STATE OF MAINE SUPERIOR COURT KENNEBEC, ss. Docket No.: 08-CR-043 (.. ) j I I
State of Maine,
DECISION AND ORDER v.
Abraham Zorrilla,
Defendant
This matter was heard on April 6, 2009, on Defendant's Motion to Suppress Evidence. Assistant Attorney General William Savage represented the State. Attorney James Billings represented the Defendant. 1 Through his motion, Defendant seeks to suppress evidence that Defendant maintains was obtained after Defendant invoked his right to counsel, which evidence includes statements made by the Defendant.
Factual Background
The hearing revealed that on January 15, 2008, law enforcement officials conducted a search of property in which Melissa Massie was residing. After law enforcement entered the residence, before proceeding with the search, they placed Ms. Massie and the Defendant, who was present at the time, in handcuffs and directed them to sit in a specific location.
While the search was being conducted, Defendant and Peter Struck of the Maine Drug Enforcement Agency engaged in a brief conversation. As the result of that conversation, Agent Struck arranged to speak with Defendant in Agent Struck's vehicle. Defendant contends that while he was in the residence, he communicated in Spanish to
I Upon Defendant's request, a Spanish-speaking interpreter was provided, and assisted Defendant
in preparation for and during the hearing. Ms. Massie that he wanted to consult with a lawyer before speaking with Agent Struck. According to Defendant, Ms. Massie communicated that to Agent Struck, or at least in Agent Struck's presence. Agent Struck refuted Defendant's contention, and further testified that he did not hear Defendant speak in Spanish during the search.
Subsequently, Agent Struck met with the Defendant in Agent Struck's vehicle. Before questioning the Defendant, Agent Struck informed the Defendant of his Miranda rights. Defendant told Agent Struck that he understood the rights as explained. Defendant did not ask to speak with an attorney. Thereafter, Defendant answered Agent Struck's questions.
Discussion Defendant asserts that he invoked his right to counsel when he was in the residence during the search. In particular, he contends that he expressed his desire to speak with an attorney in Spanish, and that Ms. Massie expressed it in English.
The Maine Law Court recently had an opportunity to reiterate the scope of a person's right to counsel when that person is subject to a custodial interrogation? In State v. Neilsen, 2008 ME 77, 946 A.2d 382, the Law Court wrote, "The United States Supreme Court established in Miranda v. Arizona that, pursuant to the Fifth Amendment, a suspect subject to custodial interrogation has the right to consult with an attorney and to have an attorney present during questioning. 384 U.S. 436, 469-70,86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). If a defendant invokes his right to counsel at any time during an interview with police, 'he is not subject to further questioning until a lawyer has been made available or the suspect himself reinitiates conversation.' Davis v. United States, 512 U.S. 452, 458, 114 S. Ct. 2350, 129 L. Ed. 2d 362 (1994); see also State v. King, 1998 ME 60, P9, 708 A.2d 1014, 1017 (providing that Maine courts apply the Davis rule in assessing invocations of the right to counsel)."
2008 ME 77,' 15.
2The State agrees that Agent Struck conducted a custodial interrogation of Defendant while Defendant was in Agent Struck's vehicle. As the Law Court confirmed in Neilsen, a defendant must invoke the right to counsel in order for a defendant's right to counsel to be implicated during a custodial interrogation. In this case, the parties dispute whether the Defendant asked to speak with an attorney.
Based on the evidence presented at the hearing, the Court concludes that Defendant did not invoke his right to counsel. Simply stated, the Court finds the Defendant's testimony regarding his request for an attorney to be less than credible. During the interrogation, Defendant demonstrated a familiarity with and a clear understanding of the English language. He plainly understood Agent Struck's questions, and answered them in English without difficulty. Given the Defendant's ability to speak English, his suggestion that he used the Spanish language to invoke his right to counsel is illogical. Furthermore, consistent with Agent Struck's testimony that the Defendant did not speak in a language other than English when the Defendant was in the residence, Defendant's testimony is uncorroborated by any other person who was present during the search. Finally, had the Defendant invoked his right to counsel in the residence, he presumably would have reminded Agent Struck of his request when he had a conversation in English with Agent Struck while they were in Agent Struck's vehicle?
