Attorney: PETER CYR LAW OFFICES OF PETER J CYR
State's Attorney: STEPHANIE ANDERSON
D. Warren Justice, Superior Court
the court is the issue of whether defendant Bruce
Sanborn's probation has been tolled, which would allow
the State to pursue motions to revoke Sanborn's
probation. A hearing was held on November 15, 2018.
case turns in part on the Interstate Compact for Adult
Offender Supervision ("Interstate Compact" or
"ICAOS"), which governs the interstate transfer of
persons who are on probation or parole. 34-A M.R.S.
§§ 9871-9888. The actual procedures governing
interstate transfer of probationers and parolees are not set
forth in the Interstate Compact itself but are set forth in
regulations issued to implement the Compact. See
34-A M.R.S. § 9877(1).
January 22, 2008 Sanborn entered guilty pleas in Cumberland
County docket no. CR-07-2091 to charges of Class C Assault
and Class C Terrorizing. These were felony charges because
Sanborn had two prior assault convictions in New Hampshire
within the preceding 10 years. Sanborn received a sentence of
four years, all but six months suspended, with three years of
probation, concurrent on both counts.
was released in February 2008, and his probation was
thereafter transferred to New Hampshire pursuant to the
next event in this case was a November 12, 2009 motion signed
by Probation Officer David Edwards to revoke Sanborn's
probation based on (1) charges of assault, resisting arrest,
and disorderly conduct that had allegedly occurred in New
Hampshire on September 23, 2009, (2) alleged failures to
attend a certified batterers program, and (3) an alleged
failure to report to his New Hampshire probation
officer. This motion was based in part on an
October 20, 2009 Offender Violation Report that had been sent
to Maine by New Hampshire pursuant to the Interstate Compact.
See Defendant's Ex. 1 at pp. 6-7. Edwards's motion
also included details, presumably obtained from New Hampshire
authorities, that went beyond the information contained in
the New Hampshire violation report.
cover memorandum to the November 12, 2009 motion, Edwards
informed the clerk's office that Sanborn was in the
Belknap N.H. County Jail and that New Hampshire authorities
were requesting that Sanborn be returned to Maine to face
probation revocation in Maine. See Defendant's Ex. 1 at
filing the Maine probation motion, Edwards sought a warrant,
stating that he could not locate Sanborn "for the
purposes of arrest or summons." See Defendant's Ex.
1 at p. 9. A warrant was duly issued, but in part because
Edwards had not specified that he was seeking extradition
from New Hampshire, the warrant was a "Maine only"
warrant. As a result, it was not filed as a
detainer against Sanborn in New Hampshire, and there is no
evidence that Sanborn was made aware that Maine had filed the
November 12, 2009 probation motion.
point Sanborn was released from the Belknap County Jail on
the 2009 New Hampshire charges. The record does not reflect
how those charges were resolved. Sanborn remained in New
Hampshire. Although Maine's November 12, 2009 probation
revocation motion remained pending, there was no action on
that motion because of the "Maine only"
and again in 2015 Sanborn was convicted in New Hampshire on
felony drug possession charges. On the 2014 charges he
received a sentence of not more than 3 years and not less
than 1 year. On the 2015 charges he received a sentence -
consecutive to his 2014 sentence -of not more than 5 years
and not less than 1 year.
point, according to the testimony at the November 15, 2018
hearing, New Hampshire sent a case closure notice to Maine
under the Interstate Compact. That notice was apparently sent
because Sanborn had been sentenced in New Hampshire to more
than 180 days, which was a basis for a case closure notice
under ICAOS Rule 4.112(a)(3) (June 2009). As far as the
record reflects, Maine took no action in response to the case
closure notice. Most likely, ...