911 texting has begun, but can the text messages be used as evidence?

As of last Thursday 5/15/14, major U.S. cell phone carriers support text messaging to 911 dispatch. Most call centers across the country are not equipped the handle the messages but, interestingly, Maine’s have been ready since last summer. The FCC site links to this document showing where you can text 911.

Tolan v. Cotton, SCOTUS reverses summary judgment for cop who shot pro baseball player

Monday was an interesting day at the U.S. Supreme Court. The court approved of a local government opening official business with an explicitly religious ceremony, the judges refused to hear a highly anticipated challenge to a New Jersey law that severely limits gun rights, but for my money the most interesting story comes from Tolan v. Cotton. The case tells a bizarre tale of how police came to shoot and nearly kill a professional baseball player, in front of his parents, while mistakenly believing that he had stolen his own car.[Read More at the Portland Press Herald].... 

Maine's OUI / DUI look-back will not be extended beyond 10 years

Read my latest post at the Portland Press Herald site: Legislative committee rejects 15 year OUI look-back. From the article:

Second, third and subsequent OUI offenses have serious mandatory minimum sentences in Maine. Current law “looks back” 10 years to count prior convictions within that period. While the sentencing judge can consider older offenses, they don’t change the mandatory minimum penalties. In its original form, LD 1729 would have increased the look-back period from 10 to 15 years. Amendments to the bill eliminated that increase....[Read more]

Meet Maine's newest crime: "Improper Contact"

This is where they make laws

On March 16, 2014 Governor LePage signed LD 1656 into law and created a new crime in Maine. It’s called “Improper Contact” and it’s an awkward fix for an unintended consequence of an unnecessary change to Maine’s bail code. I wrote before about LD 1656. You can read this post for more about how bail works in Maine.

Samuel Ford v. U.S: SCOTUS applies Burrage to vacate a life sentence

In its 2/24/14 list of orders, the U.S. Supreme Court summarily disposed of three criminal cases. One of them was Samuel Ford v. United States. Ford was convicted of selling heroin which caused the death of a man named Joseph Scolaro. Since Ford had a prior felony drug conviction, the mandatory minimum sentence under 841(b)(1)(C) was life in prison. Without further briefing or argument, the Supreme Court granted cert, applied the rule announced in Burrage v. U.S. and vacated the conviction.

You can read my post about the case on the Portland Press Herald site.

Jeffrey Cookson v. Maine: Head in the Sand, DNA Evidence in the Trash

The Maine Supreme Judicial Court decided Jeffrey Cookson v. State of Maine on 2/18/14. Their decision will prevent DNA testing of evidence which might show that the wrong man is in prison while a killer remains at large. The court gives a unique interpretation of Maine's chain of custody law and while it prevents testing for Cookson, it might help other defendants who challenge the prosecution's evidence at trial.

Walter Scott Fox, Fixture in Portland Sailing, Guilty of $14m Fraud

Scott Fox pleads to $14m bank fraud

Walter Scott Fox III, better known as Scott Fox, was a fixture in the Portland sailing community for at least the last 20 years. The 56 year old was a longtime member of the Portland Yacht Club, owner of expensive racing sailboats, and a great advocate of junior racing.

He owned The Boathouse, a boating supply store in Falmouth's Handyboat complex where he appeared to do a good business of outfitting junior sailors with racing dinghies and associated gear. Scott Fox looked to be a successful businessman and a role model for the many youth that he helped support. As it turns out, his whole life was built on a fraudulent loan scheme that ran from 1995 to 2012 and netted Fox about $14,000,000.

Burrage v. U.S.: Trafficked Drug must be But-For Cause of Death

On 1/27/14 the United States Supreme Court decided Burrage v. United States. The opinion limits the use of a Federal drug trafficking sentencing enhancement for cases where the drug user dies. The decision considers one specific statute, but it has lot to say about legal causation in general. In the end, the high court unanimously rejects the criminal causation rule used by Maine and a handful of other states.

Harmless Error at the Portland Press Herald

Harmless Error blog is now on the Portland press Herald website: http://www.pressherald.com/blogs/harmlesserror

I will be posting there at least twice a week. 

Marijuana Trial to Begin for Malcolm French, Rodney Russell & Kendall Chase

This week, one of the largest marijuana busts in Maine history will go to trial in Bangor federal court. Malcolm French, Rodney Russell and Kendall Chase, all businessmen in their 50s, are accused in a marijuana trafficking conspiracy involving thousands of marijuana plants worth some $9 million. The indictment alleges that from 2006 to 2009, the men ran an outdoor marijuana grow of at least 1000 plants in rural Washington County Maine. Federal law mandates a minimum prison sentence of 10 years and a maxim sentence of life.