In sum, based on the evidence presented, the Court concludes that Defendant did not request to speak with an attorney prior to or during the custodial interrogation on January 15,2008.
Conclusion
Based on the foregoing analysis, the Court denies Defendant's Motion to Suppress.
3 The Court does not suggest that Defendant had to invoke the right to counsel a second time if he had requested counsel while he was in the residence. Rather, the Court cites Defendant's failure to reiterate the request as further evidence of Defendant's lack of credibility on the central issue whether Defendant requested counsel in the residence as he asserts. The Clerk shall incorporate this Decision and Order into the docket by reference.
Dated: ,,/to/Of STA.TE OF MAINE SUPERIOR COURT vs KENNEBEC, ss. ABRAHAM ZORRILLA Docket No AUGSC-CR-2008-00043 7 TEMPLE STREET LAWRENCE MA DOCKET RECORD
DOB: 09/10/1986 Attorney: JAMES BILLINGS State's Attorney: WILLIAM SAVAGE LIPMAN & KATZ & MCKEE, PA 227 WATER STREET PO BOX 1051 AUGUSTA ME 04332-1051 APPOINTED 05/19/2008
Filing Document: CRIMINAL COMPLAINT Major Case Type: FELONY (CLASS A,B,C) Filing Date: 01/16/2008
Charge(s)
1 AGGRAVATED TRAFFICKING OF SCHEDULE W DRUG 01/15/2008 AUGUSTA Seq 11072 17-A 1105-A(I) (E) (1) Class A
2 CRIMINAL FORFEITURE OF PROPERTY 01/15/2008 AUGUSTA Seq 7049 15 5826 Class U Charged with INDICTMENT on Supplem
Docket Events:
01/16/2008 FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON 01/16/2008
01/16/2008 Charge(s): 1 HEARING - INITIAL APPEARANCE SCHEDULED FOR 01/16/2008 @ 1:00
NOTICE TO PARTIES/COUNSEL 01/17/2008 Charge(s): 1 HEARING - INITIAL APPEARANCE HELD ON 01/16/2008 JOHN NIVISON, JUSTICE 01/17/2008 Charge(s): 1 PLEA - NO ANSWER ENTERED BY DEFENDANT ON 01/16/2008
01/17/2008 Charge(s): 1 HEARING - STATUS CONFERENCE SCHEDULED FOR 03/11/2008 @ 10:00
01/17/2008 BAIL BOND - $10,000.00 CASH BAIL BOND SET BY COURT ON 01/16/2008 JOHN NIVISON, JUSTICE 01/17/2008 Charge(s): 1 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 01/16/2008
01/22/2008 Charge(s): 1 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 01/18/2008 JOHN NIVISON, JUSTICE COPY TO PARTIES/COUNSEL 01/22/2008 Party(s): ABRAHAM ZORRILLA ATTORNEY - APPOINTED ORDERED ON 01/18/2008 Page 1 of 7 Printed on: 04/15/2009 ABRAHAM ZORRILLA AUGSC-CR-2008-00043 DOCKET RECORD
Attorney: KEVIN SULLIVAN 01/22/2008 Charge(s): 1 HEARING - STATUS CONFERENCE NOTICE SENT ON 01/30/2008
01/28/2008 Charge(s): 1 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 01/25/2008
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STATE OF MAINE SUPERIOR COURT KENNEBEC, ss. Docket No.: 08-CR-043 (.. ) j I I
State of Maine,
DECISION AND ORDER v.
