The opinion
STATE OF MAINE UNIFIED CRIMINAL COURT
CUMBERLAND, ss. . .,~~ otf.'"0 PORTLAND
:o;~o..-""1-r
c,e.1v.:•s Docket No. CR-2017-3236
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STATE OF MAINE c.~'j x.,t? 1. 'J G Q
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v. ),o~C ORDER ON THE STATE OF MAINE'S
) l:' MOTTON FOR EXTENSION OF TIME AND
CHRISTOPHER SHEPARD ) DEFENDANT'S MOTION TO DISMISS
)
Defendant )
Before the Court is the State of Maine's Motion to Continue and the Defendant
Christopher Shepard's Motion to Dismiss the indictment with prejudice pursuant to M.R.
Crim. P. 48 and 34-A M.R.S. § 9603. Defendant argues that the State has unnecessarily
delayed bringing the defendant to trial.
Background
On June 9, 2017, the defendant was indicted on three counts of Gross Sexual Assault,
Class A, and one count of Sexual Misconduct with a Child, Class C. An arrest warrant for the
defendant was issued on June 28, 2017. Thereafter, the defendant plead guilty in federal
court to violation of 18 U.S.C. § 2252A(a)(S)(B) and was sentenced to 180 months of
imprisonment. The defendant was incarcerated in New York. On June 14, 2018, the State
issued a detainer on the defendant under the Interstate Agreement on Detainers. 18 U.S.C.
App.§ 2. On February 12, 2020, the defendant answered the detainer and filed a transfer
request to be brought to Maine to answer to the charges.
On March 13, 2020, the Maine Judicial Branch announced that due to COVID-19, the
criminal docket was postponed until May 1, 2020, and that no criminal or civil jury trials
would be held until after May 1, 2020. Emergency Order and Notice from the Maine Supreme
Judicial Court Courthouse Safety and Coronavirus (COVID-19), March 13, 2020, amended
March 18, 2020. On March 31, 2020 and on April 29, 2020, the Governor issued an executive
stay at home order through May 31, 2020. Executive Order 28 FY 19/20. Executive orders
also implemented restrictions and limitations on out-of-state travel. See, e.g. Executive
Orders 28, 34 FY 19/20. The Judicial Branch introduced phased plans to re-open through
Entered on the Docket: 1--is--~
the Judicial Branch's Phased Management Plan issued on May 27, 2020, but indicated the
courts would not try criminal matters by jury until September 7, 2020, at the earliest. Covid
19 Phased Management Plan (May 27, 2020) (The Phased Management Plan was revised July
2, 2020, July 31, 2020, and August 28, 2020 further extending the date on which the courts
may begin holding criminal jury trials.)
The defendant was transferred into Maine on or about July 16, 2020, and the court
scheduled a dispositional conference on August 11, 2020. At the dispositional conference,
the court (J. McKean) asked the parties to submit briefs on the matter. The state filed a
motion for extension of time on August 11, 2020.
Discussion
Pursuant to the Interstate Compact on Detainers, once the defendant's answer to the
detainer is received by the state, the state has 180 days to commence trial. 34-A M.R.S.A. §§
9603 (2020). The court may grant "any necessary or reasonable continuance" of the 180-day
limit. Id. Additionally, the 180-day period "shall be tolled whenever and for as long as the
prisoner is unable to stand trial." 34-A M.R.S.A. § 9606 (2020). In interpreting this statute, a
defendant is unable to stand trial during "all those periods of delay occasioned by the
defendant." State v. Rose, 604 A.2d 24, 25 (Me.1992) (quoting United States v. Taylor, 861
F.2d 316,321 (1st Cir. 1988)). In the case at bar, the state contends it had until August 12,
2020, to commence trial, and trial was not commenced before August 12, 2020, and has not
yet commenced.
The defendant argues that because the delay is not occasioned by the defendant, the
charges against the defendant should be dismissed with prejudice, as the state has failed to
commence trial within 180 days. Defendant cites cases from other jurisdictions that show
the court or prosecutor's delay in bringing a case to trial under the Interstate Agreement on
Detainers. See State v. Brown, 157 N.H. 555, 557-58 (2008); Nelms v. State, 532 S.W.2d 923,
927-28 (1976). Here, however, the delay was occasioned by the global COVID-19 pandemic,
which is beyond the control of all parties, and the court. On March 13, 2020, the criminal
docket was postponed and criminal jury trials have since been delayed until November 7,
2020, at the earliest. Phased Management Plan (August 28, 2020).
