Jurisdiction of the Supreme Court of the U.S. / status regarding disorderly conduct charges

I found an article about the Supreme Court at the law firm Mayer Brown. It's titled Epitaph for Mandatory Jurisdiction. There's more at Constitution Annotated, where the original jurisdiction of the Supreme Court is explained.

Might Mayer Brown, the law firm, take my case of wrongful arrest and malicious prosection? 

I can't call now, have to go to work soon. Luckily some of my cleaning jobs don't require me to be there at a specific time. This one's an Air B n B that needs to be done by tomorrow. 

One of the phone calls I made this morning was to the Waldoboro Police to let them know the complaint made in March, which resulted in a warrant for my arrest, was based on a lie. I recorded our half hour conversation. I also recorded the conversation with the clerk of courts of Lincoln County which was only 4 minutes. I need to "take care of" the warrant that issued because I failed to appear at my arraignment; I have to pay $500. Or I'll spend up to 48 hours in jail before being brought before a judge; if you're taken into custody on a Friday however, it's longer than that before you see a judge. One other option I have: resist arrest. 

So I have to decide what to do. If I pay the fee, I'll be given a new date for arraignment. If I don't, I'll be incarcerated like I was on Memorial Day weekend for failing to appear to pick a jury regarding the charges of disorderly conduct. I simply forgot to add it to my calendar. Pete and I showed up to court on May 23 because we had a hearing on the eviction of a tenant (Michael Morgan, AKA Goldilocks) from our property in Saint Agatha. And while there I was arrested and transported to Houlton, 2 hours away.  

I spent 4 nights there, the first 18 hours in the hole because during processing I didn't answer the question "Where were you born?" I wasn't given a phone call until Tuesday afternoon just before my release. And here's the status of my case now. 

Can I still get a trial by jury trial...please, and an attorney? I never consented to withdrawal of the jury trial. Here are the rules in Maine regarding the right to a trial by jury. 

DA Todd Collins should be indicted for malicious prosection and Corporal Ted Martin for the false arrest on July 10, 2024 and his failure to issue at least a warning to Kevin Thibeault for the threat that he made on June 6, 2024 to me and family members. 

The message below was sent to our oldest son, Aaron, after Kevin sent my husband and I similar messages. It was a lie; he hadn't been shot. Kevin knew Aaron was beat up by drug dealers/gang members in October of 2022 and nearly killed. Until I called state police and confirmed there'd been no reports of gunfire in the small town of Saint Agatha, we didn't know it was a lie.  

Maine man says he received settlement from Maine cops

I read about a case of warrantless arrest a while back, like 4 or 5 years ago. Since then I've been wondering its status. Caleb Gaul had the assistance of the ACLU of Maine to sue law enforcement after he was arrested in his yard. 

Well, I found him on Facebook recently and friended him. He put out a short video. Apparently, his ex is keeping him from his children. He says so at the very beginning of the video when he lights up paperwork regarding the guardian ad litem. 

Then he says he was paid off by the cops and will eventually be paid off by the judges in Maine. He's no longer in Maine by the way. Here's the video. 

Taxpayers are the ones paying the cost of settlements when State of Maine employees misbehave. Maybe Caleb is under an obligation not to discuss or disclose the terms of a settlement; but Maine taxpayers have the right to know how their dollars are spent...to know how much the misdeeds of law enforcement cost us.  

Another false claim, malicious prosecution, arrest and pending warrant for arrest

Though the case against me for disorderly conduct was dismissed at the end of May, I am still facing prosecution and arrest! 

I just used Google Docs to edit my story at Go Fund Me. I've been charged with stalking in Lincoln County; a warrant for my arrest was based on false claims made by my son's ex! 

https://gofund.me/18dedaed

My campaign has been a flop, but though I'm discouraged I'm not deterred. I will continue to expose the crime and try to hold those accountable who made false claims, wrongfully arrested me, and maliciously prosecute and persecute me.

Status of my Disorderly Conduct case in Aroostook County

On July 10, 2024 while visiting the beautiful Saint John Valley, I was arrested. Newly-promoted Corporal Ted Martin should have instead issued a warning to our tenant/roommate Kevin Thibeault for threats made against me, and lies told in the middle of the night to me and other family members on June 6, which frightened us. 

In order to avoid being taken to jail in Houlton and be brought before a judge the next day...the notorious, nonrefundable "pay not to stay" fee (aka bail) of $60 had to be paid. My husband, Pete, paid it.

From a story at News Center Maine in 2018 by Shannon Moss "Getting out of jail in Maine: Who decides someone's bail after arrest" Anne Jordan says the bail commissioners set the bail amount and/or other conditions of release, and

...the taxpayers of Maine don't pay a penny for them. Bail commissioners make up to $60 dollars for each case, money paid for by the individual arrested.

