State of Maine V. Salisbury

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STATE OF MAINE KENNEBEC, ss SUPERIOR COURT CRIMINAL ACTION DOCKET NO. CR-11-573 .V,M- KEN,... '-1/to/U?I& STATE OF MAINE v. AMANDA SALISBURY, ORDER ON DEFENDANT'S MOTION TO DISMISS INDICTMENT Defendant The defendant moves to dismiss the indictment. The defendant argues that because a grand jury subpoena issued for her confidential banking records from the Savings Bank of Maine without her knowledge and without compliance with M.R. Crim. P. 17(c), the indictment must be dismissed. For the following reasons, the motion is denied. Pursuant to section 163, it is clear that in criminal proceedings the customer need not be notified when bank records are subpoenaed: The court for good cause shown may delay or dispense with service of the subpoena, summons, warrant or court order upon the customer. The court shall delay or dispense with service of the subpoena, summons, warrant or court order upon the customer upon notice by the Attorney General, the Attorney General's designee or the District Attorney that service upon the customer would not be in the public interest. A subpoena, summons or warrant issued in connection with a criminal proceeding or state or federal grand jury proceeding ... need not be served on the customer. 9-B M.R.S. § 163 (2011). Additionally, the Law Court has noted that violation of section 163 does not lead to an exclusion of evidence: "Even if we assume that the State did not comply with § 163, we would be disinclined at this time to apply an exclusionary rule. Section 163 does not mandate such a rule, and there is not the slightest suggestion on the facts here that such a rule is necessary to deter unlawful governmental conduct." State v. FredetteJ 411 A.2d 65, 67 n.4 (Me. 1979); see also Porter v. Norway Sav. Bank, 2011 Me. Super. LEXIS 15, *4 (Feb. 23, 2011) (subpoena requesting certain financial records that was issued in connection with a grand jury proceeding was found to be lawful on its face; the subpoena did not have to be served on the customer before the Bank acted and did not have to certify that it had been served). The subpoenaed records are not protected from disclosure by a "privilege, confidentiality protection or privacy protection." M.R. Crim. P. 17(d). Accordingly, the Rule 17(d) procedure was not required. The entry is The Motion to Dismiss Indictment is DENIED. Date: April 10, 2012 ancy Mills Justice, Superior 2 STATE OF MAINE vs AMANDA J SALISBURY 539 ROME ROAD ROME ME 04963 SUPERIOR COURT KENNEBEC, ss. Docket No AUGSC-CR-2011-00573 DOCKET RECORD DOB: 02/25/1980 Attorney: WALTER MCKEE MCKEE LAW PA 133 STATE STREET PO BOX 258 AUGUSTA ME 04332-0258 RETAINED 09/01/2011 State's Attorney: EVERT FOWLE Filing Document: INDICTMENT Filing Date: 07/28/2011 Major Case Type: FELONY (CLASS A,B,C) Charge(s) 1 THEFT BY UNAUTHORIZED TAKING OR TRANSFER Seq 8424 17-A 353 (1) (B) (1) Class B 08/01/2006 OAKLAND Docket Events: 07/29/2011 FILING DOCUMENT - INDICTMENT FILED ON 07/28/2011 TRANSFER - BAIL AND PLEADING GRANTED ON 07/28/2011 TRANSFER - BAIL AND PLEADING REQUESTED ON 07/28/2011 07/29/2011 BAIL BOND- $1,000.00 CASH BAIL BOND SET BY COURT ON 07/28/2011 JOHN NIVISON , JUSTICE 07/29/2011 Charge(s): 1 WARRANT - ON COMP/INDICTMENT ORDERED ON 07/28/2011 JOHN NIVISON , JUSTICE 07/29/2011 Charge(s): 1 WARRANT - ON COMP/INDICTMENT ISSUED ON 07/08/2011 CERTIFIED COPY TO WARRANT REPOSITORY 08/05/2011 Charge(s): 1 WARRANT - ON COMP/INDICTMENT RETURNED ON 08/05/2011 08/08/2011 BAIL BOND- $1,000.00 CASH BAIL BOND FILED ON 08/03/2011 Bail Receipt Type: CR Bail Amt: $1,000 Date Bailed: 