State of Maine v. Blueberry Lechner

CASE DISMISSED
State of Maine v. Blueberry Lechner
RUN BLUEBERRY RUN

*WE PREFACE THIS NOT GUILTY WITH THE FOLLOWING

At the January 16, 2007 MACDL Board meeting our ED, Atty. Lechner requested that members provide more not guilty verdicts, motions to dismiss that were granted and dismissals for other reasons. Don’t ask if you don’t want it. Here it goes. And, yes, this is an embellished true story.

On September 11, 2006, at approximately 2 PM, Officer Gabbard of the Freeport Police Department receives a report from dispatch of a dog at large. They got Blueberry.

Blueberry is a 6 year old Border Collie. Blueberry’s story, according to Officer Gabbard, starts well before the September 11, 2006 incident. Blueberry in 2000 relocated with his family to Maine from Wyoming. Having only known life on the prairie and the freedom of the great blue yonder, Blueberry grew accustomed to the freedom you might expect from a dog raised in Wyoming. Upon moving to Maine his adoptive family purchased a home in rural Freeport. Blueberry had the freedom one might expect which included a 4 acre parcel, acres of woods and a deserted railroad track stretching for miles in each direction. Life was good.

But like Gepetto’s wooden son Pinocchio, Blueberry fell into the wrong crowd. Blueberry’s Foul Fellow and Gideon were a couple of friendly neighborhood dog. Soon Blueberry learned to strayed from the confines of his neighborhood and the woods behind his house and the old railroad bed.

Blueberry soon found that he preferred the freedom of the open road. After only a few short months he was frequently seen on Route 1 at Gritty’s, Chilton’s Furniture and LL Bean. His owners, in denial, attest that Blueberry was lonely and was simply following them as they left the house. Their explanation falls short when at dusk on a warm summer’s evening in 2002 Blueberry is seen swimming in the LL Bean trout pond.

On September 11, 2006, Officer Gabbard raced back to the Freeport PD, blue lights flashing and siren wailing. Slamming his cruiser in park and taking a slug of his piping hot coffee, Gabbard jumps out of his cruiser and reports to FPD. Yes he says to himself as he spots Blueberry in the drunk tank. Blueberry- I got him. He reaches for Blueberry who cowers slightly and gently lifts her front paw in an offer of truce. Dammit! No tags. Who’s dog is this he ponders. 6 years of chasing Blueberry and he can’t identify the owner.

On a whim, he swipes the dog with FPD’s recently purchased Chip Monitoring Device. Impatiently he waits for the printout. “Jennifer Lechner!” “I knew it!” He quickly calls the contact number. No answer. He calls again. No answer. After six tries, no answer. He contacts his Sergeant. Sergeant Nourse leaves a message on Lechner’s telephone directing her to report to the FPD to pick up a citation for a dog at large allegation. Nourse further informs Lechner that her dog is at the Brunswick Animal Shelter.

Aware that the police were closing in on her, Lechner refuses to return the repeated calls from the police. After consulting her personal attorney, (Steve Lechner), she decides it would be better to have her sister retrieve the dog from the Shelter. It’s done.

On November 7, 2006, the Cumberland County District Attorney’s office files a single count of Dog-at-Large against Atty. Lechner. Her trial date is scheduled for January 2nd. Fearful of the consequences and fully aware of the stakes she retains a crack-force trial team. She calls on Timothy Zerillo and Michael Whipple. Actually, they were the last to be called but agreed to do it for free. It is clear that Lechner cannot show her face in court. Frankly, it is too embarrassing as she sits on the Board of Directors of her church with Judge Field and frankly, it’s not worth her time for the $100 fine.

Of course, Zerillo and Whipple, who never make mountains out of molehills, file Motions to Suppress, Motions for Discovery, Motions for Change of Venue and a Motion for Jury Trial. The State files an eight page memo objecting. The Court denies all defense motions without a hearing. Complaints of a lack of due process are raised, but Blueberry Lechner is heading to trial.

Despite Lechner’s repeated cries to plead out, it is clear that the trial team cannot plead the Exec. Director of MACDL to this violation. Before trial, the defense team moves to continue. Motion denied. Counsel devises a scheme to divide and conquer. Zerillo is appointed to handle the first trial date. His easygoing and cunning approach is favored. Zerillo learns that Freeport PD is obsessed with Blueberry. Not only is Officer Gaddard present, the DA’s office and FPD have piled up additional evidence attempting to counter Lechner’s savvy moves to avoid recognition. FPD and the DA’s office produce the most damming of evidence. A certified copy attesting that Lechner is the owner. Zerillo moves to continue the matter. The Motion is Granted and the FPD storms out of the courtroom. The case is re-scheduled for January 17, 2007.

On January 9, 2007, counsel moves for a second continuance. Motion denied. This case is going to trial (again). The court is so outraged by this case that they refuse to grant the Motion to Continue. This seemingly devastating news turns out to be the break in the case.
On January 17, 2007, Whipple appears for trial, and is ready for a war. At the call he announces this case is for trial and is prepared to offer several character witnesses on behalf of Blueberry that will testify that Blueberry could not possibly be the dog at large as Blueberry is deathly afraid of the water and was never in the LL Bean trout pond. The DA’s office quickly realizes that their top cop was unavailable and could not be found. After a long battle and a few timely tactical moves the case was dismissed by the DA’s office. Blueberry is free!
Case Dismissed.