ELLSWORTH, Maine — A Sullivan man convicted earlier this month of furnishing oxycodone to a man who died the next day will appeal his conviction to the Maine Supreme Judicial Court, according to the man’s attorney.
Bruce W. Merchant, 46, of Sullivan was convicted in a bench trial Aug. 3 of unlawful furnishing of scheduled drugs to another Sullivan man, Charles Robinson, on Sept. 29, 2010. That night, Robinson’s wife Rebecca said she saw her husband crush and snort a blue pill. Some time after 10 p.m., she helped Robinson to bed. He was dead the next morning.
The case involved “significant testimony” about Robinson’s death, but Hancock County Superior Court Justice Ann Murray noted in her decision that “the state has not charged the defendant with causing the death of Charles Robinson. The charges relate only to the defendant trafficking or furnishing scheduled drugs.”
Merchant was sentenced Wednesday to two years imprisonment and a $400 fine, according to his attorney, Robert Napolitano of Portland. Merchant is free on $5,000 bail pending the appeal at the Law Court.
Merchant had also been charged with the more serious crime of trafficking in scheduled drugs, and two other furnishing charges. Murray found Merchant not guilty of those charges.
Napolitano said the appeal hinges on several questions regarding whether evidence obtained in interviews with police the day of Robinson’s death were obtained legally. It was during those interviews that Merchant confessed to giving Charles Robinson the oxycodone, and admitted to taking the drug with Robinson.
The attorney had attempted to suppress those interviews before the trial, claiming that his client had not been sufficiently apprised of his Miranda rights, and that the confession was involuntary.
Murray ruled that Merchant had voluntarily waived his Miranda rights to remain silent and to have an attorney present while he was questioned by law enforcement. Merchant had mentioned speaking with his lawyer several times in the interview, Murray said, but had not specifically stated his desire to end the interview.
“A defendant does not necessarily invoke his right to counsel each time he says the word ‘attorney’ during an interview with the police,” Murray wrote.
In an interview Thursday, Napolitano said Merchant’s Miranda rights were not sufficiently explained.
“They should have told him not only does he have a right to a lawyer, but that he had an option to exercise that right immediately,” he said. “There are certain things [the police] have to do, and I don’t think they did.”
Napolitano will take his appeal to the Law Court, which he hopes will overturn Murray’s decision to allow the tapes into evidence.
“Judge Murray gave us a very fair trial, I don’t deny that,” he said. “But the Law Court may have a different opinion.”
Follow Mario Moretto on Twitter at @riocarmine.
It is a creative argument for sure. But I doubt that any US citizen who has ever watched a TV show is unaware of what Miranda Rights are. Given that police are required to make suspects aware or face having convictions overturned on appeal, it is doubtful that they failed to do it. It is the convicted felon’s word against the police. Guess who I am going to believe?
One favorite trick police like to use is “We are just talking,you have not been charged with anything …….you dont need a lawyer…..” and guess what happens next ? EVERY WORD you say IS used against you ! Police lie just like other people. Padding an arrest report is more common than most people think…….that badge supposed to make them any different from any other human on this planet ? We the general public would like to think so……but for every one good cop there are ten that abuse their power and treat people like they are beneath them. Attitude from police right out of the gate is what most people get. And I have a lot of friends that ARE cops……..
Sounds like you’ve had some issues with cops, but bottom line is IF YOU’RE BEHAVING YOURSELF YOU HAVE NOTHING TO WORRY ABOUT. And if you’re a drug dealer, or you just beat up your girlfriend, or whatever you did to break the law YOU DESERVE what you get. If you don’t like how cops treat you then get out of that world!!! Start working, paying bills, treating people right… If you lay down with dogs you are going to get fleas!!
I work 40 plus hours every week……make an insane paycheck working on bridges. Me and the bank dont own anything…I own it me. My sisters kid got busted for drinking as a minor. She showed up at my house with her drunk friends and I wouldnt let them leave in the car because i took the keys…..downtown they go and guess what ? yup…cop comes to my house because thats where my …… told them thats where they came from. Cop puts in his report that I said they were drinking at MY house. I beat it in court. And Ive never been placed in handcuffs in my life….not even for fun ! Police officers do lie at times . And like I said …..I have a lot of friends that are COPS !
Burlington VT changed their laws to combat the growing drug sales and abuse problem after a University athlete with an impressive future in ski racing overdosed and died. The friend supplying him with the drug was given a 19 yr sentence for his part in the death. Their tougher sentencing is slowing the problem down now after years of escalating.
Search for ‘The Opiate Effect’, an incredible film documentary done on the escalating drug problem in Burlington VT, and how severe penalties have slowed abuse and drug related crime. It is now saving lives, as many were previously lost to drugs in their town.
I got another option/thought. You want the opiate effect? Go to a weight room, lift some weights, using you body as a weight counts.
A cheaper option. Playground equipment works. They often have pull up bars. Pushups and sit-ups can be done almost anywhere. Gotta platform, got plyrometrics……..
Healthier, makes you feel good and lowers cholesterol too.
THIS IS ALL A BUNCH OFF BULL **** !!!!!!!!!!!!!!!!!!! THE NEWS AND THE RADIO SHOULDNT PUT THINGS LIKE THIS ON THE RADIO OR NEW UNLESS THE FAMILY SAYS ITS OK WTF !!! LET PEOPLE REST !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!