Really? Taxpayers don't pay? I paid the $60, plus 4 days and 4 nights of my freedom on Memorial Day weekend 2025 after refusing to pay another $250 for failing to appear to pick a jury for what would obviously be a sham trial. I simply forgot to put it in my calendar. Rather than schedule it for another day, Judge Nelson issued a warrant for my arrest. 

Nelson was the judge who was presiding over cases in Fort Kent on May 23 when we were scheduled to appear to evict a tenant who started renting a portion of th house from us in April, and tried to claim it all as his; I've nicknamed him Goldilocks. 

The judge read the list of cases/names, and asked some to mediate. Soon the marshall politely told me that I was going to be arrested; I asked if it could wait until we finished up with the eviction case. 

It was Pete's name I put on the paperwork in case I couldn't be there. He and the tenant mediated; I wasn't allowed into the room! That's okay, in the adjacent room I could hear alot of what was said by putting my ear to the wall. It was agreed he would get out of the home within about a week. 

The Fort Kent Chief of police arrived. He's Michael DeLena. Once outside an Aroostook County sheriff deputy arrived to take me to Houlton County jail. I asked Pete to record the arrest on his phone.

During processing I was thrown in the hole for not complying, and left there for 18 hours. "I was born in Fort Kent, Maine" is all I would have had to say to avoid that; yet it was good to have experienced and survived it. Sing and exercise is all I could do in the hole. Sleep was impossible on a narrow hard bench with nothing but a blanket. If I even got close to sleep, screams from guys in cells near me kept me from it. 

One guy was begging to go back to the shower, saying it hurt. I found out he'd been pepper sprayed. He was in for criminal mischief; I didn't ask for more details. It was difficult to hear each other through the prison doors. He was only 20 years old. I asked if he had family that helped him. He said he did. I asked if he had a girlfriend. I was surprised by his answer because it sounded l.ike "f*** you". It was actually "a few." When he was making noise some of the guys were telling him to "shut the f*** up", so I hollered out "he's just a kid."

The water was horrible, tasted like chlorine. After several hours in the hole, I started to cough. My throat felt irritated; I soon realized that it was probably ammonia vapors in the room that was the reason I was coughing. I asked for them to flush my toilet - a hole in the cement floor.

In passing by other inmates to get my lunch tray when I was moved to the general population, I mentioned my son's name. One of the inmates said her boyfriend, who'd just been released was Shane's friend in prison. 

It took a whole day to get something for my lips; by Tuesday they were so chapped they were about to bleed! When the medic came, even though I wasn't on any medication I asked for something and she gave me some ointment which gave me immediate relief. 

I wasn't given a phone call until Tuesday afternoon. Pete had waited in the parking lot for 6 hours because he thought I'd see the judge Tuesday morning and be released. One of the girls said from their window she could see a man in a white truck had been parked there for hours...it was Pete. I wasn't even given a phone call until Tuesday afternoon shortly before I was released. 

Below you will see the status of my case. 

The district attorney, satisfied that I'd been punished enough, dismissed the charges... though the only thing I'm guilty of is failing to consent to a scam court proceeding which would have ended in a finding of not guilty and been a waste of taxpayer dollars, and an embarrassment to the State of Maine. 

My arraignment - Judge and officer payroll records

On November 4, 2024 I was arraigned in Fort Kent District Court. The case was presided over by Judge Carrie Linthicum.

I later googled her name and discovered that Judge Carrie Linthicum's pay in 2023 ($148,231.60) was three times her co-workers in Maine, and twice that of the national average. Judge Nelson, who sentenced Shane and who is now presiding over this ridiculous charge of disorderly conduct, had the same pay as Linthicum. And I found the pay for the Maine State trooper Ted Martin who arrested me. He must have had an increase in pay around the time of my arrest on July 10, 2024 because he'd just been promoted to corporal, imagine that.

The link to the payroll records is simply openpayrolls.com

If you don't get results in the search bar in the middle of the page, try using the search on the sidebar to the left, which you can use filters. I found District Attorney Todd Collins pay from there. 

Todd R Collins worked as a District Attorney for the State of Maine and in 2023 had a reported pay of $135,021.60 according to public records. This is 94.6 percent higher than the average pay for state employees and 88.2 percent higher than the national average for government employees.

So now, for what happened at my arraignment. She, the judge, would not drop the bail condition which forbid me to be at the home on our property...even though our tenant moved out soon after my arrest and notice of eviction. I did not agree that the court had jurisdiction and would not enter a plea, so Judge Linthicum entered one for me, of "not guilty".

Unanimous decision reversed - Judicial misconduct?

A unanimous decision by the Maine Supreme Court is reversed by the Maine Supreme Court in Pushard v. Finch. The decision involves the proceedures used by financial institutions in foreclosures.