Bond v. United States: Infidelity, Chemical War, and a RadioLab Podcast

Bond v. United States has been to the U.S. Supreme Court twice now. Round one resolved a standing issue and the latest argument dealt with the merits of the case. Bond asks whether there are limits on the way federal criminal liability can be expanded when congress enacts treaties and legislation to enforce them. The defendant was sent to federal prison for violating an international chemical weapons ban when she tried to get revenge on her husband's lover.

Kansas v. Cheever: Shrinking Heads and a Shrinking 5th Amendment

The United States Supreme Court has decided Kansas v. Cheever with Justice Sotomayor delivering the Court's unanimous opinion. The decision overturns the Kansas Supreme Court and approves the prosecution’s use of statements a defendant made in a court-ordered psychiatric evaluation to rebut the defense expert's testimony that Cheever lacked the mens rea because of intoxication. Cheever did not consent to the evaluation and never raised a traditional mental health defense. At his trial for the 2005 killing of a Sheriff, the rebuttal evidence was allowed, Cheever was convicted and sentenced to death.

Robert Evon Pleads Guilty to Drug Trafficking in NY Federal Court

Now that's a Coke Machine!

Robert Evon, the Portland, Maine man accused in an international cocaine trafficking conspiracy, entered a guilty plea in the Northern District of New York on December 3, 2013. Sentencing was set for April 4, 2014. The plea documents revealed some interesting details about the case. All my coverage of the case is collected here.

Portland's Marijuana Ordinance: FAQs & the Mythical Marijuana Arrest

Reports of my legalization
have been greatly exaggerated

On November 5, 2013 Portland voters overwhelmingly passed a city ordinance purporting to legalize possession use of up to 2.5 ounces of marijuana within the city. A lot of people have questions about how the Portland marijuana ordinance changes things and so, the city has posted some frequently asked questions to its website. Of course, the article is entitled "untitled document" and it's posted at a URL made up of meaningless words and numbers so there's pretty much no chance that anyone searching for the information will actually find it. To remedy that I've provided some of the highlights with a bit of my own information and commentary mixed in.

City Ordinance Would Legalize Marijuana in Portland, Maine...Kinda

I found one of these on my door this weekend

A proposed city ordinance is on the November 5, 2013 ballot in Portland Maine. It claims to legalize possession of up to 2.5 ounces of marijuana within the city, but can it? Maine statutes still make possession a civil violation, and marijuana is still illegal under federal law. Here's some explanation of the current state of Maine's law, what the ordinance says and what it might actually do if it passes.

The Banality of False Confession: This American Life and Detective Jim Trainum

Detective Jim Trainum

In case anyone missed This American Life Episode 507 entitled "Confessions" check it out. Act one centers on Jim Trainum a long serving Washington DC Homicide Detective. He worked a big case early in his career and got a 19 year old woman named Kim to confess to a murder. The thing is, she didn't do it. After getting the confession, Trainum accidentally found an alibi for Kim and the case was dismissed for that and other reasons. It was only many years later that Trainum discovered he had unwittingly created the false confession. The arrest and months of incarceration ruined Kim's life and the murder charge still shows up on background checks. Use the embedded player to listen to the story:

David Jones and Former Attorney Implicated in Federal Drug Trafficking

David Jones, AKA Dave Kaos, of Portland Maine was arrested late last week on a federal drug trafficking charge. The complaint alleges a single count of conspiracy to distribute 100 kg or more of marijuana. He faces up to 40 years in prison.

Rhonda Nappi has Died

There's a Rhonda Photo Gallery at the link. I like
this photo because it shows a palm tree on her head

Rhonda Nappi died on Thursday, September 19, 2013 and it really sucks. She was 60 when she died and was married to the same man for the last 41 of those years. She worked as a front desk assistant at the Cumberland County District Attorney's Office for the last 13 years and was very much alive for the eight years that I knew her.

Robert Evon Denied Bail, Accused of International Drug Conspiracy

Last week I wrote about Robert Evon, former owner of Portland's Port City Music Hall. He was arrested on Federal Drug Trafficking charges in Portland. He was then transferred to Syracuse New York since the case was indicted out of that district. He had an arraignment there on 8/30/13 and plead not guilty. Evon remained in custody pending a detention hearing set for 9/4/13. At that hearing, the Judge heard evidence that Evon was part of an international drug smuggling operation involved with importing 77 kilograms of cocaine. She then denied him bail.

Debra Milke, On Death Row since 1990, May Be Bailed Today Pending Retrial

In 1990, Arizona prosecutors convinced a Jury that Debra Milke had two men kill her four year old son in order to collect a $5000 life insurance policy. She has always maintained her innocence. The two others confessed but would not testify against her at trial. The only evidence connecting her to the killing is her own confession which, despite orders from a detective supervisor, was not recorded or witnessed by anyone other than the lead detective. Thought it was not told to the defense at the time. detective has a long history of lying to improve his cases. Milke denies confessing.