The opinion
STATE OF MAINE SUPERIOR COURT
CUMBERLAND, ss. Docket No. CUMUCD-CR-11-2060
"Ft - i '. ; "
STATE OF MAINE,
v. DECISION & ORDER
ROBERT BELL, JR.,
Defendant.
Defendant Robert Bell, Jr., has filed a petition contesting extradition to
North Carolina for the crime of murder.
North Carolina's application seeks the extradition of Robert Bell.
Petitioner produced evidence at hearing that he is Robert Bell, Jr. See
Defendant's Exhibits #1, 2 and 3. Because Mr. Bell has produced that evidence
the burden of proving by a preponderance that petitioner is the person sought to
be extradited shifts to the state.
To meet the burden the state of Maine has relied on North Carolina's
application. The application has attached to it identification information. That
information states that the person indicted for murder is black, has a date of birth
of 4/26/1972, is 5'9", weighs 260 pounds, has black hair and brown eyes. All of
those description details match the appearance of Robert Bell, Jr. the man who
was arrested on the fugitive from justice charge in Portland. One cannot be sure
of the weight from visual observation in court, but Robert Bell, Jr. is a heavyset
man.
Also, the affidavit attached to the North Carolina application refers
several times to Robert Bell as Robert Bell, Jr. More to the point, DNA material
secured at the murder scene on a towel that also contains the DNA of the victim
2
matches the DNA of a Robert Bell, Jr. who has the same date of birth as the
petitioner. Furthermore, DNA taken from the vagina of the victim matches the
DNA of a Robert Bell, Jr. who has the same date of birth as the petitioner. See
paragraph #4 of affidavit.
Mr. Bell relies on Bouchard v. Richardson, 427 A2d 490 (ME 1981).
Bouchard held that when the name of the person being extradited is slightly
different from the name in the application, the state cannot rely on identifying
information that is not attached to the application for extradition and that is
objected to by petitioner. In this case, Mr. Bell could not object to the state's
identifying information because it was all attached to the application for
extradition. Bouchard is not on point.
Mr. Bell's other objections do not merit discussion.
The clerk will make the following docket entry by reference.
Robert Bell, Jr.'s petition contesting extradition is denied. Robert Bell, Jr.
is ordered extradited to North Carolina. This order shall be carried out after
eight days unless Mr. Bell appeals.
DATED: July 1, 2011
William S. Brodrick
Justice, Superior Court, Active Retired
vs
ROBERT BELL Docket No CUMCD-CR-2011-02060
62 STATE STREET AfYf 3
PORTLAND ME 04101
DOCKET RECORD
DOB: 04126/1972
Attorney: NEALE DUFFETT State's Attorney: STEPHANIE ANDERSON
CLOUTIER BARRETT CLOUTIER & CONLEY
465 CONGRESS ST
PORTLAND ME 04101
APPOINTED 04/0612011
Filing Document: CRIMINAL COMPLAINT Major Case Type: FUGITIVE FROM JUSTICE
Filing Date: 04/06/2011
Charge(s)
I FUGITIVE FROM JUSTICE 04/0412011 PORTLAND
Seq 5739 15 213 Class U
GILL SCA
Docket Events:
04/0612011 FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON 04/06/2011
04/0612011 Charge(s): I
HEARING - INITIAL APPEARANCE SCHEDULED FOR 04/0612011 at 01:00 p.m. in Room No.
NOTICE TO PARTIES/COUNSEL
04/0812011 Charge(s): I
HEARING - INITIAL APPEARANCE HELD ON 04/0612011
THOMAS D WARREN. JUSTICE
04/0812011 BAIL BOND - NO BAIL ALLOWED SET BY COURT ON 04/0612011
THOMAS D WARREN. JUSTICE
04/0812011 HEARING - FUGITIVE FROM JUSTICE HEARING SCHEDULED FOR 05/05/2011 at 08:30 a.m. in Room No.7
NOTICE TO PARTIES/COUNSEL
04/08/2011 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 04/06/2011
04/08/2011 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 04/06/2011
THOMAS D WARREN. JUSTICE
COPY TO PARTIES/COUNSEL
04/0812011 Party(s): ROBERT BELL
ATTORNEY - APPOINTED ORDERED ON 04/06/2011
Attorney: NEALE DUFFETT
04/0812011 HEARING - FUGITIVE FROM JUSTICE HEARING NOTICE SENT ON 04/0812011
04/0812011 NOTE - OTHER CASE NOTE ENTERED ON 04/0812011
DEF IS CONTESTING EXTRADITION
04/08/2011 CASE STATUS - CASE FILE LOCATION ON 04/0812011
KATHY'S IN-CUSTODY BASKET
05/05/2011 HEARING - FUGITIVE FROM JUSTICE HEARING CONTINUED ON 05/0512011
JAMES TURCOTTE , ASSISTANT CLERK
BAD COURT DATE
05/05/2011 HEARING - FUGITIVE FROM JUSTICE HEARING SCHEDULED FOR 05/09/2011 at 08:30 a.m. in Room No.
