State of Maine v. Bell

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