State of Maine v. Lombardo
Annotate this Case
Download PDF
STATE OF MAINE KENNEBEC, SS. SUPERIOR COURT CRIMINAL ACTION D9cket No. CR-09-942 v··C;t), !<elJ I/U/:1 01 0 STATE OF MAINE v. DECISION JASON H. LOMBARDO, Defendant Defendant has moved to suppress statements made by him while he was in custody and prior to being Mirandized. The evidence on State's #1, a DVD of Mr. Lombardo at the police station, reveals that for most of the pre-Miranda period, neither Mr. Lombardo nor the officer booking him said anything at all. There are long, silent pauses while the officer types information into his computer. The officer did ask for addresses, an update on tattoos, marital status, occupation, and girlfriend's name and number (she was coming to pick Mr. Lombardo up), but those are obviously standard booking questions not requiring a Miranda warning. After learning what specific charges were under consideration, the officer informed Mr. Lombardo without asking him any questions. When Mr. Lombardo speculated that the charges were felonies, the officer said, "Yes." When Mr. Lombardo asked why he was being charged with conspiracy, the officer explained that he did not know, that it was not his case, and that Mr. Lombardo would have to be patient and wait for the detectives, who would answer all of Mr. Lombardo's questions. That is the opposite of an interrogation. At one point, Mr. Lombardo started bemoaning his association with "bikers." He said he knew who the police were looking for. He said he would do the right thing as long as the police protected his daughter. The officer basically said nothing and continued to type into the computer. Once again, this is not an interrogation. Early in the booking process, the officer asked Mr. Lombardo if he was feeling okay, and Mr. Lombardo responded that he was not guilty and that he should have stayed away from bad people. Also, when Mr. Lombardo was lamenting his fate, the officer said something to the effect that you have a voice on your shoulder telling you what to do. Then he asked about tattoos. That was as close as the officer got to asking questions or making a statement designed to elicit a response. Having watched the DVD, I am satisfied that these remarks did not come close to being an interrogation. There was no need to administer the Miranda warnings until the detectives arrived. When the detectives arrived they immediately and properly informed Mr. Lombardo of his rights. The clerk will make the following docket entry by reference. Defendant Jason Lombardo's motion to suppress is denied in all respects. vL. .J3~ William S. Brodrick Justice, Superior Court 2 STATE OF MAINE vs JASON H LOMBARDO 69 LONG COVE RD SAINT GEORGE ME 04860 SUPERIOR COURT KENNEBEC, ss. Docket No AUGSC-CR-2009-00942 DOCKET RECORD DOB: OS/20/1971 Attorney: KEVIN SULLIVAN KEVIN P. SULLIVAN, ESQ P.A. 21 WESTERN AVENUE SUITE 101 AUGUSTA ME 04330-7342 APPOINTED 04/27/2010 State's Attorney: EVERT FOWLE Charge(s) 1 AGGRAVATED TRAFFICKING OF SCHEDULE W DRUG Seq 11072 17-A 1105-A(1) (E) (1) Class A 2 CRIMINAL CONSPIRACY Seq 8370 17-A 151 (1) (B) Class B 11/23/2009 WATERVILLE 06/25/2009 WATERVILLE Charged with COMPLAINT on Suppleme Docket Events: 11/30/2009 FILING DOCUMENT - CASH BAIL BOND FILED ON 11/23/2009 11/30/2009 Charge(s): 1 HEARING INITIAL APPEARANCE SCHEDULED FOR 01/26/2010 @ 8:30 NOTICE TO PARTIES/COUNSEL 11/30/2009 BAIL BOND - $1,000.00 CASH BAIL BOND FILED ON 11/23/2009 Bail Receipt Type: CR Bail Amt: $1,000 Date Bailed: 11/23/2009 Receipt Type: CK Prvdr