The defendant's argument that "the State and court simpl[y] failed to understand the
importance" of prioritizing the defendant's case under the Interstate Compact on Detainers
2
does highlight that the state did not file for a continuance until after the dispositional
conference on August 11, 2020. The COVID-19 pandemic is not a free pass for the state to
disregard statutory time limits on filing cases. However, where the State was unable to bring
the defendant to trial because the courts had delayed all criminal jury trials by emergency
orders, the delay is reasonable and necessary. Because the delay is not occasioned by the
defendant, the 180-day period is not tolled pursuant to 34-A M.R.S.A. § 9606. Rather, the
circumstances of a global pandemic justify a continuance for good cause under 34-A M.R.S.A.
§ 9603, rather than the "harsh remedy" of a dismissal of charges. See New York v. Hill, 528
U.S. 110, 118, 120 S. Ct. 659,666 (2000).
The Court finds the request for a continuance is necessary and for good cause. For the
foregoing reasons, the State's motion for extension of time is GRANTED and the defendant's
motion to dismiss is DENIED.
DATED: J 5 $,(f )__b ~ D
Jed J. rench
Jud , Unified Criminal Court
3
CHRISTOPHER SHEPARD
CUMCD-CR-2017-03236
DOCKET RECORD
07/21/2020 MARY GAY KENNEDY , JUSTICE
NO CONTACT WITH ANY CHILDREN UNDER AGE OF 16.
07/21/2020 BAIL BOND - CASH BAIL BOND COND RELEASE ISSUED ON 07/17/2020
MARY GAY KENNEDY , JUSTICE
07/21/2020 HEARING - DISPOSITIONAL CONFERENCE SCHEDULE OTHER COURT ON 08/11/2020 at 03:30 p.m. in Room No. 7
PORSC
07/21/2020 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ELECTRONICALLY ON 07/21/2020
07/21/2020 Party(s): CHRISTOPHER SHEPARD
AITORNEY - APPOINTED ORDERED ON 07/17/2020
Attorney: ROBERT ANDREWS
08/10/2020 NOTE - OTHER CASE NOTE ENTERED ON 08/10/2020
JIM PAUL TURCOITE, ASSISTANT CLERK
PARTIES GIVEN INCORRECT NOTICE - RESET TIME FROM 1 TO 3:30 AND RESENT PHONE DC INFORMATION.
08/14/2020 HEARING - DISPOSITIONAL CONFERENCE HELD ON 08/11/2020
THOMAS MCKEON , JUSTICE
Attorney: ROBERT ANDREWS
DA: ANGELA CANNON
PENDING MOTION- SET FOR MOTION HEARING
08/14/2020 MOTION - MOTION FOR EXTENSION OF TIME FILED BY STATE ON 08/11/2020
DA: ANGELA CANNON
MTN TO EXT TIME UNDER THE INTERSTATE AGREEMENT ON DET AINERS
08/14/2020 HEARING - MOTION FOR EXTENSION OF TIME SCHEDULE OTHER COURT ON 09/01/2020 at 01 :00 p.m. in Room No. 1
PORSC
08/14/2020 HEARING - MOTION FOR EXTENSION OF TIME NOTICE SENT ELECTRONICALLY ON 08/14/2020
08/24/2020 OTHER FILING - OTHER DOCUMENT FILED ON 08/21/2020
DA: ANGELA CANNON
ARUGUMENT FOR EXTENSION OF THE TIME UNDER THE INTERSTATE AGREEMENT ON DETAINERS
09/01/2020 OTHER FILING - OTHER DOCUMENT FILED ON 09/01/2020
Attorney: ROBERT ANDREWS
MEMORANDUM IN OPPOSITION TO STATES MOTION TO CONTINUE AND MOTION TO DISMISS
9-25-20: MOTION TO DISMISS DENIED PER ORDER BY JUDGE FRENCH
09/15/2020 MOTION - MOTION FOR EXTENSION OF TIME UNDER ADVISEMENT ON 09/01/2020
JED FRENCH ,JUDGE
09/15/2020 HEARING - MOTION FOR EXTENSION OF TIME HELD ON 09/01/2020
JED FRENCH , JUDGE
Attorney: ROBERT ANDREWS
DA: ANGELA CANNON
Defendant Present in Court
FTR 1
09/25/2020 MOTION - MOTION FOR EXTENSION OF TIME GRANTED ON 09/25/2020
JED FRENCH , JUDGE
COPY TO PARTIES/COUNSEL
09/25/2020 ORDER - COURT ORDER FILED ON 09/25/2020
CR-200 Page 2 of 3 Printed on: 09/25/2020
CHRISTOPHER SHEPARD
CUMCD-CR-2017-03236
DOCKET RECORD
JED FRENCH , JUDGE
ORDER ON STATE'S MOTION FOR EXTENSION OF TIME IS GRANTED AND THE DEFENDANT'S MOTION TO
DISMISS IS DENIED.
