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