Abraham Zorrilla,
Defendant
This matter was heard on April 6, 2009, on Defendant's Motion to Suppress Evidence. Assistant Attorney General William Savage represented the State. Attorney James Billings represented the Defendant. 1 Through his motion, Defendant seeks to suppress evidence that Defendant maintains was obtained after Defendant invoked his right to counsel, which evidence includes statements made by the Defendant.
Factual Background
The hearing revealed that on January 15, 2008, law enforcement officials conducted a search of property in which Melissa Massie was residing. After law enforcement entered the residence, before proceeding with the search, they placed Ms. Massie and the Defendant, who was present at the time, in handcuffs and directed them to sit in a specific location.
While the search was being conducted, Defendant and Peter Struck of the Maine Drug Enforcement Agency engaged in a brief conversation. As the result of that conversation, Agent Struck arranged to speak with Defendant in Agent Struck's vehicle. Defendant contends that while he was in the residence, he communicated in Spanish to
I Upon Defendant's request, a Spanish-speaking interpreter was provided, and assisted Defendant
in preparation for and during the hearing. Ms. Massie that he wanted to consult with a lawyer before speaking with Agent Struck. According to Defendant, Ms. Massie communicated that to Agent Struck, or at least in Agent Struck's presence. Agent Struck refuted Defendant's contention, and further testified that he did not hear Defendant speak in Spanish during the search.
Subsequently, Agent Struck met with the Defendant in Agent Struck's vehicle. Before questioning the Defendant, Agent Struck informed the Defendant of his Miranda rights. Defendant told Agent Struck that he understood the rights as explained. Defendant did not ask to speak with an attorney. Thereafter, Defendant answered Agent Struck's questions.
Discussion Defendant asserts that he invoked his right to counsel when he was in the residence during the search. In particular, he contends that he expressed his desire to speak with an attorney in Spanish, and that Ms. Massie expressed it in English.
The Maine Law Court recently had an opportunity to reiterate the scope of a person's right to counsel when that person is subject to a custodial interrogation? In State v. Neilsen, 2008 ME 77, 946 A.2d 382, the Law Court wrote, "The United States Supreme Court established in Miranda v. Arizona that, pursuant to the Fifth Amendment, a suspect subject to custodial interrogation has the right to consult with an attorney and to have an attorney present during questioning. 384 U.S. 436, 469-70,86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). If a defendant invokes his right to counsel at any time during an interview with police, 'he is not subject to further questioning until a lawyer has been made available or the suspect himself reinitiates conversation.' Davis v. United States, 512 U.S. 452, 458, 114 S. Ct. 2350, 129 L. Ed. 2d 362 (1994); see also State v. King, 1998 ME 60, P9, 708 A.2d 1014, 1017 (providing that Maine courts apply the Davis rule in assessing invocations of the right to counsel)."
2008 ME 77,' 15.
2The State agrees that Agent Struck conducted a custodial interrogation of Defendant while Defendant was in Agent Struck's vehicle. As the Law Court confirmed in Neilsen, a defendant must invoke the right to counsel in order for a defendant's right to counsel to be implicated during a custodial interrogation. In this case, the parties dispute whether the Defendant asked to speak with an attorney.
Based on the evidence presented at the hearing, the Court concludes that Defendant did not invoke his right to counsel. Simply stated, the Court finds the Defendant's testimony regarding his request for an attorney to be less than credible. During the interrogation, Defendant demonstrated a familiarity with and a clear understanding of the English language. He plainly understood Agent Struck's questions, and answered them in English without difficulty. Given the Defendant's ability to speak English, his suggestion that he used the Spanish language to invoke his right to counsel is illogical. Furthermore, consistent with Agent Struck's testimony that the Defendant did not speak in a language other than English when the Defendant was in the residence, Defendant's testimony is uncorroborated by any other person who was present during the search. Finally, had the Defendant invoked his right to counsel in the residence, he presumably would have reminded Agent Struck of his request when he had a conversation in English with Agent Struck while they were in Agent Struck's vehicle?
