State of Maine V. Clark

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STATE OF MAINE CUMBERLAND, ss. UNIFIED CRIMINAL DOCKET Docket No. CR-11-5400 , v() 6 f-' - C C{ /)1 -- t5 ,2'7' 20 1<.. / J STATE OF MAINE, v. ORDER TIANA CLARK, Defendant. FINDINGS 1. On August 15, 2011 Karyn Kundishora was the occupant of an apartment located on the third floor of a three-decker at 546 Ocean A venue in Portland. The apartment had three bedrooms. 2. Defendant Tiana Clark was renting one of the three bedrooms within Ms. Kundishora~sapartment on August 15,2011. 3. Ms. Clarkpaid·Ms.'i<undishora·approximateiY'$100 every other week for the use of the bedroom and the apartment. 4. For the five weeks preceding August 15, 2011, Ms. Clark had been sleeping at the apartment the majority of the time. 5. Ms. Clark had a key to the apartment. 6. The bedroom had a bed that Ms. Clark used. 7. Ms. Clark kept her clothes, shoes, jacket and pocketbook in the bedroom. 8. Ms. Clark had the right to invite guests of her choosing to the apartment. Ms. Clark would watch TV at the apartment and play games. 9. When arrested on August 15, 2011 Ms. Clark g-ave a Medford, Massachusetts residence as her address. That is her grandmother's home. Ms. Clark gets her mail at her grandmother's. 10. On August 15, 2011 at 8:30 a.m. Portland Police Officer Andjelko Napijalo received a call from dispatch concerning a fight in progress at 546 Ocean A venue. 11. When Officer Napijalo arrived at the scene he saw an African American with blood on his head walking away form 546 Ocean A venue. The bloodied man was approximately 50 to 60 feet from 546 Ocean A venue. 12. When Officer Napijalo exited his cruiser, several persons told him that he should go to the third floor of 546 Ocean A venue because "something terrible" was happening there. 13. Officer Napijalo went to the third floor where there was a door to only one apartment. 14. Officer Napijalo pounded on the third floor apartment door and identified himself as an officer. 15. Nobody answered at first. Officer Napijalo kept pounding on the door. 16. Officer Napijalo noticed a small opening in the door and looked through it. He saw two persons moving to the front door or another room. He radioed that two men might be coming out the front door. 17. Officer Napijalo believed that somebody might be in danger. He kept knocking. 18. The back door of the third floor apartment finally opened revealing Karyn Kundishora, Ashley Dahlgren and Ms. Clark. Ms. Kundishora had blood all over her face. Ms. Dahlgren was also bleeding and Ms. Clark was bleeding and limping. 19. Officer Napijalo patted the three females down and asked if there was anyone else inside the third floor apartment. He received three different answers: "yes," "no," and "not sure." 2 20. Officer Napijalo sent the ladies to the bottom of the stairs and when his backup arrived, searched the apartment's rooms and closets for victims or suspects. 