Under Finch, foreclosing lenders will no longer face the draconian consequence of a simple error in a default notice resulting in the forfeiture of its note and mortgage.

Sorry, but there'll be no more free houses if the bank makes an error people. I mean it was a unanimous decision, now overturned. That's unusual. I found a story at the Seacoastonline by Douglas Rooks on January 4 2025, titled Judicial ethics complaints can't be ignored in Maine which shed some light on this case. 

For the first time ever, one of its own members, Associate Justice Catherine Connors, has been recommended for discipline by the Committee on Judicial Conduct after failing to recuse herself for an important foreclosure case in which she cast the deciding vote. 

I see....could it be she had ties to the winning party in that case?

Domestic violence victims - how they feel about police

Here's a Bangor Daily News story about Victim Servicea in Maine and how only half of the funds have been approved that are needed to help them, and other victims of crime. And, from the story:

A recent survey of callers to the National Domestic Violence Hotline found that 39 percent of those who also called police actually felt less safe after calling them; 40 percent said they believed it made no difference.

Office of Professional Standards (OPS) - Maine

📞On Thursday I received a phone call from Officer Christopher Tupper of the Office of Professional Standards regarding my complaint against Corporal Ted Martin. He asked if I had a lawyer. I said "Not yet." I told him I had audio and video footage of Martin's wrongful arrests of me on July 10, and another woman in Saint Agatha on July 11. He wanted me to send him this evidence. I told him "When you play poker, you don't show all your cards."

I have an appointment to speak with an attorney in Aroostook County on Thursday regarding the wrongful arrest and about Shane being sentenced without due process. The Pulitzer Center wrote about accountability of Maine law enforcement in 2019, and you can see that most officers only received temporary suspensions...in other words, unpaid vacations.

Maine House of Reps - seat won by man accused of domestic violence

If you ever thought that your vote didn't matter much, read this story at WGME.

Lucas Lanigan won re-election by one vote; and surprisingly it was right after he was charged with choking his wife! Prior to that, Patricia Kidder was ahead of him. The alleged abuse happened so near the election that it's very possible that voters didn't get a chance to swallow the news.

Another story at WGME says after posting a $3000 bail, Lanigan is not to have contact with his wife. In relationships, things can get complicated and frustrations can turn into violence if there isn't appropriate support or counseling. As it stands, even a phone call would be in violation of the order placed on Lanigan, even though his wife doesn't want him to be charged. 

But is completely cutting off ties always the best option? Sometimes it's the frustration of that disconnect that leads to violence. Despite whether or not there is reunification, when two people can't seem to come to a resolution of their problems, there should be some sort of intervention, mediation in an effort to keep both parties safe...processes that supplement or in some cases replace protection orders. 

The non-profit that organized the march in Sanford is Finding Our Voices. The founder is Patricia McLean, and she interviewed Randall Liberty of the Maine State Prison; his father was an abuser who was in and out of prison. To combat the problems of violence, there's a new state office, The Office of Injury and Violence Prevention, a part of the Center for Disease Control and Prevention.

2.5 years without effective counsel

Shane’s been incarcerated now for over two years, without evidence of self-defense being investigated and considered, and without other individuals being charged...or at least their involvement be considered as a mitigating factor.

After he accepted a plea bargain, Shane was sentenced by Justice Stephen Nelson on 11-08-22 in Aroostook County Superior Court; Nelson may well be the judge who presides over my case AROCD CR 2024 20209. I was wrongfully arrested last summer while on vacation, and I'm being prosecuted for Disorderly Conduct.

The chief justice of the Maine Supreme Court, the mayor and the chief of police of Lewiston, the District Attorney, and others spoke at public meetings held at city hall about violence and public safety. They admit that the system is failing, collapsing, imploding! I'd like to know what they think a total collapse will look like! The State of Maine is violating prisoners' right to counsel. Ineffective counsel is the same as no counsel.

And here's some information about plea bargaining and ineffective counsel.

Follow my blog to get updates about mine and my son’s cases.

Letter to the Court, District Attorney, and Maine State Police

I sent a three-page letter to the court today, four if you include a copy of the threatening text message sent to me from our former tenant/roommate. 

I'm being charged with Disorderly Conduct, but no warning was even given to Kevin for what he did! 

In my letter I requested the judge lift the bail conditions keeping me from being at my property, dismiss the case, but if not dismissed I asked to appear by zoom. And I want the evidence against me...there is none, absolutely none! It was a wrongful arrest. 

If the District Attorney doesn't dismiss the charges, the presiding judge should file a complaint with the Board of Bar of Overseers against him, for malicious prosecution. Most oversights committees dismiss complaints they receive from ordinary people like you and I.

Oh, and I asked for an investigation of the police officer; I threw that in even though I know the judge won't address it. I didn't want to write a separate letter, so I simply added Lieutenant Brian Harris of Troop F to the cc at the end of the letter to the Superior Court, and sent a copy to him, in Houlton. 

