State of Maine v. Kalloch

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STATE OF MAINE KENNEBEC, ss. STATE OF MAINE v. ORDER ON MOTION TO SUPPRESS SHIRLEY KALLOCH, Defendant This matter is before the court on motion to suppress ,ONAlD l. GARB RECHT "'.I i IRrlp,RV statemerit8"'m~de49Y H the defendant to a fire investigator of the Maine State Fire Marshal's Office and a detective of the Maine State Police in the polygraph examining room of the Maine State Police. Defendant, through counsel, makes allegations regarding lack of proper Miranda warning, custody of the defendant and certain deceptions through the use of the polygraph machine resulting in admissions by the defendant. The court has examined a videotape made of the entire proceeding and finds that the defendant was fully apprised of her Miranda rights and indicated that she completely understood them. She acknowledged having some understanding of them at the outset. It is abundantly clear throughout the proceeding that the defendant understood that she was not in custody, she was not going to be arrested but, in fact, she was going to be taken by the authorities to her residence and, after review by the District Attorney, if necessary, she would receive a summons for a court appearance. There was no question throughout the proceeding that the defendant fully understood the identity and authority within law enforcement of the questioning individuals and she was fully apprised of the workings of the polygraph machine which was available for use. 2 In fact, the polygraph operator, the Maine State Police detective, very skillfully and effectively gained the confidence of Ms. Kalloch after fully explaining her rights and fully explaining the functioning of the polygraph machine with the result that she relived her mental state existing at the time in question and after continuing encouragement by the examiner, she disclosed, first to the detective and then to the fire investigator, her version of the activities in question. The court finds no evidence that the defendant was subject to any proceedings in violation of her constitutional rights or that she was not fully and freely a volunteer in the entire process. The entry will be: Defendant's motion to suppress is DENIED. Dated: December 21, 2007 Donald H. Marden Justice, Superior Court STATE OF MAINE SUPERIOR COURT KENNEBEC, 55. Docket No AUGSC-CR-2007-00408 V5 SHIRLEY KALLOCH 451 NORTHERN AVENUE FARMINGDALE ME 04344 DOCKET RECORD DaB: 05/05/1942 Attorney: STEPHEN BOURGET BOURGET & BOURGET PA 64 STATE STREET AUGUSTA ME 04330-5194 APPOINTED 07/09/2007 State's Attorney: EVERT FOWLE Filing Document: INDICTMENT Filing Date: 05/04/2007 Major Case Type: FELONY (CLASS A,B,C) Charge{s) 1 ARSON Seq 4538 17-A 802 (1) (B) (1) Class A 2 ARSON Seq 453 9 17 - A 802 Class A 07/19/2006 FARMINGDALE 07/19/2006 FARMINGDALE (1) (B) (2) Docket Events: 05/04/2007 FILING DOCUMENT - INDICTMENT FILED ON 05/04/2007 TRANSFER - BAIL AND PLEADING GRANTED ON 05/04/2007 TRANSFER - BAIL AND PLEADING REQUESTED ON 05/04/2007 05/04/2007 Charge (5) WARRANT - : 1/2 ON CaMP/INDICTMENT REQUESTED ON 05/04/2007 05/04/2007 Charge (5) WARRANT - : 1/2 ON CaMP/INDICTMENT ORDERED ON 05/04/2007 05/04/2007 BAIL BOND - $5,000.00 UNSECURED BAIL BOND SET BY COURT ON 05/04/2007 05/04/2007 Charge (5) WARRANT - : 1,2 ON CaMP/INDICTMENT ISSUED ON 05/04/2007 CERTIFIED COPY TO WARRANT REPOSITORY 06/29/2007 BAIL BOND - $5/000.00 UNSECURED BAIL BOND FILED ON 06/28/2007 Bail Amt: $5,000 Date Bailed: 06/27/2007 07/02/2007 Charge (5) : 1,2 WARRANT - ON CaMP/INDICTMENT EXECUTED ON 06/27/2007 ARRESTED BY KSO 07/02/2007 Charge(s): 1,2 Page 1 of 3 Printed on: 12/26/2007 SHIRLEY KALLOCH AUGSC-CR-2007-00408 DOCKET RECORD WARRANT - ON COMP/INDICTMENT RETURNED ON 07/02/2007 07/06/2007 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 07/06/2007 07/09/2007 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 07/09/2007 COpy TO PARTIES/COUNSEL 07/09/2007 Party(s): SHIRLEY KALLOCH ATTORNEY - APPOINTED ORDERED ON 07/09/2007 Attorney: STEPHEN BOURGET 08/12/2007 Charge(s): 1,2 HEARING - ARRAIGNMENT SCHEDULED FOR 08/07/2007 @ 8:00 08/12/2007 Charge(s): 1,2 HEARING - ARRAIGNMENT HELD ON 08/07/2007 NANCY MILLS , JUSTICE Reporter: TAMMY DROUIN READING WAIVED. DEFENDANT INFORMED OF CHARGES. COpy OF INDICTMENT/INFORMATION GIVEN TO DEFENDANT. 45 DAYS TO FILE MOTIONS 08/12/2007 Charge(s): 1,2 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 08/07/2007 08/12/2007 TRIAL - DOCKET CALL SCHEDULED FOR 11/05/2007 @ 9:30 09/21/2007 Charge(s): 1/2 MOTION - MOTION TO SUPPRESS STATEMENT FILED BY DEFENDANT ON 09/21/2007 09/21/2007 Charge(s): 1,2 HEARING - MOTION TO SUPPRESS STATEMENT SCHEDULED FOR 11/05/2007 @ 9:30 NOTICE TO PARTIES/COUNSEL 11/05/2007 Charge (s) : 1,2 HEARING - MOTION TO SUPPRESS STATEMENT CONTINUED ON 11/05/2007 11/05/2007 HEARING - MOTION TO SUPPRESS STATEMENT SCHEDULED FOR 11/08/2007 @ 11:00 NOTICE TO PARTIES/COUNSEL TRIAL - DOCKET CALL HELD ON 11/05/2007 11/05/2007 12/26/2007 HEARING - MOTION TO SUPPRESS STATEMENT HELD ON 11/08/2007 12/26/2007 Charge(s): 1/2 MOTION - MOTION TO SUPPRESS STATEMENT UNDER ADVISEMENT ON 11/08/2007 DONALD H MARDEN , JUSTICE 12/26/2007 Charge (s): 1/2 MOTION - MOTION TO SUPPRESS STATEMENT DENIED ON 12/21/2007 DONALD H MARDEN / JUSTICE COpy TO PARTIES/COUNSEL 12/26/2007 Charge(s): 1,2 TRIAL - DOCKET CALL SCHEDULED FOR 02/04/2008 12/26/2007 ORDER - COURT ORDER FILED ON 12/21/2007 Page 2 of 3 Printed on: 12/26/2007 SHIRLEY KALLOCH AUGSC-CR-2007-00408 DOCKET RECORD DONALD H MARDEN , JUSTICE THE COURT FINDS NO EVIDENCE THAT THE DEFENDANT WAS SUBJECT TO ANY PROCEEDINGS IN VIOLATION OF HER CONSTITUTIONAL RIGHTS OR THAT SHE WAS NOT FULLY AND FREELY A VOLUNTEER IN THE ENTIRE PROCESS. A TRUE COpy ATTEST: Clerk Page 3 of 3 Printed on: 12/26/2007

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