21. After learning that no one else was in the apartment, the officers returned outside and secured the apartment until a warrant could be obtained. 22. The officers never searched for items other than victims or suspects. They opened no bureau doors. They did not collect any evidence. They did observe two bloodied shirts on the floor and observed a broken mirror and other indications of a fight. 23. Officer Napijalo secured the apartment until a warrant could be obtained. 24. The police searched the apartment after obtaining a warrant. DISCUSSION I am satisfied that Ms. Clark established standing to pursue her motion to suppress. Ms. Clark claims that the initial search of the apartment for victims and suspects was unlawful. I am satisfied that the initial entry into the apartment was justified on security grounds. Under the circumstances, the police would have been derelict in their duty if they had not executed a minimalist search for victims and suspects. The clerk will make the following entry by reference: Defendant Tiana Clark's motion to suppress is denied in all respects. DATED: May 29,2012 William S. Brodrick Justice Superior Court, Active Retired 3 STATE OF MAINE vs TIANA CLARK 17A BRADBURY AVE MEDFORD MA 02155 DOB: 07/2311983 Attorney: ANTHONY SINENI OFFICE OF ANTHONY SINENI III 701CONGRESSSTREET PORTLAND ME 04102 APPOINTED 08117/2011 Filing Document: CRIMINAL COMPLAINT Filing Date: 08/17/2011 Docket No CUMCD-CR-2011-05400 DOCKET RECORD State's Attorney: STEPHANIE ANDERSON Major Case Type: FELONY (CLASS A,B,C) Charge(s) 08115/2011 PORTLAND I AGGRAVATED ASSAULT Class B 17-A 208( I )(B) Seq 630 DUNHAM POR 08115/2011 PORTLAND 2 ASSAULT Seq 8382 17-A 207(1)(A) Class D DUNHAM I POR 08115/2011 PORTLAND 3 TAMPERING WITH WITNESS, INFORMANT, JUROR OR VICTIM 17-A 454(1 )(A)( I) Class C Seq 9318 DUNHAM POR 4 FALSE PUBLIC ALARM OR REPORT 08115/2011 PORTLAND Seq 723 17-A 509(1)(A) Class D Charged with INDICTMENT on Supplemental Filing. DUNHAM I POR 5 AGGRAVATED TRAFFICKING OF SCHEDULED DRUGS 08113/2011 PORTLAND Seq 9050 17-A 1105-A(l)(D) Class A Charged with SUPERSEDING INDICTMENT on Supplemental Filing. DUNHAM MDE 08/13/201 I PORTLAND 6 PROMOTION OF PROSTITUTION 17-A 853(1) Class D Charged with SUPERSEDING INDICTMENT on Supplemental Filing. Seq 783 MDE DUNHAM Docket Events: 08117/2011 FILING DOCUMENT- CRIMINAL COMPLAINT FILED ON 08/17/2011 08/17/201 I Charge(s): I ,2,3 HEARING- INITIAL APPEARANCE SCHEDULED FOR 08/17/2011 at 01:00p.m. in Room No. NOTICE TO PARTIES/COUNSEL 08118/2011 Charge(s): I ,2,3 HEARING- INITIAL APPEARANCE HELD ON 08/17/2011 at 01:00p.m. in Room No. JOYCE A WHEELER , JUSTICE DA: MEGIN ELAM TAPE 3081 08118/2011 Charge(s): I ,2,3 PLEA- NO ANSWER ENTERED BY DEFENDANT ON 08/17/2011 08118/2011 Charge(s): 1,2,3 HEARING- DISPOSITIONAL CONFERENCE SCHEDULED FOR 11/09/2011 in Room No. 7 08118/201 I Charge(s): I ,2,3 TRIAL- JURY TRIAL SCHEDULED FOR 12/12/2011 at 08:30a.m. in