State of Maine V. Russell

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STATE OF MAINE KENNEBEC, SS. STATE OF MAINE SUPERIOR COURT CRIMINAL ACTION Docket No. CR-11-q~~ N)M..t\- k:..B N - S;llf; WI 2._ ORDER ON MOTION TO SUPPRESS STATEMENTS v. JACOB D. RUSSELL, Defendant The court had on this date the opportunity to listen to the audio recording. The court has also reviewed the transcript of the testimony of Detective Kenneth MacMaster taken on January 5, 2012, and has also considered the medical record of the defendant over State's objection (Sebasticook Valley Hospital E.R. Note, Dr. Tritch, appended to defense memoranda). The court has also considered the parties written arguments. The State must prove that the statements made to Detective MacMaster were voluntary beyond a reasonable doubt. State v. Curtis, 552 A.2d 530 (Me. 1988). The court must look at the "totality of the circumstances" to determine if the statements are "the result of defendant's exercise of his free will and rational intellect." State v. Smith, 615 A.2d 1162 (Me. 1992); State v. Caouette, 446 A.2d 1120, 1123-24 (Me. 1983). The court finds that the statements were voluntary beyond a reasonable doubt. The defendant, while tired and at times and emotional, gave answers that were responsive and intelligible. He readily engaged with the officer. He did not seek relief from conditions or ask for any assistance. While the officer was aggressive at times in his questioning, and accusatory, the court finds that he was not coerced into making statements. The defendant himself turned off the machine when he no longer wanted to answer questions. The entry will be: Motion to Suppress Statements is DENIED. M. Michaela Murphy Justice, Maine Superior Court 2 SUPERIOR COURT KENNEBEC, ss. Docket No AUGSC-CR-2011-00378 STATE OF MAINE VS JACOB RUSSELL PO BOX 160 BASS HARBOR ME 04653 DOCKET RECORD DOB: 03/31/1985 Attorney: LISA WHITTIER LAW OFFICE OF LISA W D WHITTIER, ESQ 72 WINTHROP STREET SUITE 2 AUGUSTA ME 04330 APPOINTED 05/25/2011 Attorney: WILLIAM BAGHDOYAN WILLIAM BAGHDOYAN, ATTORNEY AT LAW 72 WINTHROP STREET SUITE 2 AUGUSTA ME 04330 APPOINTED 04/03/2012 State's Attorney: EVERT FOWLE Major Case Type: FELONY (CLASS A,B,C) Filing Document: CRIMINAL COMPLAINT Filing Date: 05/23/2011 Charge(s) 0512212011 AUGUSTA 1 DRIVING TO ENDANGER Seq 1232 29-A 2413 (1) WALKER I AUG Class E 2 AGGRAVATED CRIMINAL MISCHIEF Seq 779 17-A 805 (1) (A) WALKER I AUG Class C 0512212011 AUGUSTA 3 FAILING TO NOTIFY OF MOTOR VEHICLE ACCIDENT Seq 1186 29-A 2255 (1) Class E WALKER I AUG 0512212011 AUGUSTA 4 THEFT BY UNAUTHORIZED TAKING OR TRANSFER Seq 8427 17 -A 353 (1) (B) (4) Class C WALKER I AUG 0512212011 AUGUSTA 5 BURGLARY OF A MOTOR