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Friday, June 29, 2012

Judge refuses to throw out search warrant based on claims of MDEA agent’s drug use

ROCKLAND, Maine — A Superior Court judge has rejected the effort of an Appleton man to get a full hearing to challenge a search warrant that led to his arrest on felony marijuana trafficking charges.

Justice Jeffrey Hjelm issued an order last week in Knox County Superior Court that denies the request by 35-year-old Christian “Will” Neils for a full “Frank” hearing. A Frank hearing would have allowed Neils to challenge the warrant that was used on Sept. 21, 2010, to search his property. As a result of evidence found during that search, Neils was charged with aggravated trafficking and felony possession of more than one pound of marijuana.

Justice Hejlm ruled that the defense did not provide sufficient evidence to warrant a full hearing. A brief hearing was held March 28 in which Neils’ attorney Leonard Sharon of Auburn attempted to convince the judge that a full hearing should be granted to show that Maine Drug Enforcement Agency agent Kirk Guerrette was not a credible witness and that this should ultimately lead to the search warrant being voided.

Hjelm, however, disagreed in his order. He said the only evidence provided were affidavits filed by Sharon that refer to claims by others about Guerrette and his alleged excessive use of the sleep aid Ambien. The judge ruled that some of the information in Sharon’s filings were about Guerrette’s alleged Ambien use at a time that had no bearing on the September 2010 search.

http://bangordailynews.com/2012/06/25/news/judge-refuses-to-throw-out-search-warrant-based-on-claims-of-mdea-agents-drug-use/

Wednesday, June 27, 2012

Matinicus man arrested for pummeling man outside bar

ROCKLAND, Maine — A 31-year-old Matinicus Island man with a lengthy, violent criminal history is back behind bars after police say he beat a man outside a bar for no apparent reason.
Joshua S. Anthony remained at the Knox County Jail on Monday afternoon following his initial appearance in Rockland District Court for Class A aggravated assault.
According to an affidavit filed by Lt. Lawrence Hesseltine and Deputy James Moore of the Knox County Sheriff’s Office, Anthony beat the man outside the Sand Bar on Vinalhaven on Saturday night.

The 56-year-old victim reported that he had talked with Anthony inside the bar and there was no problem until Anthony warned the man that he would kill him if he went outside the bar, the affidavit stated.

The man went to the bar owner and asked her to call police.

The man left the bar and he was grabbed by Anthony who punched him more than 10 times, the affidavit stated. The man suffered injuries to his face, head and other parts of his body. The bar owner also provided a statement to police that supported the alleged victim’s statements.

http://bangordailynews.com/2012/06/25/news/midcoast/matinicus-man-arrested-for-pummelling-man-outside-bar/