Room No. II NOTICE TO PARTIES/COUNSEL 08118/2011 BAIL BOND- $25,000.00 CASH BAIL BOND SET BY COURT ON 08117/2011 CR-200 Page I of 6 Printed on: 06/05/2012 TIANA CLARK CUMCD-CR-2011-05400 DOCKET RECORD JOYCE A WHEELER , JUSTICE OR $50,000 SIS W/COND *NO THIRD PARTY BAIL 08118/2011 Charge(s): I ,2,3 MOTION- MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 08117/20 II 08118/2011 Charge(s): I ,2,3 MOTION- MOTION FOR APPOINTMENT OF CNSL GRANTED ON 08/17/20 II JOYCE A WHEELER , JUSTICE Attorney: ANTHONY SINENI COPY TO PARTIES/COUNSEL 08118/2011 Party(s): TIANA CLARK ATTORNEY- APPOINTED ORDERED ON 08117/2011 Attorney: ANTHONY SINENI 10/17/2011 Charge(s): I ,2,3 MOTION- MOTION TO CONTINUE FILED BY STATE ON 10117/2011 NO OBJ BY DEF ATTY 10117/2011 Charge(s): I ,2,3 MOTION- MOTION TO CONTINUE GRANTED ON 10117/2011 ROLAND A COLE , JUSTICE COPY TO PARTIES/COUNSEL 10117/2011 Charge(s): 1,2,3 HEARING- DISPOSITIONAL CONFERENCE CONTINUED ON 10117/2011 ROLAND A COLE , JUSTICE 10117/2011 Charge(s): 1,2,3 HEARING- DISPOSITIONAL CONFERENCE SCHEDULED FOR 11130/2011 at 08:30a.m. in Room No. 7 11114/2011 Charge(s): I ,2,3,4 SUPPLEMENTAL FILING- INDICTMENT FILED ON 11110/2011 JAMES TURCOTTE, ASSISTANT CLERK 11114/2011 Charge(s): 1,2,3,4 HEARING- ARRAIGNMENT SCHEDULED FOR 11130/2011 in Room No. 7 11/14/2011 OTHER FILING- NOTICE OF JOINDER FILED BY STATE ON 11110/2011 JAMES TURCOTTE , ASSISTANT CLERK JOINED WITH FROST 11-5397 AND C. CLARK 11-5404 11130/2011 Charge(s): I ,2,3 HEARING- DISPOSITIONAL CONFERENCE HELD ON 11/30/2011 PAULE EGGERT, JUDGE Attorney: ANTHONY SINENI DA: MEGIN ELAM 11/30/2011 Charge(s): I ,2,3 TRIAL- JURY TRIAL NOT HELD ON 11130/2011 11130/2011 TRIAL- JURY TRIAL SCHEDULED FOR 02113/2012 at 08:30a.m. in Room No. II NOTICE TO PARTIES/COUNSEL 11/30/2011 HEARING- DISPOSITIONAL CONFERENCE SCHEDULED FOR 01111/2012 at 08:30a.m. in Room No. 7 12/0112011 Charge(s): I ,2,3,4 HEARING- ARRAIGNMENT NOT HELD ON 11130/2011 CR-200 Page 2 of 6 Printed on: 06/05/2012 TIANA CLARK CUMCD-CR-2011-05400 DOCKET RECORD DEFENDANT IN ANDROSCOGGIN CfY JAIL 12/01/2011 Charge(s): I ,2,3 ,4 HEARING- ARRAIGNMENT SCHEDULED FOR 12/07/2011 at 01:00p.m. in Room No. 12/01/2011 WRIT- HABEAS CORPUS TO PROSECUTE ISSUED ON 12/07/2011 at 01:00p.m. in Room No. CERTIFIED COPY TO SHERIFF DEPT. 12/05/2011 WRIT- HABEAS CORPUS TO PROSECUTE ORDERED ON 12/05/2011 THOMAS D WARREN , JUSTICE 12/08/2011 WRIT- HABEAS CORPUS TO PROSECUTE REMANDED ON 12/07/2011 PAULE EGGERT , JUDGE 12/08/20 II Charge(s): I ,2,3 ,4 HEARING- ARRAIGNMENT HELD ON 12/07/2011 RICHARD MULHERN , JUDGE DEFENDANT INFORMED OF CHARGES. 