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STATE OF MAINE v. JESS BEASLEY

William S. Brodrick

DECISION

Defendant, Jess Beasley, seeks to suppress a recorded phone call on the grounds that he did not consent to have the call recorded in Massachusetts, where he was residing at the time he received the call. Massachusetts is a so-called "two party" state whereas Maine is a so-called "one party" state.

Paige Sawyer, the alleged victim in this case, made the reocrded call at the request of a Portland police detective. During the call Mr. Beasley made incriminating statements. He also stated that he was worried that the call was being recorded.

The stipulated facts reveal that the Portland police were aware at the time of the call that Mr. Beasley was likely living with his mother in Martha's Vineyard. However, the stipulated facts do not indicate where Mr. Beasley was domiciled. His cell phone still used a Maine area code. Also, at the time of the rape and assault, Mr. Beasley had been living in Portland. Ms. Sawyer lived in Maine at the time of the crime and at the time of the call.

Although not precisely on point, the logic of State v. Lipham is persuasive. Lipham states that in determining choice of law issues, the law of the state with the most significant relationship to the recorded conversation prevails.

Here, as in Lipham, the communication was initiated in Maine and recorded in Maine. The communication concerned felonies committed in Maine and concerned two persons who at the time of the crimes were both residents of Maine. Furthermore, the case will be tried in Maine. The fact that Mr. Beasley was staying with his mother in Massachusetts, in the absence of any evidence that he had changed his domicile to Massachusetts, does not begin to outweigh the facts that favor Maine law. Finally, according to the discovery, Mr. Beasley was aware of the danger of having the call recorded. He cannot argue that he was somehow duped into making incriminating statements by his reliance on the Massachusetts "two party" consent law in regard to recorded calls.

For the above stated reasons, the clerk will make the following entry on the docket by reference.

Defendant Jess Beasley's motion to suppress is denied in all respects.

___________


William S. Brodrick


Active-Retired Justice, Superior Court
STATE OF MAINE


vs
JESS B BEASLEY
148 CLARK STREET #3
PORTLAND ME 04102
CRIMINAL DOCKET
CUMBERLAND, SS.
Docket No CUMCD-CR-2013-00694








DOCKET RECORD

DOB: 01/20/1989
Attorney: ROBERT RUFFNER


ROBERT J RUFFNER ATTORNY AT LAW


RETAINED 05/20/2013
State's Attorney: STEPHANIE ANDERSON Filing Document: CRIMINAL COMPLAINT
Filing Date: 01/31/2013
Major Case Type: FELONY (CLASS A,B,C)



Charge(s)

1 GROSS SEXUAL ASSAULT 09/15/2012 PORTLAND
Seq 4262 17-A 253(1)(A) Class A


SWEATT / POR

2 AGGRAVATED ASSAULT 09/15/2012 PORTLAND
Seq 633 17-A 208(1)(C) Class B


SWEATT / POR

3 DOMESTIC VIOLENCE CRIMINAL THREATENING, 09/15/2012 PORTLAND


WITH A DANGEROUS WEAPON

Seq 11290 17-A 209-A(1)(A) Class C


SWEATT / POR

4 DOMESTIC VIOLENCE TERRORIZING 09/15/2012 PORTLAND
Seq 11294 17-A 210-B(1)(A) Class D


SWEATT / POR


Docket Events:


01/31/2013


FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON 01/31/2013

01/31/2013

Charge(s): 1,2,3,4

WARRANT - ON AFFIDAVIT REQUESTED ON 01/31/2013

01/31/2013

Charge(s): 1,2,3,4

WARRANT - $50,000.00 ON AFFIDAVIT ORDERED ON 01/31/2013

RICHARD MULHERN , JUDGE

$50,000. CASH - NO CONTACT, DIRECT/INDIRECT, W/ PAIGE SAWYER DOB: 03/30/93; SHALL NOT ENTER OR GO UPON PREMISES OF ANY RESIDENCE/PLACE OF EMPLOYMENT/PLACE OF EDUCATION OF SAME; NO USE/POSS OF ILLEGAL DRUGS/DANGEROUS WEAPONS AND SUBMIT TO RANDOM SEARCH/TESTING FOR SAME.