I'll be home for Christmas...NOT!

After being arrested on July 10, 2024 I was forced to agree to the bail bond condition that I not go back to the home on our property which my husband had been sharing with a former friend. And I had to pay $60. 

In a Zoom hearing on December 2, I asked Judge Carrie Lithicum in Fort Kent District Court to drop the bail condition, but she wouldn't, and she transferred the case to Superior Court.

The danger in police failing to arrest me if I violate the condition of my release is that it makes them look weak, like they are not enforcing the law. The danger in arresting me for not complying with the bail condition is that it would be another wrongful arrest.

And even though it is your right to defend against a wrongful arrest, it's also dangerous. Here you can read about wrongful arrests.  

Merry Christmas, from Lewiston Maine!

 

Visit with Shane

Shane says he has never been shown the text mesage below, which I sent to his attorney, Verne Paradie, by email. Paradie hired Investigator Hank Dusenbery who I spoke with; and he confirmed that he never went to the Saint John Valley to find them, never interviewed these guys. 

My son is caught up in a system where you're guilty until proven innocent...imprisoned while waiting for counsel to be appointed. A speedy trial can take weeks, months, even years before being scheduled.  

Jail rules won't allow me to bring in any paperwork, and when I mailed the text message to Shane it was sent back to me because it's a screenshot...and they're not allowed.

I sent the screenshot and other evidence to Governor Mills, and asked for her help. She has a duty to ensure that the laws of Maine are faithfully executed. I got no reply. 

I asked for help from Maine Senator Margaret Rotundo. She put me in touch with one of her aides, named Patrick Reagan. He contacted someone at the Department of Corrections, Sam Prawer. Patrick apparently accessed the letter to Governor Mills, which contained the evidence above, and much more, and gave it to Mr. Prawer. After a few weeks without hearing from anyone, I messaged Patrick. He wrote back, saying about Sam Prawer:

He told me that there was nothing they could do. In order to change a court's decision you'd have to go back through the courts, apparently.

Blogger Wrongfully Arrested - yes, me!!!!

I was arrested on July 10, 2024, and arraigned on November 4, 2024 for the alleged crime of attempted disorderly conduct, as listed on the notice. The Docket # is AROCD-CR-2024-20209

    

I spoke briefly with Officer Lacey Merchant on July 11. She wrote a report saying she told me that Martin would be in touch with me about the messages because this was his case. 

Although Corporal Martin did on July 11 show up and let me read him the text messages the tenant sent me, he didn't make a police report. 

Yesterday, I spoke with Officer Mackenzie, a Lewiston Maine police officer. I read him the message. He said he didn't think it was a threat. Really? I didn't include the entire thread...you know the part where Kevin claims to have been shot by friends of our son. 

Kevin moved out, but my request to lift the bail condition that I not be at the home, which shouldn't have been enforceable anyway, was denied by Judge Carrie Linthicum.  

Sexual Harassment - Judge Charles Budd

You can read about the story at the Portland Press Herald, titled Sexual Harassment Complaint against former Maine judge dismissed. According to the story U.S. District Court Judge Lance Walker dismissed the case against the judge, because he said "existing law was not clear in this case."   

If you can't access that story, here's the opinion Pike v Budd at Casetext. And here's an indepth article I found at the California Law Review, titled Qualified Immunity's Flawed Foundation, written in February of 2023 by Alexander A. Reinert. From the Introduction: 

Qualified immunity—the affirmative defense available to government officials sued in damages for violations of federal law—is under renewed assault. 

Could qualified immunity be on it's way  out, or it's use be limited? 

Even though the court case against Judge Budd was dismissed, the Maine Board of Overseers of the Bar Association is taking testimony, because they can vote to suspend the judge's law license, and/or fine him. 

And here are the links to listen to the various hearings that will be held by the Board today and tomorrow by Zoom. 

There's also a hearing on November 26, regarding Attorney Daniel Feldman, who I spoke with the other day. He says he wants to quit representing certain defendants that the state owes him money for; but until they can appoint another attorney, they won't drop him from the case. 

Feldman claims he has a shared interest in the state resolving the issues in the ACLU's case Robbins v MCILS (now MCPDS) for violations of the 6th Amendment right to counsel...and he is asking to be a party in the class action case. 

Supreme Court, Congress, Media...Americans have unfavorable views of

Last month in an article at the Hill, The Supreme crisis of Chief Justice John Roberts, Jonathan Turley mentioned that a recent poll found that less than half of Americans have a favorable view of the United States Supreme Court. That's largely due to the overturning of Roe v. Wade. But we the people have even lower approval ratings for Congress which is part of the Legislative branch, at only 18%, and the media is only trusted by 32% of people, Turley reported. 