In sum, based on the evidence presented, the Court concludes that Defendant did not request to speak with an attorney prior to or during the custodial interrogation on January 15,2008.
Conclusion
Based on the foregoing analysis, the Court denies Defendant's Motion to Suppress.
3 The Court does not suggest that Defendant had to invoke the right to counsel a second time if he had requested counsel while he was in the residence. Rather, the Court cites Defendant's failure to reiterate the request as further evidence of Defendant's lack of credibility on the central issue whether Defendant requested counsel in the residence as he asserts. The Clerk shall incorporate this Decision and Order into the docket by reference.
Dated: ,,/to/Of STA.TE OF MAINE SUPERIOR COURT vs KENNEBEC, ss. ABRAHAM ZORRILLA Docket No AUGSC-CR-2008-00043 7 TEMPLE STREET LAWRENCE MA DOCKET RECORD
DOB: 09/10/1986 Attorney: JAMES BILLINGS State's Attorney: WILLIAM SAVAGE LIPMAN & KATZ & MCKEE, PA 227 WATER STREET PO BOX 1051 AUGUSTA ME 04332-1051 APPOINTED 05/19/2008
Filing Document: CRIMINAL COMPLAINT Major Case Type: FELONY (CLASS A,B,C) Filing Date: 01/16/2008
Charge(s)
1 AGGRAVATED TRAFFICKING OF SCHEDULE W DRUG 01/15/2008 AUGUSTA Seq 11072 17-A 1105-A(I) (E) (1) Class A
2 CRIMINAL FORFEITURE OF PROPERTY 01/15/2008 AUGUSTA Seq 7049 15 5826 Class U Charged with INDICTMENT on Supplem
Docket Events:
01/16/2008 FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON 01/16/2008
01/16/2008 Charge(s): 1 HEARING - INITIAL APPEARANCE SCHEDULED FOR 01/16/2008 @ 1:00
NOTICE TO PARTIES/COUNSEL 01/17/2008 Charge(s): 1 HEARING - INITIAL APPEARANCE HELD ON 01/16/2008 JOHN NIVISON, JUSTICE 01/17/2008 Charge(s): 1 PLEA - NO ANSWER ENTERED BY DEFENDANT ON 01/16/2008
01/17/2008 Charge(s): 1 HEARING - STATUS CONFERENCE SCHEDULED FOR 03/11/2008 @ 10:00
01/17/2008 BAIL BOND - $10,000.00 CASH BAIL BOND SET BY COURT ON 01/16/2008 JOHN NIVISON, JUSTICE 01/17/2008 Charge(s): 1 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 01/16/2008
01/22/2008 Charge(s): 1 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 01/18/2008 JOHN NIVISON, JUSTICE COPY TO PARTIES/COUNSEL 01/22/2008 Party(s): ABRAHAM ZORRILLA ATTORNEY - APPOINTED ORDERED ON 01/18/2008 Page 1 of 7 Printed on: 04/15/2009 ABRAHAM ZORRILLA AUGSC-CR-2008-00043 DOCKET RECORD
Attorney: KEVIN SULLIVAN 01/22/2008 Charge(s): 1 HEARING - STATUS CONFERENCE NOTICE SENT ON 01/30/2008
01/28/2008 Charge(s): 1 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 01/25/2008
01/30/2008 Charge(s): 1 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 01/28/2008 JOHN NIVISON, JUSTICE COpy TO PARTIES/COUNSEL 01/30/2008 Party(s): ABRAHAM ZORRILLA ATTORNEY - WITHDRAWN ORDERED ON 01/28/2008