08/03/2011 Receipt Type: CK Prvdr Name: AMANDA SALISBURY Rtrn Name: AMANDA SALISBURY 08/08/2011 Charge (s) : 1 HEARING- ARRAIGNMENT SCHEDULED FOR 11/15/2011 at 08:30a.m. 09/01/2011 Party(s): CR 200 AMANDA J SALISBURY Page 1 of 3 Printed on: 04/20/2012 AMANDA J SALISBURY AUGSC-CR-2011-00573 DOCKET RECORD ATTORNEY - RETAINED ENTERED ON 09/01/2011 Attorney: WALTER MCKEE 10/07/2011 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 10/07/2011 DA: WALTER MCKEE 10/07/2011 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 10/07/2011 Attorney: WALTER MCKEE 10/13/2011 MOTION - MOTION TO DISMISS FILED BY DEFENDANT ON 10/07/2011 10/18/2011 OTHER FILING - OTHER DOCUMENT FILED ON 10/13/2011 DA: ALAN KELLEY STATE'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS 11/15/2011 Charge(s): 1 HEARING - ARRAIGNMENT HELD ON 11/15/2011 M MICHAELA MURPHY , JUSTICE Reporter: JANETTE COOK Defendant Present in Court READING WAIVED. DEFENDANT INFORMED OF CHARGES. COPY OF INDICTMENT/INFORMATION GIVEN TO DEFENDANT. 21 DAYS TO FILE MOTIONS 11/15/2011 Charge(s): 1 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 11/15/2011 11/15/2011 Charge(s): 1 TRIAL- DOCKET CALL SCHEDULED FOR 01/03/2012 at 08:30a.m. 11/15/2011 HEARING- MOTION TO DISMISS SCHEDULED FOR 01/03/2012 at 08:30 a.m. NOTICE TO PARTIES/COUNSEL 11/15/2011 HEARING- MOTION TO SUPPRESS SCHEDULED FOR 01/03/2012 at 08:30a.m. NOTICE TO PARTIES/COUNSEL 11/15/2011 HEARING- MOTION FOR DISCOVERY SCHEDULED FOR 01/03/2012 at 08:30 a.m. NOTICE TO PARTIES/COUNSEL 01/03/2012 HEARING - MOTION FOR DISCOVERY NOT HELD ON 01/03/2012 01/03/2012 HEARING - MOTION TO SUPPRESS NOT HELD ON 01/03/2012 01/03/2012 HEARING - MOTION TO DISMISS NOT HELD ON 01/03/2012 01/03/2012 Charge(s): 1 TRIAL - DOCKET CALL HELD ON 01/03/2012 M MICHAELA MURPHY , JUSTICE Defendant Present in Court 01/03/2012 MOTION - MOTION TO SUPPRESS WITHDRAWN ON 01/03/2012 01/03/2012 MOTION - MOTION FOR DISCOVERY GRANTED ON 01/03/2012 M MICHAELA MURPHY , JUSTICE Defendant Present in Court CR 200 Page 2 of 3 Printed on: 04/20/2012 AMANDA J SALISBURY AUGSC-CR-2011-00573 DOCKET RECORD COPY TO PARTIES/COUNSEL 01/03/2012 HEARING- MOTION TO DISMISS SCHEDULED FOR 01/04/2012 at 08:30a.m. NOTICE TO PARTIES/COUNSEL 01/04/2012 HEARING - MOTION TO DISMISS HELD ON 01/04/2012 M MICHAELA MURPHY , JUSTICE Defendant Present in Court 01/04/2012 MOTION - MOTION TO DISMISS UNDER ADVISEMENT ON 01/04/2012 M MICHAELA MURPHY , JUSTICE AFTER HEARING JUSTICE MURPHY RECUSED FROM THIS CASE 01/25/2012 OTHER FILING - OTHER DOCUMENT FILED ON 01/25/2012 Attorney: WALTER MCKEE COPY OF ORDER IN STATE VS KAILE WARREN REGARDING THE MOTION TO DISMIS FILEDIN THIS MATTER. 02/08/2012 NOTE - OTHER CASE NOTE ENTERED ON 02/03/2012 M MICHAELA MURPHY , JUSTICE RECUSED HERSELF 02/08/2012 HEARING- MOTION TO DISMISS SCHEDULED FOR 03/07/2012 at 10:00 a.m. NOTICE TO PARTIES/COUNSEL 02/08/2012 HEARING - MOTION TO DISMISS NOTICE SENT ON 02/08/2012 03/07/2012 HEARING - MOTION TO DISMISS HELD ON 03/07/2012 NANCY MILLS , JUSTICE Attorney: WALTER MCKEE DA: PAUL RUCHA Defendant Present in Court TAPE#1506, INDEX#2050 03/07/2012 Charge(s): 1 MOTION - MOTION TO DISMISS UNDER ADVISEMENT ON 03/07/2012 NANCY MILLS , JUSTICE 04/11/2012 Charge(s): 1 MOTION - MOTION TO DISMISS DENIED ON 04/10/2012 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL 04/11/2012 MOTION - MOTION TO DISMISS DENIED ON 04/10/2012 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL 04/20/2012 Charge(s): 1 TRIAL - DOCKET CALL SCHEDULED FOR 06/05/2012 at 08:30 a.m. A TRUE COPY ATTEST: Clerk CR 200 Page 3 of 3 Printed on: 04/20/2012

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