State of Maine v. Ricci

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r STATE OF MAINE CUMBERLAND, ss SUPERIOR COURT Docket No.: CR-15-7258 APR 2 2 2016 STATE OF MAINE Plaintiff, ) ) ) ) ) ) ) ) v. STEVE M. RICCI Defendant ORDER ) ) ) This matter came before the court on Defendant's motion for change of venue pursuant to M.R.U. Crim. P. 21(b)(1). For the following reaso ns, Defendant's motion to denied without prejudice. The Defendant is charged with two counts of Criminal Threatening with a Dangerous Weapon, a class C offense. The Defendant is a resident of Portland, and according to counsel has an extensive criminal record, much of which has been well covered by various print, digital, and television media outlets. Counsel further asserts that this media coverage, both in its breadth and regularity over a course of years has had the effect of vilifying him to Cumberland County residents such that prejudice to him should be presumed and a change of venu e ordered. Defendant offered six exhibits during the brief hearing on his motion, which are exemplars of various examples of the media coverage dedicated to Defendant's historical alleged transgressions. However, affirmative Google searches for "Steven Ricci Portland, Maine" (Exh. 1) does not represent the type of passive but extensive and pervasive media coverage about the pending charges that the rule regarding change of venue because of pre-trial publicity envisions. First, none of the exhibits pertain to Defendant's current charge. Second, the fortuity that a Defendant has historically been the subject of media coverage for other alleged offenses that might be learned through active investigation is not enough, standing alone, to constitute presumed prejudice. Moreover, the modern reality that online newspaper readers may post their opinions under the "reader comments" section does not fundamentally alter the analysis at least as it pertains to whether this constitutes "presumed prejudice." Counsel suggested that there has been one published news article about Defendant's current charge. Although that article was not admitted into evidence, even accepting it as true, that is not enough to constitute the type of invidious pre trial coverage upon which a court could reasonably presume prejudice to the Defendant. There is a valuable and important intellectual distinction between pre trial publicity for the current charge and historical publicity that the Defendant may have been subjected to in the near or distant past regarding unrelated charges. The court therefore denies Defendant's motion without prejudice, recognizing that if it comes to pass that it is not possible to select an impartial jury, actual prejudice will have been demonstrated and a change of venue warranted. The focus of determining actual prejudice, of course, is "the impartiality of the available panel members," and not whether jurors are ignorant of the facts and issues involved. State v. Chesnel, 1999 ME 120, P6, 734 A.2d 1131, 1134. Defendant's motion for change of venue is denied without prejudice. The Clerk is directed to enter this Order