09/25/2020 ORDER - COURT ORDER ENTERED ON 09/25/2020
~~~. ~-~ Clerk
CR-200 Page 3 of 3 Printed on: 09/25/2020
STATE OF MAINE CRIMINAL DOCKET
vs CUMBERLAND, ss.
CHRISTOPHER SHEPARD Docket No CUMCD-CR-2017-03236
71 RUST ROAD
GORHAM ME 04038 DOCKET RECORD
DOB: 02/02/1986
Attorney: ROBERT ANDREWS State's Attorney: STEPHANIE ANDERSON
THE LAW OFFICE OF ROBERT C ANDREWS
tiiR/OIJURN STREET, SUITE 201
PORTLAND ME 04103
APPOINTED 07/17/2020
Filing Document: INDICTMENT Major Case Type: FELONY (CLASS A,B,C)
Filing Date: 06/09/2017
Charge(s)
I GROSS SEXUAL ASSAULT 02/01/2015 GORHAM
Seq 10932 17-A 253(l)(C) Class A
YOUNG GOR
2 GROSS SEXUAL ASSAULT 02/01/2015 GORHAM
Seq 10932 17-A 253(1)(C) Class A
YOUNG GOR
3 GROSS SEXUAL ASSAULT 02/01/2015 GORHAM
Seq 10932 17-A 253(1)(C) Class A
YOUNG I GOR
4 SEXUAL MISCONDUCT WITH A CHILD UNDER 12 YEARS 02/01/2015 GORHAM
Seq 10937 17-A 258(1-A) Class C
YOUNG GOR
Docket Events:
06/13/2017 FILING DOCUMENT- INDICTMENT FILED ON 06/09/2017
06/14/2017 Charge(s): 1,2,3,4
WARRANT- $50,000.00 ON COMP/INDICTMENT ORDERED ON 06/09/2017
THOMAS D WARREN , JUSTICE
NO CONTACT WITH VICTIM DOB 10 10 2006 OR ANY CHILD UNDER 18 YOA
BAIL TO PORTLAND SUPERIOR COURT
06/14/2017 Charge(s): 1,2,3,4
WARRANT- $50,000.00 ON COMP/INDICTMENT ISSUED ON 06/14/2017
NO CONTACT WITH VICTIM DOB 10 10 2006 OR ANY CHILD UNDER 18 YOA
BAIL TO PORTLAND SUPERIOR COURT
06/17/2020 OTHER FILING - OTHER DOCUMENT FILED ON 06/15/2020
AGREEMENT ON DETAINERS: FORM VI
07/17/2020 Charge(s): I ,2,3,4
WARRANT - ON COMP/INDICTMENT EXECUTED BY AGENCY ON 07/17/2020 at 09:30 a.m.
07/21/2020 Charge(s): 1,2,3,4
HEARING - ARRAIGNMENT HELD ON 07/17/2020 in Room No.
MARY GAY KENNEDY , JUSTICE
DA: KEVIN MOYNIHAN
DEFENDANT INFORMED OF CHARGES.
07/21/2020 Charge(s): 1,2,3,4
PLEA- NOT GUILTY ENTERED BY DEFENDANT ON 07/17/2020
BAIL BOND - $50,000.00 CASH BAIL BOND SET BY COURT ON 07/17/2020
CR-200 Page 1 of 3 Printed on: 09/25/2020