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1 STATE OF MAINE KENNEBEC, SS. STATE OF MAINE SUPERIOR COURT CRIMINAL ACTION D9cket No. CR v C;t),!<elJ I/U/: v. DECISION JASON H. LOMBARDO, Defendant Defendant has moved to suppress statements made by him while he was in custody and prior to being Mirandized. The evidence on State's #1, a DVD of Mr. Lombardo at the police station, reveals that for most of the pre-miranda period, neither Mr. Lombardo nor the officer booking him said anything at all. There are long, silent pauses while the officer types information into his computer. The officer did ask for addresses, an update on tattoos, marital status, occupation, and girlfriend's name and number (she was coming to pick Mr. Lombardo up), but those are obviously standard booking questions not requiring a Miranda warning. After learning what specific charges were under consideration, the officer informed Mr. Lombardo without asking him any questions. When Mr. Lombardo speculated that the charges were felonies, the officer said, "Yes." When Mr. Lombardo asked why he was being charged with conspiracy, the officer explained that he did not know, that it was not his case, and that Mr. Lombardo would have to be patient and wait for the detectives, who would answer all of Mr. Lombardo's questions. That is the opposite of an interrogation.
2 At one point, Mr. Lombardo started bemoaning his association with "bikers." He said he knew who the police were looking for. He said he would do the right thing as long as the police protected his daughter. The officer basically said nothing and continued to type into the computer. Once again, this is not an interrogation. Early in the booking process, the officer asked Mr. Lombardo if he was feeling okay, and Mr. Lombardo responded that he was not guilty and that he should have stayed away from bad people. Also, when Mr. Lombardo was lamenting his fate, the officer said something to the effect that you have a voice on your shoulder telling you what to do. Then he asked about tattoos. That was as close as the officer got to asking questions or making a statement designed to elicit a response. Having watched the DVD, I am satisfied that these remarks did not come close to being an interrogation. There was no need to administer the Miranda warnings until the detectives arrived. When the detectives arrived they immediately and properly informed Mr. Lombardo of his rights. The clerk will make the following docket entry by reference. Defendant Jason Lombardo's motion to suppress is denied in all respects. vl..j3~ William S. Brodrick Justice, Superior Court 2
3 STATE OF MAINE SUPERIOR COURT vs KENNEBEC, ss. Docket No 69 LONG COVE RD SAINT GEORGE ME DOB: OS/20/1971 Attorney: KEVIN SULLIVAN KEVIN P. SULLIVAN, ESQ P.A. 21 WESTERN AVENUE SUITE 101 AUGUSTA ME APPOINTED 04/27/2010 State's Attorney: EVERT FOWLE Charge(s) 1 AGGRAVATED TRAFFICKING OF SCHEDULE W DRUG 11/23/2009 WATERVILLE Seq A 1105-A(1) (E) (1) Class A 2 CRIMINAL CONSPIRACY 06/25/2009 WATERVILLE Seq A 151 (1) (B) Class B Charged with COMPLAINT on Suppleme Docket Events: 11/30/2009 FILING DOCUMENT - CASH BAIL BOND FILED ON 11/23/ /30/2009 Charge(s): 1 HEARING - INITIAL APPEARANCE SCHEDULED FOR 8:30 NOTICE TO PARTIES/COUNSEL 11/30/2009 BAIL BOND - $1, CASH BAIL BOND FILED ON 11/23/2009 Bail Receipt Type: CR Bail Amt: $1,000 Receipt Type: CK Prvdr Name: Rtrn Name: 12/04/2009 Party(s) : ATTORNEY - RETAINED ENTERED ON 12/04/ /21/2010 Charge(s): 1,2 SUPPLEMENTAL FILING - COMPLAINT FILED ON 01/21/ /21/2010 BAIL BOND - $25, UNSECURED BAIL BOND FILED ON 01/21/2010 Bail Amt: $25,000 01/21/2010 BAIL BOND - UNSECURED BAIL BOND BAIL RELEASED ON 01/21/ /21/2010 BAIL BOND - UNSECURED BAIL BOND RELEASE ACKNOWLEDGED ON 01/21/2010 Page 1 of 5 Printed on: 06/11/2010