Attorney: KEVIN SULLIVAN 01/30/2008 Party (s) : ABRAHAM ZORRILLA ATTORNEY - APPOINTED ORDERED ON 01/28/2008
Attorney: JAMES FLICK 01/31/2008 Charge(s): 1,2 SUPPLEMENTAL FILING - INDICTMENT FILED ON 01/30/2008
01/31/2008 Charge(s): 1 HEARING - STATUS CONFERENCE NOT HELD ON 01/31/2008
01/31/2008 Charge(s): 1,2 HEARING - ARRAIGNMENT SCHEDULED FOR 02/20/2008 @ 8:30
01/31/2008 Charge (s) : 1,2 HEARING - ARRAIGNMENT NOTICE SENT ON 01/31/2008
02/:20/2008 Charge(s): 1,2 HEARING - ARRAIGNMENT HELD ON 02/20/2008 JOSEPH M JABAR , JUSTICE Attorney: JAMES FLICK DA: JAMES MITCHELL Reporter: KATHLEEN CASEY Defendant Present in Court
READING WAIVED. DEFENDANT INFORMED OF CHARGES. COpy OF INDICTMENT/INFORMATION GIVEN TO DEFENDANT. 21 DAYS TO FILE MOTIONS 02/20/2008 Charge(s): 1,2 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 02/20/2008
02/28/2008 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 02/28/2008
02/28/2008 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 04/07/2008 @ 8:30
NOTICE TO PARTIES/COUNSEL 04/07/2008 HEARING - MOTION TO SUPPRESS NOT HELD ON 04/07/2008
DEFENDANT WANTS HIS ATTORNEY TO WITHDRAW 04/07/2008 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 05/06/2008 @ 8:30 Page 2 of 7 Printed on: 04/15/2009 ABRAHAM ZORRILLA AUGSC-CR-2008-00043 DOCKET RECORD
NOTICE TO PARTIES/COUNSEL 04/07/2008 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 04/07/2008
04/15/2008 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 04/07/2008 M MICHAELA MURPHY / JUSTICE COPY TO PARTIES/COUNSEL 04/15/2008 Party(s): ABRAHAM ZORRILLA ATTORNEY - WITHDRAWN ORDERED ON 04/07/2008
Attorney: JAMES FLICK 04/15/2008 Party(s): ABRAHAM ZORRILLA ATTORNEY - APPOINTED ORDERED ON 04/07/2008
Attorney: JOSHUA KLEIN-GOLDEN 04/16/2008 NOTE - OTHER CASE NOTE ENTERED ON 04/15/2008
REQUEST FOR SPANISH INTERPRETER FAXED. 04/18/2008 MOTION - MOTION TO CONTINUE FILED BY STATE ON 04/18/2008
04/23/2008 NOTE - OTHER CASE NOTE ENTERED ON 04/23/2008
CONFIRMATION OF SPANISH INTREPRETER. NOTIFIED THIS DATE VIA EMAIL THAT MOTION HEARING WILL BE RESCHEDULED AND THEY WILL BE NOTIFIED OF THE NEW DATE. 04/25/2008 MOTION - MOTION TO CONTINUE GRANTED ON 04/22/2008
COPY TO PARTIES/COUNSEL 04/25/2008 HEARING - MOTION TO SUPPRESS CONTINUED ON 04/22/2008
04/25/2008 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 05/14/2008 @ 1:00
NOTICE TO PARTIES/COUNSEL 04/25/2008 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 04/25/2008
04/.25/2008 NOTE - OTHER CASE NOTE ENTERED ON 04/25/2008
REQUEST FOR SPANISH INTREPRETER FAXED ON THIS DATE. 05/13/2008 Charge(s): 1/2 TRIAL - DOCKET CALL SCHEDULED FOR 06/02/2008 @ 11:15
