State of Maine V. Beasley

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STATE OF MAINE CUMBERLAND, ss. UNIFIED CRIMINAL DOCKET CUMUCD-CR-13-694 , ¢·'LP ll'jJ r ·-·I 'U ' ¢ ,., ¢JI' ··' ·''J./ -'; I /' ;Lf!/ ': , ;' £,, J ., I STATE OF MAINE v. DECISION JESS BEASLEY Defendant, Jess Beasley, seeks to suppress a recorded phone call on the grounds that he did not consent to have the call recorded in Massachusetts, where he was residing at the time he received the call. Massachusetts is a so-called "two party" state whereas Maine is a so-called "one party" state. Paige Sawyer, the alleged victim in this case, made the reocrded call at the request of a Portland police detective. During the call Mr. Beasley made incriminating statements. He also stated that he was worried that the call was being recorded. The stipulated facts reveal that the Portland police were aware at the time of the call that Mr. Beasley was likely living with his mother in Martha's Vineyard. However, the stipulated facts do not indicate where Mr. Beasley was domiciled. His cell phone still used a Maine area code. Also, at the time of the rape and assault, Mr. Beasley had been living in Portland. Ms. Sawyer lived in Maine at the time of the crime and at the time of the call. Although not precisely on point, the logic of State v. Lipham is persuasive. Lipham states that in determining choice of law issues, the law of the state with the most significant relationship to the recorded conversation prevails. Here, as in Lipham, the communication was initiated in Maine and recorded in Maine. The communication concerned felonies committed in Maine and concerned two persons who at the time of the crimes were both residents of Maine. Furthermore, the case will be tried in Maine. The fact that Mr. Beasley was staying with his mother in Massachusetts, in the absence of any evidence that he had changed his domicile to Massachusetts, does not begin to outweigh the facts that favor Maine law. Finally, according to the discovery, Mr. Beasley was aware of the danger of having the call recorded. He cannot argue that he was somehow duped into making incriminating statements by his reliance on the Massachusetts "two party" consent law in regard to recorded calls. For the above stated reasons, the clerk will make the following entry on the docket by reference. Defendant Jess Beasley's motion to suppress is denied in all respects. DATED: September 4, 2013 William S. B~odrick Active-Retired Justice, Superior Court STATE OF MAINE CRIMINAL DOCKET CUMBERLAND, ss. Docket No CUMCD-CR-2013-00694 VS JESS B BEASLEY 148 CLARK STREET #3 PORTLAND ME 04102 DOCKET RECORD DOB: 01/20/1989 Attorney: ROBERT RUFFNER ROBERT J RUFFNER ATTORNY AT LAW 415 CONGRESS STREET, SUITE 202 PORTLAND ME 04101 RETAINED 05/20/2013 Filing Document: CRIMINAL COMPLAINT Filing Date: 01/31/2013 State's Attorney: STEPHANIE ANDERSON Major Case Type: FELONY (CLASS A,B,C) Charge(s) 1 GROSS SEXUAL ASSAULT Seq 4262 17-A 253 (1) (A) SWEATT I POR Class A 0911512012 PORTLAND 2 AGGRAVATED ASSAULT Seq 633 17-A 208 (1) (C) SWEATT I POR Class B 0911512012 PORTLAND 3 DOMESTIC VIOLENCE CRIMINAL THREATENING, WITH A DANGEROUS WEAPON Seq 11290 17-A 209-A(1) (A) Class C SWEATT I POR 0911512012 PORTLAND 4 DOMESTIC VIOLENCE TERRORIZING Seq 11294 17-A 