01/31/2013

Charge(s): 1,2,3,4

WARRANT - $50,000.00 ON AFFIDAVIT ISSUED ON 01/31/2013

$50,000. CASH - NO CONTACT, DIRECT/INDIRECT, W/ PAIGE SAWYER DOB: 03/30/93; SHALL NOT ENTER OR GO UPON PREMISES OF ANY RESIDENCE/PLACE OF EMPLOYMENT/PLACE OF EDUCATION OF SAME; NO USE/POSS OF ILLEGAL DRUGS/DANGEROUS WEAPONS AND SUBMIT TO RANDOM SEARCH/TESTING FOR

SAME.



01/31/2013

Charge(s): 1,2,3,4

WARRANT - ON AFFIDAVIT MODIFY ACKNOWLEDGED ON 01/31/2013 at 11:21 a.m.

03/06/2013

Charge(s): 1,2,3,4

WARRANT - ON AFFIDAVIT EXECUTED BY AGENCY ON 03/06/2013 at 05:40 p.m.

03/07/2013

WARRANT - $50,000.00 ON AFFIDAVIT ORDERED ON 03/07/2013

$50,000.00 CASH-NO CONTACT, DIRECT /INDIRECT W/PAIGE SWAYER DOB 3/3 0/93; SHAL NOT ENTER OR GO UPON PREMISES OF AN RESIDENCE/PLACE OF EMPLOYMENT/PLACE OF EDUCATION OF SAME; NO USE/POSS. OF ILLEGAL DRUGS/DANGEROUS WEAPONS AND SUBMIT TO RANDOM SEACH AND TESTING FOR SAME .

03/07/2013

WARRANT - $50,000.00 ON AFFIDAVIT ISSUED ON 03/07/2013

$50,000.00 CASH-NO CONTACT, DIRECT /INDIRECT W/PAIGE SWAYER DOB 3/30/93; SHAL NOT ENTER OR GO UPON PREMISES OF AN RESIDENCE/PLACE OF EMPLOYMENT/PLACE OF EDUCATION OF SAME; NO USE/POSS. OF ILLEGAL DRUGS/DANGEROUS WEAPONS AND SUBMIT TO RANDOM SEACH AND TESTING FOR SAME.

03/07/2013

Charge(s): 1,2,3,4

SUPPLEMENTAL FILING - INDICTMENT FILED ON 03/07/2013

JAMES TURCOTTE , ASSISTANT CLERK

03/08/2013

WARRANT - ON AFFIDAVIT MODIFY ACKNOWLEDGED ON 03/08/2013 at 03:30 p.m.

03/18/2013

Party(s): JESS B BEASLEY

ATTORNEY - RETAINED ENTERED ON 03/18/2013



Attorney: DAVID BATE


03/18/2013


WARRANT - ON AFFIDAVIT EXECUTED BY AGENCY ON 03/18/2013 at 02:51 p.m.

03/21/2013

Charge (s) : 1,2,3,4

HEARING - ARRAIGNMENT HELD ON 03/20/2013

MARY KELLY , JUDGE

DA: JENNIFER ACKERMAN

DEFENDANT INFORMED OF CHARGES. 21 DAYS TO FILE MOTIONS TAPE #4827

03/21/2013

Charge(s): 1,2,3,4

PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 03/20/2013



Defendant Present in Court


03/21/2013


BAIL BOND - CASH BAIL BOND SET BY COURT ON 03/20/2013

MARY KELLY , JUDGE

50,000.SS/$10,000.CASH W/ MPS CONTRACT & CONDS.

03/21/2013

HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 05/22/2013 in Room No. 7

03/21/2013

TRIAL - JURY TRIAL SCHEDULED FOR 07/08/2013 at 08:30 a.m. in Room No. 11



NOTICE TO PARTIES/COUNSEL


04/03/2013


OTHER FILING - PRETRIAL SERVICES CONTRACT FILED ON 04/03/2013

04/04/2013

OTHER FILING - PRETRIAL SERVICES CONTRACT APPROVED ON 04/03/2013

ROLAND A COLE , JUSTICE

04/08/2013

BAIL BOND - $10,000.00 CASH BAIL BOND FILED ON 04/08/2013

Bail Receipt Type: CR

Bail Amt: $10,000



Date Bailed: 04/04/2013

Receipt Type: CK

Prvdr Name: BRIAN BEASLEY

Rtrn Name: BRIAN BEASLEY

3.7.45

837



** SEE ASSIGNMENT OF CASH BAIL


04/19/2013


MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 04/19/2013



UNOPPOSED MOTION TO CONTINUE 5/22 DISPO


04/22/2013


MOTION - MOTION TO CONTINUE GRANTED ON 04/22/2013

MARY KELLY , JUDGE

COPY TO PARTIES/COUNSEL

04/23/2013

HEARING - DISPOSITIONAL CONFERENCE CONTINUED ON 04/22/2013

MARY KELLY , JUDGE

04/23/2013

HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 05/29/2013 at 10:00 a.m. in Room No. 7