Name: JASON H LOMBARDO Rtrn Name: JASON H LOMBARDO 12/04/2009 Party(s) : JASON H LOMBARDO ATTORNEY - RETAINED ENTERED ON 12/04/2009 Attorney: PETER RODWAY 01/21/2010 Charge(s): 1,2 SUPPLEMENTAL FILING - COMPLAINT FILED ON 01/21/2010 01/21/2010 BAIL BOND - $25,000.00 UNSECURED BAIL BOND FILED ON 01/21/2010 Bail Amt: $25,000 Date Bailed: 11/23/2009 01/21/2010 BAIL BOND - UNSECURED BAIL BOND BAIL RELEASED ON 01/21/2010 Date Bailed: 11/23/2009 01/21/2010 BAIL BOND - UNSECURED BAIL BOND RELEASE ACKNOWLEDGED ON 01/21/2010 Page 1 of 5 Printed on: 06/11/2010 JASON H LOMBARDO AUGSC-CR-2009-00942 DOCKET RECORD Date Bailed: 11/23/2009 01/26/2010 BAIL BOND - CASH BAIL BOND CONTINUED AS POSTED ON 01/26/2010 DONALD H MARDEN , JUSTICE Date Bailed: 11/23/2009 01/26/2010 Charge (s): 1 HEARING INITIAL APPEARANCE HELD ON 01/26/2010 DONALD H MARDEN , JUSTICE Reporter: TAMMY DROUIN 01/26/2010 Charge(s): 1,2 HEARING - STATUS CONFERENCE SCHEDULED FOR 03/23/2010 @ 10:00 01/26/2010 Charge(s): 1,2 PLEA - NO ANSWER ENTERED BY DEFENDANT ON 01/26/2010 01/27/2010 Charge (s): 1,2 HEARING - STATUS CONFERENCE NOTICE SENT ON 01/26/2010 03/23/2010 Charge(s): 1,2 HEARING - STATUS CONFERENCE HELD ON 03/23/2010 JOHN NIVISON, JUSTICE DA: BRAD GRANT ER 03/23/2010 HEARING - STATUS CONFERENCE SCHEDULED FOR 04/13/2010 @ 10:00 03/23/2010 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 03/23/2010 03/24/2010 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 03/23/2010 NANCY MILLS , JUSTICE COpy TO PARTIES/COUNSEL 03/24/2010 MOTION - MOTION FOR WITHDRAWAL OF CNSL MADE ORALLY BY DEF ON 03/23/2010 03/24/2010 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 03/23/2010 JOHN NIVISON, JUSTICE COPY TO PARTIES/COUNSEL 03/24/2010 Party(s): JASON H LOMBARDO ATTORNEY - WITHDRAWN ORDERED ON 03/23/2010 PETER RODWAY Attorney: 03/24/2010 Party(s) : JASON H LOMBARDO ATTORNEY - PARTIALLY INDIGENT ORDERED ON 03/23/2010 Attorney: 03/24/2010 HEARING - JAMES BILLINGS STATUS CONFERENCE NOTICE SENT ON 03/24/2010 03/25/2010 HEARING - STATUS CONFERENCE NOT HELD ON 03/25/2010 03/25/2010 Charge (s): 1,2 SUPPLEMENTAL FILING - INDICTMENT FILED ON 03/25/2010 03/25/2010 Charge(s): 1,2 HEARING - ARRAIGNMENT SCHEDULED FOR 04/27/2010 @ 8:30 03/25/2010 Charge(s): 1,2 Page 2 of 5 Printed on: 06/11/2010 JASON H LOMBARDO AUGSC-CR-2009-00942 DOCKET RECORD HEARING - 03/30/2010 MOTION - ARRAIGNMENT NOTICE SENT ON 04/09/2010 MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 03/30/2010 03/31/2010 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 03/31/2010 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL 03/31/2010 Party(s): JASON H LOMBARDO ATTORNEY - WITHDRAWN ORDERED ON 03/31/2010 Attorney: JAMES BILLINGS 03/31/2010 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 03/31/2010 04/05/2010 Party(s): JASON H LOMBARDO ATTORNEY - RETAINED ENTERED ON 12/04/2009 Attorney: PETER RODWAY 04/07/2010 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 04/06/2010 Attorney: PETER RODWAY 04/09/2010 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 04/07/2010 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL 04/09/2010 Party(s): JASON H LOMBARDO ATTORNEY - WITHDRAWN ORDERED ON 04/07/2010 Attorney: PETER RODWAY 04/09/2010 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 04/07/2010 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL 04/09/2010 Party(s): JASON H LOMBARDO ATTORNEY - APPOINTED ORDERED ON 04/07/2010 Attorney: LISA WHITTIER 04/12/2010 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 04/12/2010 04/27/2010 