4 01/26/2010 BAIL BOND - CASH BAIL BOND CONTINUED AS POSTED ON 01/26/2010 DONALD H MARDEN, JUSTICE 01/26/2010 Charge (s): 1 HEARING - INITIAL APPEARANCE HELD ON 01/26/2010 DONALD H MARDEN, JUSTICE Reporter: TAMMY DROUIN 01/26/2010 Charge(s): 1,2 HEARING - STATUS CONFERENCE SCHEDULED FOR 10:00 01/26/2010 Charge(s): 1,2 PLEA - NO ANSWER ENTERED BY DEFENDANT ON 01/26/ /27/2010 Charge (s): 1,2 HEARING - STATUS CONFERENCE NOTICE SENT ON 01/26/ /23/2010 Charge(s): 1,2 HEARING - STATUS CONFERENCE HELD ON 03/23/2010 JOHN NIVISON, JUSTICE DA: BRAD GRANT ER 03/23/2010 HEARING - STATUS CONFERENCE SCHEDULED FOR 10:00 03/23/2010 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 03/23/ /24/2010 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 03/23/2010 COpy TO PARTIES/COUNSEL 03/24/2010 MOTION - MOTION FOR WITHDRAWAL OF CNSL MADE ORALLY BY DEF ON 03/23/ /24/2010 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 03/23/2010 JOHN NIVISON, JUSTICE 03/24/2010 Party(s): ATTORNEY - WITHDRAWN ORDERED ON 03/23/ /24/2010 Party(s) : ATTORNEY - PARTIALLY INDIGENT ORDERED ON 03/23/2010 Attorney: JAMES BILLINGS 03/24/2010 HEARING - STATUS CONFERENCE NOTICE SENT ON 03/24/ /25/2010 HEARING - STATUS CONFERENCE NOT HELD ON 03/25/ /25/2010 Charge (s): 1,2 SUPPLEMENTAL FILING - INDICTMENT FILED ON 03/25/ /25/2010 Charge(s): 1,2 HEARING - ARRAIGNMENT SCHEDULED FOR 8:30 03/25/2010 Charge(s): 1,2 Page 2 of 5 Printed on: 06/11/2010
5 HEARING - ARRAIGNMENT NOTICE SENT ON 04/09/ /30/2010 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 03/30/ /31/2010 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 03/31/ /31/2010 Party(s): ATTORNEY - WITHDRAWN ORDERED ON 03/31/2010 Attorney: JAMES BILLINGS 03/31/2010 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 03/31/ /05/2010 Party(s): ATTORNEY - RETAINED ENTERED ON 12/04/ /07/2010 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 04/06/ /09/2010 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 04/07/ /09/2010 Party(s): ATTORNEY - WITHDRAWN ORDERED ON 04/07/ /09/2010 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 04/07/ /09/2010 Party(s): ATTORNEY - APPOINTED ORDERED ON 04/07/2010 Attorney: LISA WHITTIER 04/12/2010 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 04/12/ /27/2010 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 04/27/2010 COpy TO PARTIES/COUNSEL 04/27/2010 Party(s): ATTORNEY - WITHDRAWN ORDERED ON 04/27/2010 Attorney: LISA WHITTIER 04/27/2010 Party(s): ATTORNEY - APPOINTED ORDERED ON 04/27/2010 Attorney: KEVIN SULLIVAN 04/27/2010 Charge (s): 1,2 HEARING - ARRAIGNMENT HELD ON 04/27/2010 READING WAIVED. DEFENDANT INFORMED OF CHARGES. COPY OF INDICTMENT/INFORMATION GIVEN TO Page 3 of 5 Printed on: 06/11/2010
6 DEFENDANT. 21 DAYS TO FILE MOTIONS 04/27/2010 Charge(s): 1,2 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 04/27/ /27/2010 Charge(s): 1,2 TRIAL - DOCKET CALL SCHEDULED FOR 2:00 05/18/2010 Charge(s): 1,2 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 05/14/ /18/2010 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 2:00 05/18/2010 NOTICE HEARING TO - PARTIES/COUNSEL MOTION TO SUPPRESS NOTICE SENT ON 05/18/ /18/2010 Charge(s): 1,2 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 05/14/ /18/2010 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 2:00 05/18/2010 NOTICE HEARING TO - PARTIES/COUNSEL MOTION FOR DISCOVERY NOTICE SENT ON 05/18/2010 OS/27/2010 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON OS/26/2010 OS/27/2010 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 2:00 06/02/2010 NOTICE TO PARTIES/COUNSEL MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 06/02/ /07/2010 MOTION - MOTION TO CONTINUE DENIED ON 06/07/ /09/2010 Charge(s): 1,2 MOTION - MOTION TO DISMISS FILED BY DEFENDANT ON 06/09/ /09/2010 Charge(s): HEARING - 1,2 MOTION TO DISMISS SCHEDULED FOR 10:00 NOTICE TO PARTIES/COUNSEL 06/10/2010 HEARING - MOTION TO SUPPRESS HELD ON 06/10/2010 Attorney: KEVIN SULLIVAN DA: JAMES MITCHELL 06/10/2010 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 06/10/2010 HEARING - MOTION TO DISMISS NOT HELD ON 06/10/2010 MOTION - MOTION TO DISMISS MOOT ON 06/10/2010 Page 4 of 5 Printed on: 06/11/2010
7 06/10/2010 HEARING - MOTION TO SUPPRESS CONTINUED ON 06/09/2010, 06/10/2010 HEARING - MOTION FOR DISCOVERY HELD ON 06/10/ /10/2010 Charge (s): 1,2 MOTION - MOTION FOR DISCOVERY MOOT ON 06/10/2010 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 06/10/2010 TRIAL - DOCKET CALL HELD ON 06/09/2010 MOTION - MOTION TO CONTINUE MADE ORALLY BY DEF ON 06/10/2010 MOTION - MOTION TO CONTINUE GRANTED ON 06/10/2010 TRIAL - DOCKET CALL SCHEDULED FOR 07/07/ /11/ /11/2010 MOTION WILLIAM COPY TO ORDER - MOTION TO SUPPRESS DENIED ON 06/11/2010 BRODRICK, JUSTICE PARTIES/COUNSEL COURT ORDER FILED ON 06/11/2010 DEFENDANT JASON LOMBARDO'S MOTION TO SUPPRESS IS DENIED IN ALL RESPECTS A TRUE COPY ATTEST: Clerk Page 5 of 5 Printed on: 06/11/2010
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