As for police, who are part of the executive branch, their approval rating is about the same as that of the justices, only about half. In U.S. Confidence in Institutions Mostly Flat, but Police Up, by Megan Brenan at Gallup:

Faith in the police fell in 2020 to 48% after George Floyd was murdered while in police custody. After increasing to 51% in 2021, confidence in the police dropped again in 2022 and dipped further last year, to a record low of 43%.

Can we agree that the tree is rotten and we need to plant a new one? 

The uneducation of America! The Supreme Court at Lewiston High School

Don't expect a decision anytime soon about the intertidial land controversy which the Maine Supreme Court heard today. Intertidal is the word used to describe the land between the low and high tide marks. Here's a Maine Public story by Kaitlyn Budion, at Maine Public: Moody Beach dispute reaches Maine Supreme Court.  The justices will probably take forever because they have to first determine if Peter Masucci et al. (and others) have standing because according to the story he's "asking the court to overturn a 1989 decision which says that private land ownership extends to the low tide mark." 

Apparently, the signs that were put up are offending people. Here's a story by AnneMarie Hilton, at the Morning Star, with photos of the signs. From Maine's highest court hears arguments for public access to intertidal land case: 

If the court clarified that intertidal land is not an easement, but rather subject to the public trust doctrine — which preserves certain natural resources for public use — Parker said they could expand the definition of “fishing, fowling and navigation” without overturning the 1989 ruling. 

That's how this issue could be resolved, according to a Maine assistant attorney general, Lauren Parker. The decision in 1989 was by the Maine Supreme Court. I don't know if the court has ever overturned one of their own decisions...that is admitted it made a mistake.    

At schools throughout Maine this week the Maine Supreme Court justices are hearing the cases so students can watch. I wanted to attend the event, but couldn't; the public wasn't invited! Upon arriving, I was asked my name by a woman with a list. I wasn't on it, so I couldn't sit and watch. 

What? I didn't have any weapons on me. There seemed to be enough space on the bleachers, though I don't know how many students were going to be attending. Nobody seemed to know that. A man who must have been with the justices and the court said it was not their policy. "An email went out to parents and others," I was told at the main office where I went to ask what the situation was.  

Do parents want their children to learn about a failing judicial system? We should get students to help develop a new justice system! The current one is too slow; and counsel, which is essential, is being denied people. One of the reasons our ancesters separated from Massachusetts over 100 years ago is that it was taking too long for people in places far north (now Maine) to have their cases heard because of the great distance from the court. 

Off duty officer in New York - lawsuit filed in road rage incident

Here's a story at the AP, about an officer who was apparently intoxicated when he crashed into cars and shot a man in the head on June 6, 2024. From the Associated Press story by Karen Mathews, on October 2, 2024:  

According to the lawsuit, Tran’s alcoholism and mental health problems were known to his police superiors and should have disqualified him from serving as an armed officer, but he was nonetheless carrying a department-issued 9mm pistol that he used to shoot Patel.

Lewiston Mass shooter's medical records - about probate court, and Judge Blaisdell

The following story explains Woman who lost husband and son uses probate process to obtain gunman's records: 

A judge on Tuesday granted Cynthia Young’s petition to become a special administrator of Robert Card’s estate so she can have legal authority to obtain the records for herself, others who lost loved ones, and attorneys preparing lawsuits. The move was not opposed by Card’s son, who is his sole heir.

If the paperwork was filed in Hancock County, there'd be no other judge to preside over the case other than Judge Blaisdell. From High court suspends Hancock County probate judge "It’s not clear yet when the four-month suspension period for Hancock County’s only probate judge will commence," and here's what Judge William Blaisdell IV did: 

The suspension stems from the Committee on Judicial Conduct finding that Blaisdell had committed three violations of the code governing judicial conduct, according to the court’s written decision. The first included failing to file federal and state income tax returns for the years 2020, 2021 and 2022; failing to pay court-ordered child support and attorney fees; and acting in contempt of the district court in a family matter in which he was a party. The second violation was failing to respond to the committee despite repeated requests to do so and finally acting with a lack of candor by asserting he’d never received the committee’s letters.

The main reason the justice system is failing - the lack of jury trials

From a story at the Portland Press Herald, titled The Maine Supreme Court asks large law firms to help with Public Defender Services. For the most part, they haven't. 

Peter Murray, a Portland-based attorney, has practiced law for 55 years. When he started as a trial lawyer, he took criminal cases even though it wasn’t his specialty. Other trial lawyers would do the same. But handling criminal cases has become “infinitely more complex in the last 50 years,” he said. Part of the reason is the numerous types of charges in a single case, Murray said. But the primary reason is cases rarely go to trial anymore. They end in plea bargains, meaning much of the criminal defense work is done outside a courtroom.