VEHICLE Seq 10928 17-A 405(1) (A) WALKER I AUG 0512212011 AUGUSTA Class D OPERATE WHILE LICENSE SUSPENDED OR REVOKED, PRIOR Seq 9891 29-A 2412-A(1-A) (D) Class E WALKER I AUG 0512212011 AUGUSTA 7 BURGLARY OF A MOTOR VEHICLE Seq 10928 17-A 405(1) (A) WALKER I AUG 0512212011 AUGUSTA 6 Class D THEFT BY UNAUTHORIZED TAKING OR TRANSFER 0512212011 AUGUSTA 8 Seq 8423 17 -A 353 ( 1) (A) Class E Charged with INDICTMENT on Supplem CR 200 Page 1 of 8 Printed on: 05/08/2012 JACOB RUSSELL AUGSC-CR-2011-00378 DOCKET RECORD 9 DRIVING TO ENDANGER Seq 1232 29-A 2413 {1) MACMASTER I MFM Class E 0512212011 AUGUSTA Charged with SUPERSEDING INDICTMEN 10 THEFT BY UNAUTHORIZED TAKING OR TRANSFER 0512212011 CHINA Seq 8427 17-A 353 {1) {B) {4) Class C Charged with SUPERSEDING INDICTMEN MACMASTER I MFM 11 BURGLARY OF A MOTOR VEHICLE Seq 10928 17-A 405 {1) {A) MACMASTER I MFM Class D 0512212011 CHINA Charged with SUPERSEDING INDICTMEN 12 THEFT BY UNAUTHORIZED TAKING OR TRANSFER 0512212011 WINSLOW Class c Charged with SUPERSEDING INDICTMEN Seq 8427 17-A 353 {1) {B) {4) MACMASTER I MFM 13 BURGLARY OF A MOTOR VEHICLE Seq 10928 17-A 405 {1) {A) MACMASTER I MFM Class D 0512212011 WINSLOW Charged with SUPERSEDING INDICTMEN Docket Events: 05/23/2011 FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON 05/23/2011 05/23/2011 Charge(s): 1,2,3,4,5,6,7 HEARING- INITIAL APPEARANCE SCHEDULED FOR 05/23/2011 at 01:00p.m. NOTICE TO PARTIES/COUNSEL 0 5 I 2 4 I 2 o11 Charge ( s) : 1 , 2 , 3 , 4 , 5 , 6 , 7 INITIAL APPEARANCE HELD ON 05/23/2011 HEARING 05/24/2011 Charge(s): 1,2,3,4,5,6,7 HEARING - STATUS CONFERENCE SCHEDULED FOR 07/26/2011 at 10:00 a.m. 05/24/2011 Charge(s): 1,2,3,4,5,6,7 PLEA - NO ANSWER ENTERED BY DEFENDANT ON 05/23/2011 05/24/2011 BAIL BOND- $10,000.00 CASH BAIL BOND SET BY COURT ON 05/23/2011 M MICHAELA MURPHY , JUSTICE OR 100,000.00 SURETY NO USE OR POSSESSION OF INTOXICANTS AND RANDOM SEARCH AND TEST FOR THE SAME. NO CONTACT WITH DEBRA GOSSELIN, KENNETH AND LINDA WARD AND JONATHAN WOODS NOT TO OPERATE A M/V WITH A VALID LICENSE. MAY BE REVIEWED. 05/24/2011 Charge(s): 1,2,3,4,5,6,7 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 05/23/2011 05/25/2011 Charge(s): 1,2,3,4,5,6,7 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 05/25/2011 M MICHAELA MURPHY , JUSTICE COPY TO PARTIES/COUNSEL 05/25/2011 Party(s): JACOB RUSSELL ATTORNEY - APPOINTED ORDERED ON 05/25/2011 CR 200 Page 2 of 8 Printed on: 05/08/2012 JACOB RUSSELL AUGSC-CR-2011-00378 DOCKET RECORD Attorney: LISA WHITTIER 05/25/2011 Charge(s): 1,2,3,4,5,6,7 HEARING - STATUS CONFERENCE NOTICE SENT ON 05/25/2011 06/24/2011 MOTION 06/28/2011 HEARING - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 06/23/2011 MOTION TO AMEND BAIL