210-B(1) (A) SWEATT I POR 0911512012 PORTLAND Class D Docket Events: 01/31/2013 FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON 01/31/2013 01/31/2013 Charge(s): 1,2,3,4 WARRANT - ON AFFIDAVIT REQUESTED ON 01/31/2013 01/31/2013 Charge(s): 1,2,3,4 WARRANT- $50,000.00 ON AFFIDAVIT ORDERED ON 01/31/2013 RICHARD MULHERN , JUDGE $50,000. CASH- NO CONTACT, DIRECT/INDIRECT, W/ PAIGE SAWYER DOB: 03/30/93; SHALL NOT ENTER OR GO UPON PREMISES OF ANY RESIDENCE/PLACE OF EMPLOYMENT/PLACE OF EDUCATION OF SAME; NO USE/POSS OF ILLEGAL DRUGS/DANGEROUS WEAPONS AND SUBMIT TO RANDOM SEARCH/TESTING FOR SAME. 01/31/2013 Charge(s): 1,2,3,4 WARRANT - $50,000.00 ON AFFIDAVIT ISSUED ON 01/31/2013 $50,000. CASH- NO CONTACT, DIRECT/INDIRECT, W/ PAIGE SAWYER DOB: 03/30/93; SHALL NOT ENTER OR GO UPON PREMISES OF ANY RESIDENCE/PLACE OF EMPLOYMENT/PLACE OF EDUCATION OF SAME; NO USE/POSS OF ILLEGAL DRUGS/DANGEROUS WEAPONS AND SUBMIT TO RANDOM SEARCH/TESTING FOR CR 200 Page 1 of 4 Printed on: 09/04/2013 JESS B BEASLEY CUMCD-CR-2013-00694 DOCKET RECORD SAME. 01/31/2013 Charge(s): 1,2,3,4 WARRANT - ON AFFIDAVIT MODIFY ACKNOWLEDGED ON 01/31/2013 at 11:21 a.m. 03/06/2013 Charge(s): 1,2,3,4 WARRANT- ON AFFIDAVIT EXECUTED BY AGENCY ON 03/06/2013 at 05:40p.m. 03/07/2013 WARRANT- $50,000.00 ON AFFIDAVIT ORDERED ON 03/07/2013 $50,000.00 CASH-NO CONTACT, DIRECT /INDIRECT W/PAIGE SWAYER DOB 3/30/93; SHAL NOT ENTER OR GO UPON PREMISES OF AN RESIDENCE/PLACE OF EMPLOYMENT/PLACE OF EDUCATION OF SAME; NO USE/POSS. OF ILLEGAL DRUGS/DANGEROUS WEAPONS AND SUBMIT TO RANDOM SEACH AND TESTING FOR SAME. 03/07/2013 WARRANT- $50,000.00 ON AFFIDAVIT ISSUED ON 03/07/2013 $50,000.00 CASH-NO CONTACT, DIRECT /INDIRECT W/PAIGE SWAYER DOB 3/30/93; SHAL NOT ENTER OR GO UPON PREMISES OF AN RESIDENCE/PLACE OF EMPLOYMENT/PLACE OF EDUCATION OF SAME; NO USE/POSS. OF ILLEGAL DRUGS/DANGEROUS WEAPONS AND SUBMIT TO RANDOM SEACH AND TESTING FOR SAME. 03/07/2013 Charge(s): 1,2,3,4 SUPPLEMENTAL FILING - INDICTMENT FILED ON 03/07/2013 JAMES TURCOTTE , ASSISTANT CLERK 03/08/2013 WARRANT- ON AFFIDAVIT MODIFY ACKNOWLEDGED ON 03/08/2013 at 03:30p.m. 03/18/2013 Party(s): JESS B BEASLEY ATTORNEY - RETAINED ENTERED ON 03/18/2013 Attorney: 03/18/2013 WARRANT - DAVID BATE ON AFFIDAVIT EXECUTED BY AGENCY ON 03/18/2013 at 02:51p.m. 03/21/2013 Charge(s): 1,2,3,4 HEARING - ARRAIGNMENT HELD ON 03/20/2013 MARY KELLY , JUDGE DA: JENNIFER ACKERMAN DEFENDANT INFORMED OF CHARGES. 21 DAYS TO FILE MOTIONS 03/21/2013 Charge(s): 1,2,3,4 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 03/20/2013 TAPE #4827 Defendant Present in Court 03/21/2013 BAIL BOND CASH BAIL BOND SET BY COURT ON 03/20/2013 MARY KELLY , JUDGE 50,000.SS/$10,000.CASH W/ MPS CONTRACT 03/21/2013 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 05/22/2013 in Room No. 03/21/2013 TRIAL - JURY TRIAL SCHEDULED FOR 07/08/2013 at 08:30 a.m. in Room No. & CONDS. 