NOTICE TO PARTIES/COUNSEL
Page I of 3 Printed on: 07/07/2011
ROBERT BELL
CUMCD-CR-20 11-02060
DOCKET RECORD
05/05/2011 HEARING - FUGITIVE FROM JUSTICE HEARING NOTICE SENT ON 05/05/2011
JAMES TURCOTTE. ASSISTANT CLERK
05/11/2011 HEARING - FUGITIVE FROM JUSTICE HEARING HELD ON 05/09/2011
JOYCE A WHEELER. JUSTICE
Attorney: NEALE DUFFETT
DA: MICHAEL MADIGAN
TAPE 2825
05/11/2011 Charge(s): I
HEARING - FUGITIVE FROM JUSTICE HEARING SCHEDULED FOR 06/06/2011 at 08:30 a.m. in Room No.
NOTICE TO PARTIES/COUNSEL
05/11/2011 Charge(s): I
HEARING - FUGITIVE FROM JUSTICE HEARING NOTICE SENT ON 05/11/2011
05/11/2011 BAIL BOND - NO BAIL ALLOWED SET BY COURT ON 05/09/2011
JOYCE A WHEELER. JUSTICE
05/31/2011 OTHER FILING - OTHER DOCUMENT FILED ON OS/27/2011
GOVERNOR'S WARRANT - STATE OF NORTH CAROLINA
06/09/2011 Charge(s): I
HEARING - FUGITIVE FROM JUSTICE HEARING CONTINUED ON 06/06/2011
WILLIAM BRODRICK, JUSTICE
06/09/2011 HEARING - FUGITIVE FROM JUSTICE HEARING SCHEDULED FOR 06/13/2011 at 08:30 a.m. in Room No.
NOTICE TO PARTIES/COUNSEL
06/20/2011 HEARING - FUGITIVE FROM JUSTICE HEARING CONTINUED ON 06/13/2011
WILLIAM BRODRICK. JUSTICE
Attorney: NEALE DUFFETT
06/20/2011 OTHER FILING - OTHER DOCUMENT FILED ON 06/1312011
Attorney: NEALE DUFFETT
DEFENSE PETITION CONTESTING EXTRADITION
06/20/2011 HEARING - FUGITIVE FROM JUSTICE HEARING SCHEDULED FOR 06/23/2011 at 01 :00 p.m. in Room No.8
NOTICE TO PARTIES/COUNSEL
0612012011 HEARING - FUGITIVE FROM JUSTICE HEARING NOTICE SENT ON 06/20/2011
0612312011 HEARING - FUGITIVE FROM JUSTICE HEARING CONTINUED ON 0612312011
WILLIAM BRODRICK. JUSTICE
Attorney: NEALE DUFFETT
DA: WILLIAM BARRY
Defendant Present in Court
SLV
0612312011 HEARING - FUGITIVE FROM JUSTICE HEARING SCHEDULED FOR 06/28/2011 at 01:00 p.m. in Room No.8
NOTICE TO PARTIES/COUNSEL
06/23/2011 HEARING - FUGITIVE FROM JUSTICE HEARING NOTICE SENT ON 06/23/2011
SLV
06/24/2011 OTHER FILING - OTHER DOCUMENT FILED ON 06/23/2011
Page 2 of 3 Printed on: 07/0712011
ROBERT BELL
CUMCD-CR-2011-02060
DOCKET RECORD
Attorney: NEALE DUFFETT
SUPPLEMENTAL MEMORANDUM OF LAW WITH ATTACHMENT A,B,C SLV
07/05/2011 ORDER - COURT ORDER ENTERED ON 07/01/2011
WILLIAM BRODRICK, JUSTICE
ROBERT BELL, JR'S PETITION CONTESTING EXTRADITION IS DENIED. ROBERT BELL, JR. IS ORDERED
EXTRADITED TO NORTH CAROLINA. THIS ORDER SHALL BE CARRIED OUT AFTER EIGHT DAYS UNLESS MR.
BELL APPEALS.
07/07/2011 Charge(s): 1
APPEAL - NOTICE OF APPEAL FILED ON 07/06/2011
TRICIA KELLEY , ASSISTANT CLERK-E
Attorney: NEALE DUFFETT
07/07/2011 MOTION - MOTION TO PREPARE TRANSCRIPT FILED BY DEFENDANT ON 07/06/2011
07/07/2011 Charge(s): I
APPEAL - NOTICE OF APPEAL SENT TO LA W COURT ON 07/07/2011
07/0712011 Charge(s): 1
APPEAL - NOTICE OF APPEAL SENT TO REPORTERIER ON 07/07/2011
07/07/2011 HEARING - FUGITIVE FROM JUSTICE HEARING HELD ON 06/28/2011
WILLIAM BRODRICK, JUSTICE
DA: WILLIAM BARRY
TP#2918; INDEX 4200-7148 TAKEN UNDER ADVISEMENT
A TRUE COPY
ATTEST: _
Clerk
Page 3 of 3 Printed on: 07/07/2011