on the unified criminal docket by reference pursuant to Maine Rule of Unified Criminal Procedure 5 3 (a). Date: April 25, 2016 - CRIMINAL DOCKET CUMBERLAND, ss . Dock et No CUMCD - CR- 2 015- 0 7258 STATE OF MAINE vs STEVEN M RICCI 915 BRIGHTON AVE PORTLAND ME 04102 DOCKET RECORD DOB: 03/02/1964 Attorney: MARK BULLOCK DEGRINNEY LAW OFFICES 1266 CONGRESS STREET PORTLAND ME 04102 APPOINTED 12/11/2015 State's Attorney: STEPHANI E ANDERSON Major Case Type: FELONY (CLASS A,B,C) Filing Document : CRIMINAL COMPLAINT Filing Date : 12/11/2015 Charge{s) 1 CRIMINAL THREATENING W DANGEROUS WPN / Seq 7975 17-A 209(1) Class C LACHANCE / POR 12 / 10 / 20 1 5 PORTLAND 2 CRIMINAL THREATENING W DANGEROUS WPN / Seq 7975 1 7-A 209( 1 ) Class C LACHANCE / POR 12 / 10 / 2015 PORTLAND Docket Events: 12/11/2015 FILING DOCUMENT - CRIMINAL COMPLAINT FI LED ON 12/11 / 2015 12/11 / 2015 Charge(s): 1,2 HEARI NG - INITIAL APPEARANCE SCHEDULED FOR 1 2/ 11 / 2015 at 01:00 p.m . i n Room No. 1 NOTICE TO PARTIES / COUNSEL 12/14/2015 Charge(s): 1,2 HEARING - INITI AL APPEARANCE HELD ON 1 2 /1 1 /201 5 PAULE EGGERT, JUDGE DA: WILLIAM BARRY Defendant Present in Court FTR #1 1 2 /14 / 2015 Charge(s l: 1, 2 PLEA - NO ANSWER ENTERED BY DEFENDANT ON 12 /11/ 2015 12/14/2015 BAIL BOND - CASH BAIL BOND SET BY COURT ON 1 2 / 1 1 / 2015 PAULE EGGERT, JUDGE $10,000 . W/ CONDS. 12/14/2015 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 02 / 24 / 2016 at 08:3 0 a. m. i n Room No . 12 / 14 / 2015 TRIAL - JURY TRIAL SCHEDULED FOR 04/ 11/2016 at 08 : 30 a.m. in Room No. 7 11 NOTICE TO PARTIES/COUNSEL 12 / 1 4/2015 Party(s): STEVEN M RICCI ATTORNEY - APPOI NTED ORDERED ON 12 / 11/ 2 015 CR 200 Page 1 of 4 Printed on: 04 / 26 /2016 STEVEN M RICCI CUMCD-CR-2015-07258 DOCKET RECORD Attorney: MARK BULLOCK 01/08/2016 Charge(s): 1,2 SUPPLEMENTAL FILING INDICTMENT FILED ON 01/07/2016 01 / 08/20 16 Charge(s): 1,2 HEARING - ARRAIGNMENT SCHEDULED FOR 01/11/2016 at 01:00 p.m . in Room No . 1 01/08/2016 Charge(s): 1,2 HEARING - ARRAIGNMENT NOTICE SENT ON 01/08/2016 01/13/2016 Charge(s): 1,2 HEARING - ARRAIGNMENT HELD ON 01/11/2016 PAUL A FRITZSCHE, JUSTICE Attorney: MARK BULLOCK DA: JENNIFER ACKERMAN Defendant Present in Court DEFENDANT INFORMED OF CHARGES. 01/13/2016 Charge(s): 1,2 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 01/11/2016 FTR #1 01/13/2016 BAIL BOND - CASH BAIL BOND CONTINUED AS SET ON 01/11/2016 PAUL A FRITZSCHE, JUSTICE 01/27/2016 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 01/27/2016 Attorney: 01/27/2016 HEARING - MARK BULLOCK MOTION TO AMEND BAIL SCHEDULED FOR 02/02/2016 at 01:00 p.m. in Room No . 1 NOTICE TO PARTIES/COUNSEL 01 / 27/2016 HEARING - MOTION TO AMEND BAIL NOTICE SENT ON 01/27/2016 02/02/2016 HEARING - MOTION TO AMEND BAIL HELD ON 02/02/2016 PAUL A FRITZSCHE, JUSTICE Attorney: MARK BULLOCK DA: JULIA SHERIDAN Defendant Present in Court FTR CR#l 02/02/2016 MOTION - MOTION TO AMEND BAIL DENIED ON 02/02/2016 PAUL A FRITZSCHE, JUSTICE COPY TO PARTIES/COUNSEL 02/03/2016 MOTION - MOT I ON FOR MENTAL EXAMINATION FILED BY DEFENDANT ON 02/02/2016 Attorney: MARK BULLOCK 02/03/2016 MOTION - MOTION FOR MENTAL EXAMINATION GRANTED ON 02/02/2016 PAUL A FRITZSCHE, JUSTICE COPY SENT TO STATE FORENSIC SERVICE 02/03/2016 PSYCHIATRIC EXAM - ORDER MENTAL EXAM-INSANITY ENTERED ON 02/02/2016 PAUL A FRITZSCHE, JUSTICE 02/03/2016 PSYCHIATRIC EXAM - ORDER MENTAL EXAM-OTHER ISSUES ENTERED ON 02/02/2016 PAUL A FRITZSCHE, JUSTICE MENTAL STATE DURRING THE TIME OF THE ALLEGED CRIME, SPECIFICALLY THE DEFENDANT'S KNOWLEDGE AND INTENT OF HIS ACTIONS DURING THE OFFENDING PERIOD . CR 200 Page 2 of 4 Printed on: 04/26/2016 STEVEN M RICCI CUMCD-CR-2015-07258 DOCKET RECORD 02/19/2016 LETTER - FROM NON - PARTY FILED ON 02/18/2016 LETTER FROM STATE FORENSIC INFORMING PARTIES THAT AN EXAM IS SET FOR 3-9-16@ 8:30 A.M. 02/24/2016 HEARING - DISPOSITIONAL CONFERENCE HELD ON 02/24/2016 NANCY MILLS , JUSTICE Attorney : MARK BULLOCK DA: JULIA SHERIDAN CASE CONTINUED. ATTY. WAITING FOR A FORENSIC REPORT . 02 / 25/2016 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 03/23 / 2016 at 08:30 a.m. in Room No. 7 03/23/2016 HEARING - DISPOSITIONAL CONFERENCE HELD ON 03/23/2016 PAUL A FRITZSCHE, JUSTICE Attorney: MARK BULLOCK DA : JULIA SHERIDAN CONF HELD. PARTIES ARE TRYING TO FIND PLACEMENT FOR DEFENDANT. AGREEMENT FOR CASE TO BE CONTINUED 1 MONTH. ALL NEW DATES GIVEN: DISPO 4 - 27, MOTIONS 5 - 3 & JS 5-9. 03 / 23/2016 TRIAL - JURY TRIAL CONTINUED ON 03/23/2016 03 / 23/2016 Charge(s): 1 , 2 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 04/27 / 2016 at 08:30 a.m . in Room No . 03/23 / 2016 Charge(s): 1 , 2 TRIAL - JURY TRIAL SCHEDULED FOR 05/09/2016 at 08 : 30 a . m. in Room No. 7 11 NOTICE TO PARTI ES/COUNSEL 03/25/2016 MOTION - MOTION TO SUPPRESS EVI DENCE FILED BY DEFENDANT ON 03/24/2016 Attorney: MARK BULLOCK 03 / 25 / 2016 MOTION - MOTION TO CHANGE VENUE FILED BY DEFENDANT ON 03/ 2 4 / 2016 Attorney: 03/29 / 2016 HEARING - MARK BULLOCK MOTION TO CHANGE VENUE SCHEDULED FOR 04 / 14 / 2016 at 01:00 p.m . in Room No. 1 NOTICE TO PARTIES/COUNSEL 03/29 / 2016 HEARING - MOTION TO CHANGE VENUE NOTICE SENT ON 03/29/201 6 04 / 06/2016 Charge(s) : 1,2 MOTION - MOTION TO COMPEL FILED BY DEFENDANT ON 04/05/2016 Attorney: MARK BULLOCK MOT I ON TO COMPEL DISCOVERY 04 / 14/2016 HEARING - MOTION TO CHANGE VENUE HELD ON 04 / 14/2016 LANCE WALKER, JUDGE Attorney: MARK BULLOCK DA: DEBORAH CHMIELEWSKI DEFENDANT' S EXHIBI T 1 - 6 ADM I TTED WITHOUT OBJECTI ON . STATE'S EXHIBIT 1 MARKED AND RETURNED. MOT I ON UNDER ADVISEMENT . FTR 1 04 / 15/2016 MOTION - MOTION TO CHANGE VENUE UNDER ADVISEMENT ON 04 / 14/2016 LANCE WALKER, JUDGE 04/ 2 5/2016 PSYCHIATRI C EXAM - ORDER M ENTAL EXAM-INSANITY REPORT FI LED ON 04/25 / 2016 04 / 26 / 2016 ORDER CR_2 00 COURT ORDER FILED ON 04 / 26/2016 Page 3 of 4 Pr i nte d on: 04/ 26/ 2 016 STEVEN M RICCI CUMCD-CR-2015-07258 DOCKET RECORD LANCE WALKER , JUDGE DEFENDANT'S MOTION FOR CHANGE OF VENUE IS DENIED WITHOUT PREJUDICE. 04/26/2016 MOTION - MOTION TO CHANGE VENUE DENIED ON 04/26/2016 LANCE WALKER, JUDGE COPY T°JPARTIESIJfUN_ 5/1:/_ A TRUE COPY ATTEST: . I ~~If~ ~ ~ . Clerk CR_ 2 00 Page 4 of 4 Printed on: 04 / 2 6 /2016

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