Deceased judge's chambers used for sex crimes after hours

In case you haven't heard, you can read the New York Times story Kentucky Sheriff Arrested in Shooting Death of Judge. I can't remember if I subscribe to the paper, so if you can't read it, I'm sure you'll find stories about it elsewhere.

I know I don't have a subscription to the Louisville Courier Journal so you should be able to read the following: Suit alleges Kentucky deputy forced woman to have sex in judge's chamber in lieu of fees. The story tells about abuse going on in the judge's chambers, probably without his knowledge. Two women filed a lawsuit in 2022; one has since died, apparently of an overdose.

“Plaintiff was coerced and compelled to comply with defendant Fields’ advances” given his “position and power and because she could not afford to pay for the ankle monitor and did not want to return to Letcher County Jail,” the suit says.  

From a January 10, 2024 story at The Mountain Eagle titled Ex-deputy sheriff is sentenced; one victim tells of 'nightmares' 

Fields pleaded guilty to third-degree rape, third-degree sodomy, two counts of tampering with a prisoner monitoring device and second degree perjury. The three charges related to the second woman were dismissed because she is now dead, but the civil case is continuing with her estate as plaintiff along with Adkins.

Fields will serve six months in jail and is required to register as a sex offender and complete outpatient sex offender treatment.

Ben Fields only had to serve 6 months of his sentence. Sabrina Adkins is the surviving defendant, and here's the PDF of that civil case filed 2.5 years ago, and the sheriff is named as a defendant. 

I also found this story from an NBC News story in 2018, but I don't know if it's the same man: South Carolina Deputy Ben Fields Fired After Body Slamming Student: Sheriff

The school resource officer who was caught on camera violently flipping a South Carolina high school student at her desk has been fired, authorities announced Wednesday.

Wells Maine man settles lawsuit, gets $385,000

From the Portland Press story, Lawsuit, settlement for Taser use at York jail cost nearly $800,000:

When Dunnigan sued in October 2019, he alleged that while he was at the jail, Daigneault kneeled on his chest and pressed his Taser to him for almost one minute while Cram and another officer held him down, his head bouncing against the cement floor.

Brian Dunnigan's lawyers received even more than he did, $415,000! In March of 2023 some defendants were dismissed from the case. Here's the motion granting it, and explaining what happened to Dunnigan in 2018 after he was arrested for disorderly conduct, resisting arrest, and criminal mischief at a bar in Ogunquit...charges that were later dropped. 

If Dunnigan hadn't filed the lawsuit, the charges probably wouldn't have been dropped, and he would've been jailed and/or fined. I'm wondering how he was able to pay the lawyers. Very few cases are taken on contingency, except for those that are so shocking, and in which lawyers expect a huge award when they win. 

About jury duty, and disparity in sentencing

Judge Mullen was the Maine judge who gave Eric Tankerley a lenient sentence. I googled his name. Here's a story at the Press Herald regarding his frustration with jurors not showing up for jury duty, or calling in or writing to explain why.  

My son, Shane, was chosen for jury duty; however he couldn't show up because he's in prison! In Maine, prisoners can vote...so should they be allowed to be jurors? If you're supposed to be judged by a jury of your peers, and you've been incarcerated for so long that fellow inmates are your peers, doesn't that qualify them to be on the jury?

While I was reading about Mullen, I saw a story from yesterday. Compare the Sangerville woman's 3 year sentence to Eric Tankerley's 30 day one...which I blogged about earlier today. The disparity in sentencing is another problem in our justice system which doesn't often get much attention. 

 

Is intoxication a defense? Tankerley case, Francis Griffin and Jabar's broken promise

Two of Eric Tankerley's female friends were killed in the crash. From the story Moscow man to spend 30 days in jail for role in deadly 2022 car crash:

Tankerley had been indicted by a grand jury last year on two counts of manslaughter, two counts of aggravated criminal operating under the influence, and single counts of criminal speed and driving to endanger.

I have to wonder if this man has ties to someone in a position of power. I can't determine if Tankerley was appointed an attorney. It was Deputy District Attorney Francis Griffin who got him the sweetheart deal, approved by Justice Robert Mullen. Why would Mullen approve such a lenient sentence?

Griffin made a motion Monday to dismiss the first six counts and move ahead with a sentence based on Tankerley’s plea, which Superior Court Justice Robert Mullen allowed.

Many people are being killed by automobiles which are operated by people who are intoxicated, or for whatever reason are driving dangerously. Their licenses should be suspended until they're rehabilitated. 

At the website for the Maine Department of Corrections, I found Tankerley. All you need is a person's name and at you can find out if they're incarcerated and when they are expected to be released at Adult Resident/Adult Community Corrections Client Search. 

