCING ON 09/26/2002
CONTINUED FOR 1 MONTH, MARDEN. BAIL BOND -
SENTENCING WILL BE SCHEDULED IN WALDO COUNTY IN FRONT OF JUSTICE SURETY BAIL BOND CONTINUED AS SET ON 09/26/2002
BAIL TO BE CONTINUED AS SET
MOTION - MOTION TO CONTINUE FILED BY STATE ON 11/25/2002 MOTION - MOTION TO CONTINUE GRANTED ON 11/25/2002
DONALD H MARDEN , JUSTICE
COPIES TO PARTIES/COUNSEL WITHOUT OBJECTION OF THE PARTIES.
HEARING - SENTENCE HEARING SCHEDULED FOR 12/17/2002 @ 8:15 NOTICE TO PARTIES/COUNSEL
HEARING - SENTENCE HEARING NOTICE SENT ON 11/27/2002 HEARING - SENTENCE HEARING SCHEDULED FOR 12/31/2002 @ 8:15 NOTICE TO PARTIES/ COUNSEL
HEARING - SENTENCE HEARING NOTICE SENT ON 12/18/2002 HEARING - SENTENCE HEARING SCHEDULED FOR 03/31/2003 @ 8:15 NOTICE TO PARTIES/COUNSEL
HEARING - SENTENCE HEARING NOTICE SENT ON 02/28/2003 Charge(s): 1
CHARGE ~ AMENDMENT ENTERED BY COURT ON 03/27/2003
ORIG. CHARGE:AGGRAVATED TRAFFICK OR FURNISH SCHEDULE DRUGS CLASS A Charge(s): 6 CHARGE - AMENDMENT ENTERED BY COURT ON 03/27/2003
ORIG. CHARGE:AGGRAVATED TRAFFICK OR FURNISH SCHEDULE DRUGS CLASS B
HEARING - SENTENCE HEARING CONTINUED ON 03/27/2003
HEARING - SENTENCE HEARING CONTINUED ON 11/25/2002
HEARING - SENTENCE HEARING CONTINUED ON 12/17/2002
MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 03/27/2003 MOTION - MOTION TO CONTINUE GRANTED ON 03/27/2003
Page 9 of 13 Printed on: 11/13/2003 04/17/2003
04/18/2003
05/08/2003
05/09/2003
DOCKET RECORD COPIES TO PARTIES/COUNSEL
MOTION - MOTION FOR RETURN OF PROPERTY FILED BY DEFENDANT ON 03/27/2003
HEARING - MOTION FOR RETURN OF PROPERTY SCHEDULED FOR 03/31/2003 @ 8:30
HEARING - MOTION FOR RETURN OF PROPERTY HELD ON 03/31/2003 DONALD H MARDEN , JUSTICE
DA: LARA NOMANI Reporter: PHILIP GALUCKI Defendant Present in Court
SEE JUDGE'S ORDER DATED 3/31/03 LETTER - FROM NON-PARTY FILED ON 04/08/2003
FILED BY CHIEF DEPUTY RANDALL LIBERTY STATING THAT THE KSO CONDUCTED A DILIGENT SEARCH FOR THE ORIGINAL FEDERAL WEAPONS REGISTRATIONS BELONGING TO SHANE WOOD. UPON CONCLUDING THE
SEARCH, WE WERE UNABLE TO LOCATE THE REGISTRATIONS. THE SEARCH CONDUCTED WAS THOROUGH AND COMPLETE.
OTHER FILING - SENTENCING MEMORANDUM FILED BY DEFENDANT ON 05/08/2003
Attorney: ROBERT SANDY OTHER FILING - SENTENCING MEMORANDUM FILED BY STATE ON 05/08/2003
Charge(s): 1
RULING - ORIGINAL ORDERED ON 05/09/2003
DA: LARA NOMANT Reporter: LAURIE GOULD Defendant Present in Court
INSERTED VIA FEE PROCESSING |
It is adjudged that the defendant is guilty of 1 MARIJUANA CULTIVATION 17-A 1117(2) (B) Class C as charged and convicted.
The defendant is sentenced to the DEPARTMENT OF CORRECTIONS for a term of 5 year(s).
Execution stayed to on or before: 06/09/2003 at 06:00.
It is ordered that all but 9 month(s) 1 day(s) of the sentence as it relates to confinement be suspended.
It is ordered that the defendant be placed on a period of probation for a term of 3 year(s) upc conditions attached hereto and incorporated by reference herein.
Said Probation to commence after completion of the unsuspended term of imprisonment.
It is ordered that the defendant forfeit and pay the sum of $220.00 as restitution through Probation.
For the benefit of M.D.E.A. Amount $220
Page 10 of 13 Printed on: 11/13/2003 SHANE WOOD AUGSC-CR-2000-00391 DOCKET RECORD
$ 25 VICTIMS COMPENSATION FUND TOTAL DUE:$ 25.00.
Special Conditions of Probation:
1. yvrefrain from all criminal conduct and violation of federal, state and local laws.
2. report to the probation officer immediately and thereafter as directed and within 48 hours of your release from jail.
