ORDER ON DEFENDANT'S MOTION TO SUPPRESS
E. Mullen, Deputy Chief Justice.
matter came before the undersigned on September
23rd, 2016 with respect to the Defendant's
Motion to Suppress filed August 19, 2016. After hearing, and
after the Court has had an opportunity to review the relevant
case law and statutes, the Court makes the following Findings
of Fact and Conclusions of Law upon which the Order set forth
below is based:
Findings of Fact:
Monday, January 4, h, 2016 shortly after 4:00 p.m.
deputy sheriff Toby Pond (hereinafter "officer")
was dispatched to the scene of a multi-motor vehicle accident
in the town of Chelsea, Maine. When the officer arrived at
the scene he observed two vehicles, both trucks. One of the
vehicles was lying on its roof and contained a male and a
female. The occupants were removed from the truck by using
the "Jaws of Life." Both people were injured.
Defendant was in the other truck. The windshield was pushed
out. It appeared the Defendant was pinned inside his vehicle.
Rescue personnel removed Defendant from the vehicle.
officer eventually learned the names of the other people:
Richard Morin, who was life-flighted to Central Maine Medical
Center, and Monique Morin, who was transported to Maine
General Medical Center (hereinafter "MGMC").
Defendant was originally going to be taken to Eastern Maine
Medical Center, but a decision was made to instead take him
to MGMC. The officer described Defendant's injuries as
area of the accident scene was in a 45 mph zone. The two
vehicles apparently had collided with each other
"head-on." The Defendant was taken to the hospital
by ambulance 10-15 minutes after the officer arrived. The
officer had no contact with the Defendant at the site.
officer spoke to witnesses who witnessed the collision as
well as to medical personnel. Thereafter the officer
coordinated a "blood draw" from Defendant as well
as Mr. Morin because the officer believed a "death was a
possibility" as a result of the accident. The officer
drew a conclusion that Defendant's vehicle had crossed
the centerline of the road. No emergency personnel at the
scene told the officer that death of one or more of the
occupants of the motor vehicles involved in the accident was
going to occur as a result of the accident.
officer later learned that the blood kit he had provided to
other law enforcement for Defendant had expired. Blood was
drawn from the Defendant in the ambulance at a time when
apparently Defendant was unconscious.
January 5, 2016 the officer spoke with Defendant while
Defendant was hospitalized. Defendant gave the officer an
oral statement. The officer typed up a written statement
based upon what the Defendant had told him, read the
statement back to Defendant, allowed Defendant to read the
statement twice, and then had Defendant sign the statement.
officer also asked Defendant if Defendant would sign a
medical release form. Defendant agreed to do so and in fact
did sign on January 5, 2016.
Deputy sheriff Jacob Pierce (hereinafter "Pierce")
was on routine patrol on January 4, 2016 at 6:30 p.m. when he
was instructed to go to MGMC to obtain a sample of blood from
Pierce arrived at the Emergency Room of MGMC and observed the
Defendant, Defendant's wife, and several medical
personnel in a room. Pierce was told by emergency personnel
that a blood draw from the Defendant had been done while
Defendant was in the ambulance. Pierce saw the blood kit that
had been used to obtain a sample of the Defendant's blood
had expired. Pierce also was told that there had been no
witness to the original blood draw from the Defendant other
than the person who performed the blood draw.
Pierce left the hospital to obtain another blood kit. He then
returned to the hospital where he encountered medical
personnel who informed him that Defendant was about to go
into surgery. Pierce explained that he needed another blood
draw and why. Pierce went into the Defendant's room, and
waited for medical personnel "to come down and execute
the blood draw." Pierce overheard Defendant telling his
family Defendant had consumed "a few beers with
lunch." Eventually Pierce made his way over to the
Defendant and told Defendant that Pierce needed another blood
draw and why, specifically that the original kit had expired
and that there were no witnesses to the blood draw. ...