SCHEDULED FOR 07/07/2011 at 09:00 a.m. NOTICE TO PARTIES/COUNSEL 07/07/2011 HEARING - MOTION TO AMEND BAIL HELD ON 07/07/2011 JOHN NIVISON , JUSTICE Defendant Present in Court 07/07/2011 MOTION - MOTION TO AMEND BAIL DENIED ON 07/07/2011 JOHN NIVISON , JUSTICE COPY TO PARTIES/COUNSEL IF MORE INFORMATION IF FILED REGARDING IN-PATIENT TREATMENT 07/26/2011 Charge(s): 1,2,3,4,5,6,7 HEARING - STATUS CONFERENCE HELD ON 07/26/2011 JOHN NIVISON , JUSTICE Attorney: LISA WHITTIER BRAD GRANT Reporter: TAMMY DROUIN DA: Defendant Present in Court 07/26/2011 Charge(s): 1,2,3,4,5,6,7 HEARING - STATUS CONFERENCE SCHEDULED FOR 08/09/2011 at 10:00 a.m. MAY BE REVIEWED 07/26/2011 Charge(s): 1,2,3,4,5,6,7 HEARING - STATUS CONFERENCE NOTICE SENT ON 07/26/2011 07/29/2011 Charge(s): 1,2,3,4,5,6,7 HEARING - STATUS CONFERENCE NOT HELD ON 07/28/2011 07/29/2011 Charge{s): 1,2,3,4,5,6,7,8 SUPPLEMENTAL FILING INDICTMENT FILED ON 07/28/2011 07/29/2011 Charge{s): 1,2,3,4,5,6,7,8 HEARING - ARRAIGNMENT SCHEDULED FOR 08/09/2011 at 08:30 a.m. 07/29/2011 Charge(s): 1,2,3,4,5,6,7,8 HEARING - ARRAIGNMENT NOTICE SENT ON 08/01/2011 08/09/2011 MOTION - MOTION FOR MENTAL EXAMINATION FILED BY DEFENDANT ON 08/08/2011 08/09/2011 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 08/08/2011 08/09/2011 Charge(s): 1,2,3,4,5,6,7,8 HEARING - ARRAIGNMENT HELD ON 08/09/2011 M MICHAELA MURPHY , JUSTICE Defendant Present in Court READING WAIVED. DEFENDANT INFORMED OF CHARGES. DEFENDANT. 21 DAYS TO FILE MOTIONS 08/09/2011 Charge(s): 1,2,3,4,5,6,7,8 CR 200 Page 3 of 8 COPY OF INDICTMENT/INFORMATION GIVEN TO Printed on: 05/08/2012 JACOB RUSSELL AUGSC-CR-2011-00378 DOCKET RECORD PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 08/09/2011 08/09/2011 Charge{s): 1,2,3,4,5,6,7,8 TRIAL - DOCKET CALL SCHEDULED FOR 10/04/2011 at 03:00 p.m. 08/15/2011 MOTION - MOTION FOR MENTAL EXAMINATION GRANTED ON 08/10/2011 M MICHAELA MURPHY , JUSTICE COPY SENT TO STATE FORENSIC SERVICE 08/30/2011 LETTER - FROM NON-PARTY FILED ON 08/26/2011 NOTICE FILED BY STATE FORENSIC SERVICE INDICATING COMPETENCY EXAM SCHEDULE FOR 9/6/11 AT 8:30AM. 09/22/2011 PSYCHIATRIC EXAM - COMPETENCY EVALUATION REPORT FILED ON 09/22/2011 COMPETENCY REPORT FILED IMPOUNDED. HAND TO ATTY WHITTIER ON 10/31/11. 09/26/2011 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 09/23/2011 COPY GIVEN IN Attorney: LISA WHITTIER 09/28/2011 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 09/28/2011 Attorney: LISA WHITTIER 09/28/2011 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 09/28/2011 Attorney: LISA WHITTIER 10/05/2011 MOTION - MOTION TO CONTINUE GRANTED ON 10/04/2011 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL 10/05/2011 Charge{s): 1,2,3,4,5,6,7,8 