7 11 NOTICE TO PARTIES/COUNSEL 04/03/2013 OTHER FILING PRETRIAL SERVICES CONTRACT FILED ON 04/03/2013 04/04/2013 OTHER FILING - PRETRIAL SERVICES CONTRACT APPROVED ON 04/03/2013 ROLAND A COLE , JUSTICE 04/08/2013 BAIL BOND- $10,000.00 CASH BAIL BOND FILED ON 04/08/2013 CR 200 Page 2 of 4 Printed on: 09/04/2013 JESS B BEASLEY CUMCD-CR-2013-00694 DOCKET RECORD Bail Receipt Type: CR Bail Amt: $10,000 Receipt Type: CK Prvdr Name: BRIAN BEASLEY Rtrn Name: BRIAN BEASLEY 837 ** SEE ASSIGNMENT OF CASH BAIL MOTION TO CONTINUE FILED BY DEFENDANT ON 04/19/2013 Date Bailed: 04/04/2013 3.7.45 04/19/2013 MOTION - UNOPPOSED MOTION TO CONTINUE 5/22 DISPO 04/22/2013 MOTION - MOTION TO CONTINUE GRANTED ON 04/22/2013 MARY KELLY , JUDGE COPY TO PARTIES/COUNSEL 04/23/2013 HEARING - DISPOSITIONAL CONFERENCE CONTINUED ON 04/22/2013 MARY KELLY , JUDGE 04/23/2013 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 05/29/2013 at 10:00 a.m. in Room No. 04/23/2013 HEARING - 7 DISPOSITIONAL CONFERENCE NOTICE SENT ON 05/20/2013 05/03/2013 Charge(s): 1,2,3,4 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 05/03/2013 05/06/2013 Charge(s): 1,2,3,4 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 05/06/2013 ROLAND A COLE , JUSTICE COPY TO PARTIES/COUNSEL 05/06/2013 Party(s): JESS B BEASLEY ATTORNEY - WITHDRAWN ORDERED ON 05/06/2013 Attorney: DAVID BATE 05/20/2013 Party(s): JESS B BEASLEY ATTORNEY - RETAINED ENTERED ON 05/20/2013 Attorney: ROBERT RUFFNER 05/20/2013 OTHER FILING - OTHER DOCUMENT FILED ON 05/20/2013 CASH BAIL ASSIGNMENT FILED 05/20/2013 NOTE - OTHER CASE NOTE ENTERED ON 05/20/2013 DEBBIE COOK , ASSISTANT CLERK TIME CHANGED TO 10 AM DUE TO ATTORNEY RUFFNER'S APPEARANCE 05/29/2013 HEARING - DISPOSITIONAL CONFERENCE HELD ON 05/29/2013 RICHARD MULHERN , JUDGE Attorney: ROBERT RUFFNER DA: KATHERINE TIERNEY NEEDS TO BE ARRAIGNED. MOTION AND TRIAL DATE MOVED. 05/29/2013 TRIAL - JURY TRIAL CONTINUED ON 05/29/2013 05/29/2013 TRIAL- JURY TRIAL SCHEDULED FOR 08/12/2013 at 08:30a.m. in Room No. 11 NOTICE TO PARTIES/COUNSEL 05/30/2013 TRIAL - JURY TRIAL NOTICE SENT ON 05/30/2013 07/31/2013 Charge(s): 1,2,3,4 CR 200 Page 3 of 4 Printed on: 09/04/2013 JESS B BEASLEY CUMCD-CR-2013-00694 DOCKET RECORD MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 07/31/2013 NO OBJ BY STATE 07/31/2013 Charge(s): 1,2,3,4 MOTION - MOTION TO CONTINUE GRANTED ON 07/31/2013 THOMAS D WARREN , JUSTICE COPY TO PARTIES/COUNSEL 07/31/2013 TRIAL - JURY TRIAL CONTINUED ON 07/31/2013 THOMAS D WARREN , JUSTICE 07/31/2013 Charge(s): 1,2,3,4 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 07/31/2013 07/31/2013 Charge(s): 1,2,3,4 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 08/27/2013 at 01:00 p.m. in Room No. 1 NOTICE TO PARTIES/COUNSEL 07/31/2013 Charge{s): 1,2,3,4 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 07/31/2013 08/01/2013 TRIAL - JURY TRIAL SCHEDULED FOR 09/23/2013 at 08:30 a.m. in Room No. 11 NOTICE TO PARTIES/COUNSEL 08/27/2013 Charge(s): 1,2,3,4 HEARING - MOTION TO SUPPRESS HELD ON 08/27/2013 WILLIAM BRODRICK , JUSTICE Attorney: ROBERT RUFFNER DA: KATHERINE TIERNEY Defendant Present in Court TAPE 5247 08/27/2013 Charge(s): 1,2,3,4 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 08/27/2013 WILLIAM BRODRICK , JUSTICE 08/27/2013 CASE STATUS - CASE FILE LOCATION ON 08/27/2013 DANIELLE MERRILL , ASSISTANT CLERK WITH J. BRODRICK REGARDING MOTION TO SUPPRESS 09/04/2013 CASE STATUS - CASE FILE RETURNED ON 09/04/2013 09/04/2013 Charge(s): 1,2,3,4 MOTION - MOTION TO SUPPRESS DENIED ON 09/04/2013 WILLIAM BRODRICK , JUSTICE COPY TO PARTIES/COUNSEL A TRUE COPY ATTEST: Clerk CR 200 Page 4 of 4 Printed on: 09/04/2013

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