21 DAYS TO FILE MOTIONS 12/08/2011 Charge(s): I ,2,3,4 PLEA- NOT GUILTY ENTERED BY DEFENDANT ON 12/07/2011 12/08/2011 BAIL BOND- CASH BAIL BOND CONTINUED AS SET ON 12/07/2011 RICHARD MULHERN , JUDGE 01/10/2012 WRIT- HABEAS CORPUS TO PROSECUTE ISSUED ON 01/10/2012 JUSTIN WESLEY , ASSIST ANT CLERK-E CERTIFIED COPY TO SHERIFF DEPT. 01/10/2012 WRIT- HABEAS CORPUS TO PROSECUTE ORDERED ON 01110/2012 THOMAS D WARREN , JUSTICE 01/11/2012 HEARING- DISPOSITIONAL CONFERENCE HELD ON 0111112012 RICHARD MULHERN , JUDGE Attorney: ANTHONY SINENI DA: MEGIN ELAM CONF HELD MOTION TO BE FILED BY 1-20-12 01113/2012 CASE STATUS- CASE FILE LOCATION ON 01113/2012 CASE ON DEB COOK'S DESK WAITING FOR MOTION 01/23/2012 CASE STATUS- CASE FILE RETURNED ON 01/23/2012 02/02/2012 TRIAL- JURY TRIAL NOT HELD ON 02/02/2012 02/02/2012 TRIAL- JURY TRIAL SCHEDULED FOR 03/26/2012 at 08:30a.m. in Room No. II NOTICE TO PARTIES/COUNSEL 02/02/2012 TRIAL- JURY TRIAL NOTICE SENT ON 02/02/2012 02/02/2012 WRIT- HABEAS CORPUS TO PROSECUTE ISSUED ON 03/26/2012 at 08:30a.m. in Room No. II CERTIFIED COPY TO SHERIFF DEPT. 02/07/2012 WRIT- HABEAS CORPUS TO PROSECUTE ORDERED ON 02/03/2012 ROLAND A COLE , JUSTICE 0211 0120 12 Charge( s): I ,2 ,3 ,4 ,5 ,6 SUPPLEMENTAL FILING- SUPERSEDING INDICfMENT FILED ON 02/09/2012 JAMES TURCOTTE , ASSISTANT CLERK 02/10/2012 Charge(s): 1,2,3,4,5,6 CR-200 Page 3 of 6 Printed on: 06/05/2012 TIANA CLARK CUMCD-CR-2011-05400 DOCKET RECORD HEARING- ARRAIGNMENT SCHEDULED FOR 02/21/2012 at 01:00p.m. in Room No. 02/10/2012 Charge(s): I ,2,3,4,5,6 HEARING- ARRAIGNMENT NOTICE SENT ON 02/10/2012 JAMES TURCOTTE , ASSIST ANT CLERK 02113/2012 WRIT- HABEAS CORPUS TO PROSECUTE ISSUED ON 02/13/2012 CERTIFIED COPY TO SHERIFF DEPT. 02/27/2012 Charge(s): 1,2,3,4,5,6 HEARING- ARRAIGNMENT HELD ON 02/21/2012 ROLAND A COLE , ruSTICE Attorney: ANTHONY SINENI DA: DEBORAH CHMIELEWSKI DEFENDANT INFORMED OF CHARGES. SAME BAIL CONTINUED TAPE 3638 02/27/2012 HEARING- DISPOSITIONAL CONFERENCE SCHEDULED FOR 03/21/2012 at 08:30a.m. in Room No. 7 02/27/2012 HEARING- DISPOSITIONAL CONFERENCE NOTICE SENT ON 02/27/2012 02/27/2012 WRIT- HABEAS CORPUS TO PROSECUTE ISSUED ON 02/27/2012 CERTIFIED COPY TO SHERIFF DEPT. 02/28/2012 WRIT- HABEAS CORPUS TO PROSECUTE ORDERED ON 02/27/2012 ROLAND A COLE , illSTICE 02/28/2012 LETTER- FROM NON-PARTY FILED ON 02/28/2012 LETTER FROM DEFENDANT REQUESTING A NEW ATTORNEY. COPY SENT TO ATTY. SINENI 2/28/12 03/15/2012 LETTER- FROM PARTY FILED ON 03/07/2012 REGARDING NEW COURT APPOINTED COUNSEL. FORWARDED TO PRESENT COUNSEL ON 3115/2012 03/22/2012 TRIAL- illRY TRIAL NOT HELD ON 03/21/2012 03/22/2012 HEARING- DISPOSITIONAL CONFERENCE HELD ON 03/21/2012 THOMAS D WARREN , ill STICE Attorney: ANTHONY SINENI DA: MEGIN ELAM ALSO PRESENT, ATTYS R LEBRASSEUR AND J GALE AND AAG L SUTTON. POSSIBLE MOTIONS TO BE FILED. RESET JURY SELECTION FOR 6/25/2012 03/22/2012 Charge(s): I ,2,3,4,5,6 TRIAL- JURY TRIAL SCHEDULED FOR 06/25/2012 at 08:30a.m. in Room No. II NOTICE TO PARTIES/COUNSEL 03/23/2012 MOTION- MOTION TO SEVER PARTIES FILED BY DEFENDANT ON 03/22/2012 03/27/2012 HEARING- MOTION TO SUPPRESS SCHEDULED FOR 05/08/2012 at 01:00p.m. in Room No. NOTICE TO PARTIES/COUNSEL 03/27/2012 MOTION- MOTION TO SUPPRESS FILED BY DEFENDANT ON 03/23/2012 03/27/2012 HEARING- MOTION