TRIAL - DOCKET CALL CONTINUED ON 10/04/2011 10/05/2011 HEARING - MOTION TO AMEND BAIL SCHEDULED FOR 10/04/2011 NOTICE TO PARTIES/COUNSEL 10/05/2011 HEARING - MOTION TO AMEND BAIL HELD ON 10/04/2011 NANCY MILLS , JUSTICE Defendant Present in Court 10/05/2011 MOTION - MOTION TO AMEND BAIL DENIED ON 10/04/2011 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL 10/05/2011 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 12/06/2011 at 02:30 p.m. NOTICE TO PARTIES/COUNSEL 11/07/2011 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 12/06/2011 at 02:30 p.m. NOTICE TO PARTIES/COUNSEL 12/07/2011 HEARING - MOTION FOR DISCOVERY CONTINUED ON 12/06/2011 12/07/2011 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 12/08/2011 at 01:00p.m. NOTICE TO PARTIES/COUNSEL 12/07/2011 HEARING - MOTION TO SUPPRESS CONTINUED ON 12/06/2011 CR 200 Page 4 of 8 Printed on: 05/08/2012 JACOB RUSSELL AUGSC-CR-2011-00378 DOCKET RECORD 12/07/2011 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 12/08/2011 at 01:00 p.m. NOTICE TO PARTIES/COUNSEL 12/07/2011 MOTION - OTHER MOTION FILED BY DEFENDANT ON 12/05/2011 MOTION FOR DISCOVERY EXPERT 12/07/2011 HEARING - OTHER MOTION SCHEDULED FOR 12/08/2011 at 01:00 p.m. MOTION FOR DISCOVERY EXPERT 12/07/2011 MOTION - MOTION TO DISMISS FILED BY DEFENDANT ON 12/05/2011 12/07/2011 HEARING - MOTION TO DISMISS SCHEDULED FOR 12/08/2011 at 01:00 p.m. NOTICE TO PARTIES/COUNSEL 12/07/2011 MOTION - MOTION BILL OF PARTICULARS FILED BY DEFENDANT ON 12/05/2011 12/07/2011 HEARING - MOTION BILL OF PARTICULARS SCHEDULED FOR 12/08/2011 at 01:00p.m. 12/08/2011 MOTION - MOTION TO CONTINUE FILED BY STATE ON 12/08/2011 12/08/2011 MOTION - MOTION FOR DISCOVERY FILED BY STATE ON 12/08/2011 12/09/2011 MOTION - MOTION TO CONTINUE GRANTED ON 12/08/2011 M MICHAELA MURPHY , JUSTICE COPY TO PARTIES/COUNSEL 12/09/2011 HEARING - MOTION BILL OF PARTICULARS CONTINUED ON 12/08/2011 12/09/2011 HEARING- MOTION BILL OF PARTICULARS SCHEDULED FOR 01/03/2012 at 03:00p.m. 12/09/2011 HEARING - MOTION TO DISMISS CONTINUED ON 12/08/2011 12/09/2011 HEARING - MOTION TO DISMISS SCHEDULED FOR 01/03/2012 at 03:00p.m. NOTICE TO PARTIES/COUNSEL 12/09/2011 HEARING - OTHER MOTION CONTINUED ON 12/08/2011 MOTION FOR DISCOVERY EXPERT 12/09/2011 MOTION - MOTION FOR DISCOVERY GRANTED ON 12/08/2011 M MICHAELA MURPHY , JUSTICE COPY TO PARTIES/COUNSEL 12/09/2011 HEARING - MOTION TO SUPPRESS CONTINUED ON 12/08/2011 12/09/2011 HEARING- MOTION TO SUPPRESS SCHEDULED FOR 01/03/2012 at 03:00p.m. NOTICE TO PARTIES/COUNSEL 12/09/2011 HEARING - OTHER MOTION SCHEDULED FOR 01/03/2012 at 03:00p.m. MOTION FOR EXPERT 12/09/2011 HEARING - MOTION FOR DISCOVERY HELD ON 12/08/2011 M MICHAELA MURPHY , JUSTICE Defendant Present in