05/15/2008 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 05/15/2008
Attorney: JOSHUA KLEIN-GOLDEN 05/15/2008 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 05/15/2008
05/19/2008 NOTE - OTHER CASE NOTE ENTERED ON 05/19/2008
REQUEST FOR SPANISH INTERPRETER FAXED THIS DATE. OS/20/2008 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 05/19/2008 JOSEPH M JABAR / JUSTICE COpy TO PARTIES/COUNSEL OS/20/2008 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 05/19/2008 JOSEPH M JABAR , JUSTICE Page 3 of 7 Printed on: 04/15/2009 ABRAHAM ZORRILLA AUGSC-CR-2008-00043 DOCKET RECORD COPY TO PARTIES/COUNSEL OS/20/2008 Party(s): ABRAHAM ZORRILLA ATTORNEY - WITHDRAWN ORDERED ON 05/19/2008
Attorney: JOSHUA KLEIN-GOLDEN OS/20/2008 Party(s) : ABRAHAM ZORRILLA ATTORNEY - APPOINTED ORDERED ON 05/19/2008
Attorney: JAMES BILLINGS OS/23/2008 HEARING - MOTION TO SUPPRESS NOT HELD ON 05/14/2008
DEFENDANT REQUESTED NEW LAWYER OS/23/2008 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 08/14/2008 @ 8:30
NOTICE TO PARTIES/COUNSEL OS/28/2008 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON OS/28/2008
OS/29/2008 MOTION - MOTION TO CONTINUE GRANTED ON OS/29/2008 JOSEPH M JABAR , JUSTICE COPY TO PARTIES/COUNSEL OS/29/2008 Charge(s): 1,2 TRIAL - DOCKET CALL CONTINUED ON OS/29/2008
05/30/2008 NOTE - OTHER CASE NOTE ENTERED ON 05/30/2008
INTERPRETER RESCHEDULED FOR 8/14/08 @ 8:30AM. 06/24/2008 MOTION - MOTION FOR EXTENSION OF TIME FILED BY DEFENDANT ON 06/24/2008
06/24/2008 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 06/24/2008
06/24/2008 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 08/14/2008 @ 8:30
NOTICE TO PARTIES/COUNSEL 06/25/2008 HEARING - MOTION FOR EXTENSION OF TIME SCHEDULED FOR 07/08/2008 @ 8:30
NOTICE TO PARTIES/COUNSEL 06/25/2008 HEARING - MOTION FOR EXTENSION OF TIME NOTICE SENT ON 06/25/2008
07/07/2008 MOTION - MOTION FOR MENTAL EXAMINATION FILED BY DEFENDANT ON 07/03/2008
07/09/2008 HEARING - MOTION FOR MENTAL EXAMINATION SCHEDULED FOR 07/10/2008 @ 8:00 NANCY MILLS , JUSTICE ATTYS NOTIFIED BY TELEPHONE. SPANISH INTERPRETER SCHEDULED. 07/10/2008 HEARING - MOTION FOR MENTAL EXAMINATION HELD ON 07/10/2008 NANCY MILLS I JUSTICE Attorney: JAMES BILLINGS DA: WILLIAM SAVAGE TAPE 1004, INDEX 1338-2140 INTERPRETER RAYMOND BEAUCAGE 07/10/2008 PSYCHIATRIC EXAM - STAGE ONE EXAM ORDERED ON 07/10/2008 NANCY MILLS JUSTICE I
COPY TO STATE FORENSIC SERVICE WITH COPY OF INDICTMENT AND DOCKET RECORD 07/10/2008 HEARING - MOTION FOR EXTENSION OF TIME HELD ON 07/10/2008 Page 4 of 7 Printed on: 04/15/2009 ABRAHAM ZORRILLA AUGSC-CR-2008-00043 DOCKET RECORD NANCY MILLS , JUSTICE Attorney: JAMES BILLINGS DA: WILLIAM SAVAGE TAPE 1004, INDEX 1338 - 2140 07/10/2008 MOTION - MOTION FOR EXTENSION OF TIME GRANTED ON 07/10/2008 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL 07/10/2008 MOTION - MOTION FOR MENTAL EXAMINATION GRANTED ON 07/10/2008