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 04/27/2010 NANCY MILLS , JUSTICE COpy TO PARTIES/COUNSEL 04/27/2010 Party(s): JASON H LOMBARDO ATTORNEY - WITHDRAWN ORDERED ON 04/27/2010 Attorney: LISA WHITTIER 04/27/2010 Party(s): JASON H LOMBARDO ATTORNEY - APPOINTED ORDERED ON 04/27/2010 Attorney: KEVIN SULLIVAN 04/27/2010 Charge (s): 1,2 HEARING - ARRAIGNMENT HELD ON 04/27/2010 NANCY MILLS , JUSTICE Defendant Present in Court READING WAIVED. DEFENDANT INFORMED OF CHARGES. Page 3 of 5 COPY OF INDICTMENT/INFORMATION GIVEN TO Printed on: 06/11/2010 JASON H LOMBARDO AUGSC-CR-2009-00942 DOCKET RECORD DEFENDANT. 21 DAYS TO FILE MOTIONS 04/27/2010 Charge(s): 1,2 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 04/27/2010 04/27/2010 Charge(s): 1,2 TRIAL - DOCKET CALL SCHEDULED FOR 06/09/2010 @ 2:00 05/18/2010 Charge(s): 1,2 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 05/14/2010 05/18/2010 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 06/09/2010 @ 2:00 NOTICE TO PARTIES/COUNSEL 05/18/2010 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 05/18/2010 05/18/2010 Charge(s): 1,2 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 05/14/2010 05/18/2010 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 06/09/2010 @ 2:00 NOTICE TO PARTIES/COUNSEL 05/18/2010 HEARING - MOTION FOR DISCOVERY NOTICE SENT ON 05/18/2010 OS/27/2010 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON OS/26/2010 OS/27/2010 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 06/09/2010 @ 2:00 NOTICE TO PARTIES/COUNSEL 06/02/2010 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 06/02/2010 06/07/2010 MOTION - MOTION TO CONTINUE DENIED ON 06/07/2010 WILLIAM BRODRICK, JUSTICE COPY TO PARTIES/COUNSEL 06/09/2010 Charge(s): 1,2 MOTION - MOTION TO DISMISS FILED BY DEFENDANT ON 06/09/2010 06/09/2010 Charge(s): 1,2 HEARING - MOTION TO DISMISS SCHEDULED FOR 06/10/2010 @ 10:00 NOTICE TO PARTIES/COUNSEL 06/10/2010 HEARING - MOTION TO SUPPRESS HELD ON 06/10/2010 WILLIAM BRODRICK, JUSTICE Attorney: KEVIN SULLIVAN DA: JAMES MITCHELL Defendant Present in Court 06/10/2010 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 06/10/2010 WILLIAM BRODRICK, JUSTICE 06/10/2010 Charge(s): 1,2 HEARING - MOTION TO DISMISS NOT HELD ON 06/10/2010 06/10/2010 Charge(s): 1,2 MOTION - MOTION TO DISMISS MOOT ON 06/10/2010 Page 4 of 5 Printed on: 06/11/2010 JASON H LOMBARDO AUGSC-CR-2009-00942 DOCKET RECORD 06/10/2010 HEARING - MOTION TO SUPPRESS CONTINUED ON 06/09/2010 , 06/10/2010 HEARING - MOTION FOR DISCOVERY HELD ON 06/10/2010 WILLIAM BRODRICK, JUSTICE Defendant Present in Court 06/10/2010 Charge (s): 1,2 MOTION - MOTION FOR DISCOVERY MOOT ON 06/10/2010 06/10/2010 Charge(s): 1,2 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 06/10/2010 WILLIAM BRODRICK, JUSTICE 06/10/2010 Charge(s): 1,2 TRIAL - DOCKET CALL HELD ON 06/09/2010 WILLIAM BRODRICK, JUSTICE Defendant Present in Court 06/10/2010 Charge(s): 1,2 MOTION - MOTION TO CONTINUE MADE ORALLY BY DEF ON 06/10/2010 06/10/2010 Charge(s): 1,2 MOTION - MOTION TO CONTINUE GRANTED ON 06/10/2010 WILLIAM BRODRICK, JUSTICE COPY TO PARTIES/COUNSEL 06/10/2010 Charge(s): 1,2 TRIAL - DOCKET CALL SCHEDULED FOR 07/07/2010 06/11/2010 MOTION MOTION TO SUPPRESS DENIED ON 06/11/2010 WILLIAM BRODRICK , JUSTICE COPY TO PARTIES/COUNSEL 06/11/2010 ORDER - COURT ORDER FILED ON 06/11/2010 DEFENDANT JASON LOMBARDO'S MOTION TO SUPPRESS IS DENIED IN ALL RESPECTS A TRUE COPY ATTEST: Clerk Page 5 of 5 Printed on: 06/11/2010
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