3. answer all questions by your probation officer and permit the officer to visit you at your
home or elsewhere.
obtain permission from your probation officer before changing your address or employment.
not leave the State of Maine without written permission of your probation officer.
maintain employment and devote yourself to an approved employment or education program. not possess or use any unlawful drugs.
own ul
identify yourself as a probationer to any law enforcement officer if you are arrested,
detained or questioned for any reason and notify your probation officer of that contact within 24 hours.
waive extradition back to the State of Maine from any other place.
10. not own, possess or use any firearm or dangerous weapon if you have ever been convicted of a crime in any jurisdiction with a potential penalty of one year or more or any crime involving domestic violence or the use of a firearm or dangerous weapon.
pay to the Department. of Corrections a supervision fee of $ 10.00 per month.
provide a DNA sample as required.
submit to random search and testing for drugs at the direction of a probation or law enforcement officer.
pay restitution as stated earlier.
PHARMACY CONDTIONS: PRESCRIBED MEDS BY A PHYSICIAN TAKEN AS DIRECTED; ALL MEDS PRESCRIBED MUST BE KNOWN TO PPO; EXECUTE MED RELEASE FORM; USE/DESIGNATE ONE PHARMACY; KEEP PROOF OF ALL PRESCRIBED NARCOTICS ON PERSON AT ALL TIMES.
Have no contact of any kind with TROY CORBIN and the family of said person. 05/09/2003 Charge(s): 6
RULING - . ORIGINAL ORDERED ON 05/09/2003
Attorney: ROBERT SANDY :
DA: LARA NOMANI Reporter: LAURIE GOULD
INSERTED VIA FEE PROCESSING
It is adjudged that the defendant is guilty of 6 UNLAWFUL TRAFFICKING IN SCHEDULED DRUGS 17-A 1103(1) Class C as charged and convicted.
The defendant is sentenced to the KENNEBEC COUNTY JAIL for a term of 6 month(s).
This sentence to be served concurrently with: AUGSCCR200000391 Charge: 1 Page 11 of 13 Printed on: 11/13/2003 06/03/2003
06/03/2003
06/18/2003
06/20/2003
07/15/2003
DOCKET RECORD Execution stayed to on or before: 06/09/2003 at 06:00.
RULING - ORIGINAL ISSUED ON 05/09/2003
DA: LARA NOMANT Reporter: LAURIE GOULD Defendant Present in Court
DEFENDANT ACKNOWLEDGES RECEIPT Charge(s): 6
RULING - ORIGINAL ISSUED ON 05/09/2003 DONALD H MARDEN , JUSTICE
DA: LARA NOMANI Reporter: LAURIE GOULD Defendant Present in Court
DEFENDANT ACKNOWLEDGES RECEIPT Charge(s): 1 ABSTRACT - SBI EDI ON 06/03/2003
LAST EDI SENT: 06/03/2003 21:30:55 Charge(s): 6 ABSTRACT - SBI EDI ON 06/03/2003
LAST EDI SENT: 06/03/2003 21:30:57 BAIL BOND - SURETY BAIL BOND BAIL RELEASED ON 06/18/2003
Date Bailed: 09/27/2000 Lien Issued: 09/27/2000
OTHER FILING - OTHER DOCUMENT FILED ON 06/18/2003
REBECCA WOOD-THIRD PARTY REQUEST FOR HEARING AND AFFIDAVIT REBECCA WOOD ON BEHALF OF ALEX WOOD REQUEST FOR HEARING AND AFFIDAVIT REBECCA WOOD ON BEHALF OF RYAN WOOD REQUEST FOR HEARING AND AFFIDAVIT ELIZABETH MYRON REQUEST FOR HEARING AND AFFIDAVIT
Charge(s): 4,5,7
HEARING - CRIMINAL FORFEITURE SCHEDULED FOR 07/11/2003
HEARING - CRIMINAL FORFEITURE HELD ON 07/11/2003 DONALD H MARDEN , JUSTICE
DA: LARA NOMANI Reporter: LAURIE GOULD Defendant Present in Court
COUNSEL IS TO FILE CITES OF LAW TO ENABLE A WRITTEN DECISION, MATERIALS TO THE COURT BY
9/1/03 ALLOWING RESPONSE BY 9/15.
CASE STATUS - CASE FILE LOCATION ON 07/15/2003 DONALD H MARDEN , JUSTICE
Page 12 of 13 Printed on: 11/13/2003 09/05/2003
09/05/2003
10/23/2003
11/13/2003
DOCKET RECORD CASE STATUS - CASE FILE RETURNED ON 08/25/2003
OTHER FILING - OTHER DOCUMENT FILED ON 09/02/2003
DA: LARA NOMANT STATE'S MEMORANDUM GIVEN TO JUSTICE MARDEN OTHER FILING - OTHER DOCUMENT FILED ON 10/21/2003
MEMORANDUM OF ANCILLARY THIRD PARTIES IN OPPOSITION TO FORFEITURE OF SEIZED PROPERTY ORDER - COURT ORDER ENTERED ON 11/13/2003
MOTION - MOTION FOR RETURN OF PROPERTY DENIED ON 11/13/2003
COPIES TO PARTIES/COUNSEL
Receipts 05/09/2003 Case Payment $50.00 paid.
A TRUE COPY
ATTEST:
Clerk
Page 13 of 13 Printed on: 11/13/2003