Court 01/03/2012 MOTION - MOTION TO DISMISS FILED BY DEFENDANT ON 01/03/2012 CR 200 Page 5 of 8 Printed on: 05/08/2012 JACOB RUSSELL AUGSC-CR-2011-00378 DOCKET RECORD DEADLINE TO FILE BRIEFS MAY 15, 2012 FOR BOTH MOTIONS TO DISMISS, BRIEFS DUE BY ALL PARTIES 01/03/2012 HEARING - MOTION TO DISMISS SCHEDULED FOR 01/05/2012 at 10:00 a.m. NOTICE TO PARTIES/COUNSEL 01/03/2012 HEARING - OTHER MOTION SCHEDULED FOR 01/05/2012 at 10:00 a.m. MOTION FOR EXPERT 01/03/2012 HEARING - MOTION TO SUPPRESS CONTINUED ON 01/03/2012 01/03/2012 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 01/05/2012 at 10:00 a.m. NOTICE TO PARTIES/COUNSEL 01/03/2012 HEARING - MOTION BILL OF PARTICULARS CONTINUED ON 01/03/2012 01/03/2012 HEARING - MOTION BILL OF PARTICULARS SCHEDULED FOR 01/05/2012 at 10:00 a.m. 01/04/2012 Charge(s): 1,2,3,4,5,6,7,8 TRIAL - JURY TRIAL SCHEDULED FOR 01/06/2012 at 08:30 a.m. NOTICE TO PARTIES/COUNSEL 01/05/2012 Charge(s): 1,2,3,4,5,6,7,8 TRIAL - JURY TRIAL CONTINUED ON 01/05/2012 01/05/2012 Charge(s): 1,2,3,4,5,6,7,8 TRIAL - DOCKET CALL SCHEDULED FOR 03/06/2012 at 02:30 p.m. 01/11/2012 OTHER FILING - MEMORANDUM OF LAW FILED ON 01/11/2012 DA: PAUL RUCHA STATE'S MEMORANDUM FILED REGARDING DEFENDANT'S MOTION TO SUPPRESS 01/13/2012 OTHER FILING - MEMORANDUM OF LAW FILED ON 01/13/2012 Attorney: LISA WHITTIER MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION TO SUPPRESS 01/27/2012 ORDER - TRANSCRIPT ORDER FILED ON 01/27/2012 01/30/2012 ORDER - TRANSCRIPT ORDER FILED ON 01/27/2012 M MICHAELA MURPHY , JUSTICE MOTION FOR TRANSCRIPT AT STATE EXPENSE GRANTED. MAILED TO TRANSCRIPT ON 02/03/2012 HEARING - OTHER MOTION CONTINUED ON 01/05/2012 1/30/12. MOTION FOR EXPERT 02/03/2012 HEARING - MOTION TO DISMISS CONTINUED ON 01/05/2012 02/03/2012 HEARING - OTHER MOTION CONTINUED ON 01/05/2012 MOTION FOR EXPERT 02/03/2012 HEARING - MOTION TO DISMISS CONTINUED ON 01/03/2012 02/03/2012 HEARING - MOTION TO SUPPRESS HELD ON 01/05/2012 02/03/2012 HEARING CR 200 MOTION BILL OF PARTICULARS HELD ON 01/05/2012 Page 6 of 8 Printed on: 05/08/2012 JACOB RUSSELL AUGSC-CR-2011-00378 DOCKET RECORD 02/03/2012 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 01/05/2012 M MICHAELA MURPHY , JUSTICE 02/03/2012 CASE STATUS - CASE FILE LOCATION ON 01/05/2012 UNDER ADVISEMENT WITH JUSTICE MURPHY 02/16/2012 Charge(s): 1,2,3,4,5,6,7,8,9,10,11,12,13 SUPPLEMENTAL FILING - SUPERSEDING INDICTMENT FILED ON 02/09/2012 02/16/2012 Charge(s): 1,2,3,4,5,6,7,8 TRIAL - DOCKET CALL NOTICE SENT ON 02/16/2012 02/16/2012 Charge(s): 1,2,3,4,5,6,7,8,9,10,11,12,13 TRIAL - DOCKET CALL SCHEDULED FOR 03/06/2012 at 02:30 p.m. 02/16/2012 Charge(s): 1,2,3,4,5,6,7,8,9,10,11,12,13 TRIAL - DOCKET CALL NOTICE SENT ON 02/16/2012 02/16/2012 