I thought I'd try to find out more about the prosecutor, and found another story at the CentralMaine website: "'Staggering' departures at Kennebec-Somerset region district attorney's office." The story is from 2012, 13 years ago, and I did discover who Griffin has a tie to:

On Thursday afternoon, Griffin took the oath of office, which was administered by his uncle, Maine Supreme Judicial Court Associate Justice Joseph M. Jabar.

And what kind of judge is or was Jabar? There's more information about Jabar in a recent story at MaineWire, in January of 2024: BREAKING: Mills to Send Moderate Maine Supreme Court Justice Jabar Packing. 

Gov. Janet Mills (D) will not be reappointing Justice Joseph M. Jabar, a longtime Maine jurist who has served in the Maine judiciary under Govs. Angus King (I), John Baldacci (D), and Paul LePage (R), according to three sources familiar with the matter.

Governor LePage reappointed Jabar after Jabar asked him to, so that he could reach 20 years of service, giving him a better retirement package. You can access the letter from that story, and from this one at NewsCenterMaine titled:Governor says Supreme Court justice is ignoring promise to retire. 

Here's a direct link to LePage's letter to the justices of the Maine Supreme Court, on 2-13-2018. 

Should we change the law to make the removal of judges easier, including those in the Supreme Court of the United States who overturn pivotal cases such as Roe v. Wade?   

Lies by Maine State Corporal Ted Martin

The entire justice system needs an overhaul! And officer misconduct is part of the problem that needs to be addressed. 

Maine Corporal Ted Martin, I'm sure has done some good so far during his brief time with Maine State Police, but his arrest of me on July 10, 2024 was definitely wrong...and he has since lied in the police report. This photo is of page 3 of 4 of the July 8 police incident report. In it Martin states that I was intoxicated! 

Nearly an entire sentence is redacted from the report; and someone made a note at the bottom of the page recommending this case be closed as not a crime...so why is the State of Maine prosecuting me? Because if they drop the case it's an admission that there was no probable cause to arrest, and that will give a civil rights case more validity and strength. 

Police misconduct is happening in all states. It was not the first, second, or third time that the officer who arrested Tyreek Hill acted inappropriately. Yet, the story says Officer Danny Torres received an "award for professionalism in May 2023." 

According to the records, the officer was accused of misconduct, force violations, and improper procedures. He was also reportedly investigated for using force at least 13 times during his service.

I just added a tab at the top of my page, regarding LAS and Karin Huffer who passed away in 2018. Also added a tab for Equal Access Advocates (EAA). There are some good videos there, one explaining about PTSD. 

How many people in the United States suffer from LAS and don't even realize it? Could it be our broken justice system is to blame for much of the violence in America?

Huffer discovered that many of the legal system's victims suffer from a variant of Post-Traumatic Stress Disorder, which she has termed "Legal Abuse Syndrome." The condition derives from the abusive and protracted litigation that many plaintiffs commonly encounter in the courts.   

Mark Cardilli Jr. Case / The Churchhill Connections

In March of 2019, Mark Cardilli Jr. shot and killed Isahak Muse. The Somali community was upset it took almost one week for an arrest to be made. After a bench trial, Cardilli was found guilty of manslaughter in the shooting of his younger sister's boyfriend in their parents' home; and he was sentenced to 7.5 years on December 27, 2019.

State of Maine v. Mark Cardilli Jr.

But did Cardilli act in self-defense... afraid he and his family would be harmed by a man who was intoxicated, refusing to leave, and who was not supposed to be in the Cardilli home in the first place? 

The presiding judge was Justice Nancy Mills, who is the governor's sister. Cardilli appealed, and after a post-conviction review, including testimony from experts on self-defense, Superior Court Justice John O'Neil ordered a new trial for Cardilli, who hadn't had effective counsel.

8-22-23 Order on Post-Conviction Review

However, the State of Maine appealed that decision to the Maine Supreme Court, and it vacated the judgement, meaning Cardilli won't get a post conviction review. 

4-11-24 Mark Cardilli Jr. v. State of Maine

You might recognize the name of one of Cardilli's attorneys: Sarah Churchhill. She was later appointed to be a judge in Androscoggin County Superior Court, and realeased a dangerous man on $1500 bail. He ended up in a stand off in Auburn on Father's Day weekend and was shot and killed. Two homes were burned and inside one, a body was found. 

Governor Mills didn't agree with Churchhill's release of Leein Hinckley. From this Sun Journal story:

“In my view, given the severity of the charges, the defendant’s criminal history and the serious danger he posed, these important, competing interests were not properly balanced in this case,” Mills wrote.

The governor said the judge could've appointed an attorney to Leein Hinkley. Doesn't Governor Mills know there's a lack of attorney's in Maine? The ACLU filed a lawsuit 2.5 years ago against the MCILS (Maine Commission on Indigent Legal Services): 

Robbins v. MCILS

Maine's attorney general, Aaron Frey, was added as a defendant, but recently dismissed from the lawsuit. However, the State of Maine was added as a defendant; so exactly what is going on? The name of the Commission has been changed to MCPDS (Maine Commission on Public Defense Services). Oh geez, I just looked at the list of the Commission members, and former members at their website...and one of them was Sarah Churchhill. 