TO SUPPRESS NOTICE SENT ON 03/27/2012 04/12/2012 LETTER- FROM PARTY FILED ON 04/1112012 Page 4 of 6 CR-200 Printed on: 06/05/2Q 12 TIANA CLARK CUMCD-CR-2011-05400 DOCKET RECORD LETTER REGARDING COUNSEL FILED COPY SENT TO COUNSEL 4-12-12 04/19/2012 MOTION- MOTION TO CONTINUE FILED BY STATE ON 04/17/2012 04/23/2012 MOTION- MOTION TO CONTINUE GRANTED ON 04/20/2012 THOMAS D WARREN , JUSTICE COPY TO PARTIES/COUNSEL 04/23/2012 HEARING - MOTION TO SUPPRESS NOT HELD ON 04/20/2012 CONTINUED 04/23/2012 Charge(s): I ,2,3,4,5,6 HEARING- MOTION TO SUPPRESS SCHEDULED FOR 05/22/2012 at 01:00p.m. in Room No. NOTICE TO PARTIES/COUNSEL 04/23/2012 Charge(s): I ,2,3,4,5,6 HEARING- MOTION TO SUPPRESS NOTICE SENT ON 04/23/2012 04/23/2012 Charge(s): I ,2,3,4,5,6 HEARING- MOTION TO SEVER PARTIES SCHEDULED FOR 05/22/2012 at 01:00p.m. in Room No. NOTICE TO PARTIES/COUNSEL 04/23/2012 Charge(s): I ,2,3 ,4,5 ,6 HEARING- MOTION TO SEVER PARTIES NOTICE SENT ON 04/23/2012 04/23/2012 WRIT- HABEAS CORPUS TO PROSECUTE ISSUED ON 04/23/2012 CERTIFIED COPY TO SHERIFF DEPT. 04/24/2012 WRIT- HABEAS CORPUS TO PROSECUTE ORDERED ON 04/24/2012 PAULE EGGERT , JUDGE 05/02/2012 LETTER- FROM PARTY FILED ON 05/02/2012 REQUESTING A NEW ATTORNEY. COPY SENT TO ATTORNEY 05/15/2012 HEARING - MOTION FOR WITHDRAWAL OF CNSL SCHEDULED FOR 05/18/2012 at 0 I: 15 p.m. THOMAS D WARREN , JUSTICE NOTICE TO PARTIES/COUNSEL 05/15/2012 WRIT- HABEAS CORPUS TO PROSECUTE ISSUED ON 05/15/2012 CERTIFIED COPY TO SHERIFF DEPT. DEF IS IN ANDROSCOGGIN COUNTY JAIL 05/15/2012 HEARING- MOTION FOR WITHDRAWAL OFCNSLNOTICE SENT ON 05/15/2012 05/18/2012 HEARING- MOTION FOR WITHDRAWAL OF CNSL HELD ON 05/18/2012 THOMAS D WARREN , JUSTICE Attorney: ANTHONY SINENI DA: MEGIN ELAM TAPE3838 05118/2012 Charge(s): 1,2,3,4,5,6 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY DEFENDANT ON 04/ II /2012 05/18/2012 Charge(s): 1,2,3,4,5,6 MOTION- MOTION FOR WITHDRAWAL OF CNSL MOOT ON 05/18/2012 DEF HAS DECIDED TO KEEP ATTORNEY SINENI AS COUNSEL CR-200 Page 5 of 6 Printed on: 06/05/2012 TIANA CLARK CUMCD-CR-20 11-05400 DOCKET RECORD 05/23/2012 Charge(s): I ,2,3 ,4,5 ,6 HEARING- MOTION TO SUPPRESS HELD ON 05/22/2012 WILLIAM BRODRICK , JUSTICE Attorney: ANTHONY SINENI DA: MEGIN ELAM 05/23/2012 CASE STATUS- CASE FILE LOCATION ON 05/22/2012 JUSTICE BRODRICK HAS THE FILE - MOTION TO SUPPRESS TAKEN UNDER 06/05/2012 CASE STATUS- CASE FILE RETURNED ON 06/04/2012 ADVISEMENT 06/05/2012 ORDER- COURT ORDER FILED ON 06/04/2012 WILLIAM BRODRICK , JUSTICE DEFENDANT TIANA CLARKS MOTION TO SUPPRESS IS DENIED IN ALL RESPECTS 06/05/2012 MOTION- MOTION TO SUPPRESS DENIED ON 06/04/2012 WILLIAM BRODRICK , JUSTICE COPY TO PARTIES/COUNSEL 06/05/2012 WRIT- HABEAS CORPUS TO PROSECUTE ISSUED ON 06/25/2012 at 08:30a.m. in Room No. II CERTIFIED COPY TO SHERIFF DEPT. A TRUE COPY ATTEST: ---------------------Clerk CR-200 Page 6 of 6 Printed on: 06/05/2012

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