04/23/2013

HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 05/20/2013

05/03/2013

Charge(s): 1,2,3,4

MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 05/03/2013

05/06/2013

Charge(s): 1,2,3,4

MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 05/06/2013

ROLAND A COLE , JUSTICE

COPY TO PARTIES/COUNSEL

05/06/2013

Party(s): JESS B BEASLEY

ATTORNEY - WITHDRAWN ORDERED ON 05/06/2013



Attorney: DAVID BATE


05/20/2013


Party(s): JESS B BEASLEY

ATTORNEY - RETAINED ENTERED ON 05/20/2013



Attorney: ROBERT RUFFNER


05/20/2013


OTHER FILING - OTHER DOCUMENT FILED ON 05/20/2013



CASH BAIL ASSIGNMENT FILED


05/20/2013


NOTE - OTHER CASE NOTE ENTERED ON 05/20/2013

DEBBIE COOK , ASSISTANT CLERK

TIME CHANGED TO 10 AM DUE TO ATTORNEY RUFFNER'S APPEARANCE

05/29/2013

HEARING - DISPOSITIONAL CONFERENCE HELD ON 05/29/2013

RICHARD MULHERN , JUDGE

Attorney: ROBERT RUFFNER

DA: KATHERINE TIERNEY

NEEDS TO BE ARRAIGNED. MOTION AND TRIAL DATE MOVED.

05/29/2013

TRIAL - JURY TRIAL CONTINUED ON 05/29/2013

05/29/2013

TRIAL - JURY TRIAL SCHEDULED FOR 08/12/2013 at 08:30 a.m. in Room No. 11



NOTICE TO PARTIES/COUNSEL


05/30/2013


TRIAL - JURY TRIAL NOTICE SENT ON 05/30/2013

07/31/2013

Charge (s) : 1,2,3,4

MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 07/31/2013





NO OBJ BY STATE


07/31/2013


Charge(s): 1,2,3,4

MOTION - MOTION TO CONTINUE GRANTED ON 07/31/2013

THOMAS D WARREN , JUSTICE

COPY TO PARTIES/COUNSEL

07/31/2013

TRIAL - JURY TRIAL CONTINUED ON 07/31/2013

THOMAS D WARREN , JUSTICE

07/31/2013

Charge(s): 1,2,3,4

MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 07/31/2013

07/31/2013

Charge(s): 1,2,3,4

HEARING - MOTION TO SUPPRESS SCHEDULED FOR 08/27/2013 at 01:00 p.m. in Room No. 1



NOTICE TO PARTIES/COUNSEL


07/31/2013


Charge(s): 1,2,3,4

HEARING - MOTION TO SUPPRESS NOTICE SENT ON 07/31/2013

08/01/2013

TRIAL - JURY TRIAL SCHEDULED FOR 09/23/2013 at 08:30 a.m. in Room No. 11



NOTICE TO PARTIES/COUNSEL


08/27/2013


Charge(s): 1,2,3,4

HEARING - MOTION TO SUPPRESS HELD ON 08/27/2013

WILLIAM BRODRICK , JUSTICE

Attorney: ROBERT RUFFNER

DA: KATHERINE TIERNEY

Defendant Present in Court



TAPE 5247


08/27/2013


Charge(s): 1,2,3,4

MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 0 8/27/2013

WILLIAM BRODRICK , JUSTICE

08/27/2013

CASE STATUS - CASE FILE LOCATION ON 08/27/2013

DANIELLE MERRILL , ASSISTANT CLERK

WITH J. BRODRICK REGARDING MOTION TO SUPPRESS

09/04/2013

CASE STATUS - CASE FILE RETURNED ON 09/04/2013

09/04/2013

Charge(s): 1,2,3,4

MOTION - MOTION TO SUPPRESS DENIED ON 09/04/2013

WILLIAM BRODRICK , JUSTICE

COPY TO PARTIES/COUNSEL


A TRUE COPY
ATTEST: ___________


Clerk


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State v. Beasley
(Sep 4, 2013)