Charge(s): 1,2,3,4,5,6,7,8 TRIAL - DOCKET CALL NOT HELD ON 02/16/2012 02/24/2012 Charge(s): 1,2,3,4,5,6,7,8,9,10,11,12,13 HEARING- ARRAIGNMENT SCHEDULED FOR 03/06/2012 at 02:30p.m. in Room No. 1 02/24/2012 Charge(s): 1,2,3,4,5,6,7,8,9,10,11,12,13 TRIAL - DOCKET CALL NOT HELD ON 02/24/2012 02/27/2012 LETTER - REQUEST FOR PROTECTION FILED ON 02/27/2012 03/01/2012 OTHER FILING - OTHER DOCUMENT FILED ON 02/29/2012 EXPERT REPORT 03/06/2012 Charge(s): 1,2,3,4,5,6,7,8,9,10,11,12,13 HEARING - ARRAIGNMENT HELD ON 03/06/2012 NANCY MILLS , JUSTICE Attorney: LISA WHITTIER PAUL RUCHA DA: Defendant Present in Court READING WAIVED. DEFENDANT INFORMED OF CHARGES. COPY OF INDICTMENT/INFORMATION GIVEN TO DEFENDANT. 21 DAYS TO FILE MOTIONS TAPE#1505, INDEX#940 03/06/2012 Charge(s): 1,2,3,4,5,6,7,8,9,10,11,12,13 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 03/06/2012 03/06/2012 Charge(s): 1,2,3,4,5,6,7,8,9,10,11,12,13 TRIAL - DOCKET CALL SCHEDULED FOR 04/03/2012 at 01:30 p.m. 03/12/2012 BAIL BOND- $10,000.00 CASH BAIL BOND AMENDED ON 03/06/2012 NANCY MILLS , JUSTICE OR 100,000 SURETY, NOT TO USE OR POSSESS ANY ALCOHOL OR ILLEGAL AND TESTING AT ANY TIME WITHOUT PROBABLE CAUSE, NO CONTACT WITH AND LINDA WARD, JONATHAN WOODS, JENNY PISCULLI, JOSEPH LABBE OR ENTER ANY RESIDENCE, PLACE OF EMPLOYMENT OR PLACE OF EDUCATION, CR 200 Page 7 of 8 DRUGS, SUBMIT TO SEARCH DEBRA GOSSELIN, KENNETH KELLY POULIN AND NOT TO NOT TO OPERATE ANY MOTOR Printed on: 05/08/2012 JACOB RUSSELL AUGSC-CR-2011-00378 DOCKET RECORD VEHICLE UNLESS LAWFULLY LICENSED 03/22/2012 OTHER FILING - TRANSCRIPT FILED ON 03/22/2012 FILED BY BRENDA CHENEY. 03/28/2012 LETTER - REQUEST FOR PROTECTION FILED ON 03/26/2012 04/02/2012 LETTER - FROM PARTY FILED ON 03/30/2012 Attorney: LISA WHITTIER LETTER FILED INDICATING MCILS HAS APPROVED FUNDS TO HAVE ATTY BAGHDOYAN APPOINTED AS CO COUNSEL. 04/03/2012 Charge(s): 1,2,3,4,5,6,7,8,9,10,11,12,13 TRIAL - DOCKET CALL HELD ON 04/03/2012 NANCY MILLS JUSTICE Defendant Present in Court 04/03/2012 HEARING- MOTION TO DISMISS SCHEDULED FOR 05/15/2012 at 10:00 a.m. I NOTICE TO PARTIES/COUNSEL 04/03/2012 Party(s): JACOB RUSSELL ATTORNEY - APPOINTED ORDERED ON 04/03/2012 Attorney: 04/03/2012 HEARING - WILLIAM BAGHDOYAN MOTION TO DISMISS NOTICE SENT ON 05/04/2012 05/04/2012 MOTION - MOTION TO SUPPRESS DENIED ON 05/04/2012 M MICHAELA MURPHY , JUSTICE COPY TO PARTIES/COUNSEL 05/08/2012 CASE STATUS - CASE FILE RETURNED ON 05/08/2012 05/08/2012 ORDER - COURT ORDER FILED ON 05/04/2012 M MICHAELA MURPHY JUSTICE ORDER ON MOTION TO SUPPRESS STATEMENTS, MOTION TO SUPPRESS IS DENIED I A TRUE COPY ATTEST: Clerk CR 200 Page 8 of 8 Printed on: 05/08/2012

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