COPY SENT TO STATE FORENSIC SERVICE 08/15/2008 PSYCHIATRIC EXAM - STAGE ONE REPORT FILED ON 08/14/2008
Cspy TO DA'S OFFICE AND ATTY ON 8/15/08. 08/27/2008 HEARING - MOTION TO SUPPRESS NOT HELD ON 08/14/2008
08/27/2008 HEARING - MOTION TO SUPPRESS NOT HELD ON 08/14/2008
08/27/2008 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 09/04/2008 @ 8:30
NOTICE TO PARTIES/COUNSEL 08/27/2008 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 09/04/2008 @ 8:30
NOTICE TO PARTIES/COUNSEL 09/04/2008 PSYCHIATRIC EXAM - STAGE TWO EXAM ORDERED ON 09/04/2008 JOHN NIVISON, JUSTICE EXAM SCHEDULED FOR SEPTEMBER 25, 2008 AT 9:00 EXAM RESCHEDULED FOR OCTOBER 22, 2008 AT 10:00 09/04/2008 HEARING - MOTION TO SUPPRESS CONTINUED ON 09/04/2008
09/04/2008 HEARING - MOTION TO SUPPRESS CONTINUED ON 09/04/2008
09/04/2008 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 12/05/2008 @ 8:30
NOTICE TO PARTIES/COUNSEL 09/10/2008 OTHER FILING - OTHER DOCUMENT FILED ON 09/10/2008
REQUEST FOR INTERPRETER 09/29/2008 PSYCHIATRIC EXAM - STAGE TWO REPORT FILED ON 09/29/2008
10/02/2008 OTHER FILING - OTHER DOCUMENT FILED ON 10/02/2008
LETTER FROM JAMES BILLINGS REQUESTING STAGE III EXAM 10/07/2008 HEARING - CONFERENCE SCHEDULED FOR 10/09/2008 @ 8:30 in Room No. 3
NOTICE TO PARTIES/COUNSEL PHONE CONFERENCE WITH JUDGE NIVISON/BILL SAVAGE AND JAMES BILLINS TO INITIATE THE CALL. 10/29/2008 PSYCHIATRIC EXAM - STAGE TWO REPORT FILED ON 10/29/2008
PSYCHIATRIC PORTION OF STAGE II EVALUATION 11/12/2008 HEARING - CONFERENCE SCHEDULED FOR 11/14/2008 @ 8:00 JOHN NIVISON, JUSTICE NOTICE TO PARTIES/COUNSEL 11/14/2008 PSYCHIATRIC EXAM - STAGE THREE EXAM ORDERED ON 11/14/2008 Page 5 of 7 Printed on: 04/15/2009 ABRAHAM ZORRILLA AUGSC-CR-2008-00043 DOCKET RECORD
11/20/2008 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 11/20/2008
11/20/2008 MOTION - MOTION FOR FUNDS FILED BY DEFENDANT ON 11/20/2008
11/21/2008 MOTION - MOTION FOR FUNDS GRANTED ON 11/21/2008 M MICHAELA MURPHY , JUSTICE COPY TO PARTIES/COUNSEL 11/21/2008 MOTION - MOTION TO CONTINUE GRANTED ON 11/21/2008 M MICHAELA MURPHY , JUSTICE COPY TO PARTIES/COUNSEL 11/21/2008 HEARING - CONFERENCE HELD ON 11/14/2008 JOHN NIVISON, JUSTICE Attorney: JAMES BILLINGS DA: WILLIAM SAVAGE 11/21/2008 HEARING - CONFERENCE HELD ON 10/09/2008 JOHN NIVISON, JUSTICE Attorney: JAMES BILLINGS DA: WILLIAM SAVAGE 11/21/2008 HEARING - MOTION TO SUPPRESS CONTINUED ON 11/21/2008