Maine Commission on Public Defense Services

Can wealth buy freedom?

Bill Gates is not dead... Mike Lynch might be, he's missing after his yacht sank. And two days later, his co-defendant Stephen Chamberlain, was hit by a vehicle while running and died. According to this story:

"He and Lynch were both facing up to two decades behind bars if they were convicted of numerous fraud charges linked to the sale of Autonomy to Hewlett-Packard for $11billion (£8.64billion) back in 2011."

Quoting from the story they were "accused of scheming to inflate the company's value before it was sold"... like what Donald Trump did and got convicted of in New York. Lynch and Chamberlain were acquitted by a San Francisco jury in June of 2024. The story also said this:

"The businessman, who was facing up to two decades behind bars if convicted, said he was 'elated' after being cleared of the charges, but told the BBC he only managed it because of his staggering wealth."

Man arrested in Auburn for assaulting teen, robbery, drugs - released!

Read the story here! 

He was taken to the Androscoggin County Jail with his bail set at $10,000. “Jolicoeur posted bail and has since been released from jail,” said police.

 

Justice Harold Stewart - no steward of justice

From the story Former Maine Fire Chief pleads to reduced charges in fraud case: 

He had been charged with forgery, theft, and aggravated criminal invasion of computer privacy, all of which are felonies. But those charges were dismissed as part of a plea agreement he reached with the Hancock County District Attorney’s Office.

The town of Gouldsboro didn't fire Tatum McLean; he resigned and was hired by the town of Winter Harbor last fall, but was soon fired when they learned of the charges. I'm not surprised that he got no jail time. The plea was accepted by Justice Harold (Hal) Stewart II. 

Stewart presided over one of my cases in Aroostook County after Justice Hunter had it for about three years before he retired in 2016. Stewart practiced law in Presque Isle, and so did the defendants' lawyer, Norman Trask. 

In a letter to me, before Stewart became a judge, Attorney Trask recommended him and another attorney for mediation; I didn't make the connection until a little while after he'd been presiding over the case. Because the Maine Human Rights Commission had already investigated my complaint, I wasn't required to mediate. And, because the defendants showed no interest in settling, I chose not to.  

As the deadline to file my request for discovery approached, I was anxious; I had no lawyer and no idea how to do it. Then, Attorney Trask sent me discovery requests, which I answered...and used as a guide to write mine. 

To prove that I received less of the pooled tips than other waitresses, I needed the paystubs of waitresses who had worked the same shifts I had. I requested it, but the defendants didn't provide it. I immediately requested a hearing on the discovery dispute, asking for it in open court...then handwriting it while sitting on a bench outside the courtroom. I filed it, and hand delivered a court-stamped copy to Attorney Trask's office that same day. 

We were a few years into the case when Attorney Trask claimed I had missed a deadline to file the complaint; however, Judge Hunter had already addressed the issue in my favor at the onset of the case! I had asked for a little leniency because I was working long hours...the deadline had come during potato harvest. Despite Hunter's previous ruling, Stewart dismissed my complaint...then called my request for the discovery hearing "moot." 

Before filing a complaint in Superior Court of Aroostook County in 2013, I was required to file one with the Maine Human Rights Commission, I had blown the whistle on my employer regarding unpaid hours and the unequal distribution of pooled tips! Whistleblowers are a class which the MHRC is supposed to protect. The Commission investigated and found No Reasonable Grounds (NRG) to believe that discrimination had occurred. 

The Commission dismisses 95% of complaints they receive, and very rarely assist complainants. Just click on any pdf file in the meeting minutes at their website and scroll down to the end. You'll see that nearly almost all cases end in a finding of NRG...that is in favor of the respondent, against the complainant. 

11-10-23 Interview with Maine Commissioner of Prisons Randall Liberty

Patrisha McLean interviews the Maine Commissioner of Prisons, Randall Liberty.   

At 34:30 he says bail shouldn't be based on someone's wealth, but on the threat level.

The address for Shane in case anyone wants to write him:

Shane Michaud # 72847
807 Cushing Road, 
Warren, Maine 04864-4600

You can deposit funds for commissary. You need an inmate's MDOC # and date of birth in order to send it. 

Shane's info is MDOC #72847 and D.O.B. 9-24-88. 

There are certain rules to follow if you write, like no colored paper. Only blue or black ink, etc... click here for the rules first.  

The rules for visiting are there too. Shane calls me about once a week. He gets a free 5 minute phone call. Why they don't allow prisoners more phone time is... well it's criminal! Hearing from family and friends is important to rehabilitation and to prisoners' morale.