12/06/2008 OTHER FILING - OTHER DOCUMENT FILED ON 12/04/2008
LETTER .FROM ANN LEBLANC TO RIVERVIEW PSYCHIATRIC CENTER ADMITING MR. ZORRILLA 12/06/2008 OTHER FILING - OTHER DOCUMENT FILED ON 12/04/2008
LETTER FROM ANN LEBLANC TO INTERESTED PARTIES, DATE OF DECEMBER 16TH AT 1:00 FOR STAGE III EVAL 12/18/2008 OTHER FILING - OTHER DOCUMENT FILED ON 12/18/2008
PER THE ORDER OF THE NONORABLE JOHN NIVISON, PRESIDING JUSTICE, KENNEBEC SUPERIOR COURT, DATED11/14 (ADMITTED (11/25), YOU ARE HEREBY AUTHORIZED TO SICHARGE THE DEFENDANT FROM THE RIVERVIEW PSYCHIATRIC CENTER AND THE CUSTODY OF THE COMMISSIONER OF THE DHS 01/12/2009 OTHER FILING - FORENSIC REPORT FILED ON 01/09/2009
COPIES TO PARTIES/COUNSEL ON 1/12/09. 01/.21/2009 MOTION - MOTION FOR FUNDS FILED BY DEFENDANT ON 01/21/2009
01/21/2009 MOTION - MOTION FOR FUNDS GRANTED ON 01/21/2009 JOHN NIVISON, JUSTICE COpy TO PARTIES/COUNSEL 02/19/2009 HEARING - MOTION TO SUPPRESS STATEMENT SCHEDULED FOR 03/23/2009 @ 8:15 JOSEPH M JABAR , JUSTICE NOTICE TO PARTIES/COUNSEL 02/19/2009 Charge(s): 1,2 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 03/23/2009 @ 8:15 JOSEPH M JABAR , JUSTICE NOTICE TO PARTIES/COUNSEL 02/19/2009 Charge(s): 1,2 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 02/19/2009
02/19/2009 HEARING - MOTION TO SUPPRESS STATEMENT NOTICE SENT ON 02/19/2009
Page 6 of 7 Printed on: 04/15/2009 ABRAHAM ZORRILLA AUGSC-CR-2008-00043 DOCKET RECORD 03/13/2009 Charge(s): 1,2 HEARING - MOTION TO SUPPRESS NOT HELD ON 03/13/2009
03/19/2009 HEARING - MOTION TO SUPPRESS STATEMENT NOT HELD ON 03/19/2009
03/27/2009 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 04/06/2009 @ 11:30 JOHN NIVISON, JUSTICE NOTICE TO PARTIES/COUNSEL 03/27/2009 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 04/06/2009 @ 11:30
NOTICE TO PARTIES/COUNSEL 04/08/2009 HEARING - MOTION TO SUPPRESS HELD ON 04/06/2009 JOHN NIVISON, JUSTICE Reporter: TAMMY DROUIN Defendant Present in Court 04/08/2009 HEARING - MOTION TO SUPPRESS HELD ON 04/06/2009 JOHN NIVISON, JUSTICE Reporter: TAMMY DROUIN Defendant Present in Court 04/08/2009 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 04/06/2009 JOHN NIVISON, JUSTICE 04/08/2009 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 04/06/2009 JOHN NIVISON, JUSTICE 04/08/2009 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 04/07/2009
04/15/2009 MOTION - MOTION TO SUPPRESS DENIED ON 04/14/2009 JOHN NIVISON, JUSTICE COpy TO PARTIES/COUNSEL 04/15/2009 MOTION - MOTION TO SUPPRESS DENIED ON 04/14/2009 JOHN NIVISON, JUSTICE COPY TO PARTIES/COUNSEL 04/15/2009 Charge(s): 1,2 TRIAL - DOCKET CALL SCHEDULED FOR 06/02/2009
A TRUE COPY ATTEST: Clerk
Page 7 of 7 Printed on: 04/15/2009