Opinion
KENCD-CR-2022-01640 KENCD- CR-2022-20640 KENCD- CR-2023-00268
06-20-2023
STATE OF MAINE, v. MICHAEL SEEGARS, Defendant
ORDER ON MOTIONS FOR REVOCATION AND FORFEITURE OF PRE-CONVICTION BAIL
The State has filed three motions to revoke the pre-conviction bail of the Defendant, Michael Seegars, in three separate matters. See Second Motion for Revocation and Forfeiture of Pre-Conviction Bail, dated May 15, 2023, Docket No. KENCD-CR-2022-01640; Second Motion for Revocation and Forfeiture of Pre-Conviction Bail, dated May 15, 2023, Docket No. KENCD-CR-2022-20640; and Motion for Revocation and Forfeiture of Pre-Conviction Bail, dated May 15, 2023, Docket No. KENCD-CR-2023-01640. The Court conducted a hearing on June 15, 2023 on whether sufficient grounds exist to revoke the Defendant's bail. The Defendant was represented at the hearing by William Baghdoyan, Esq., and the State was represented by Assistant District Attorney Michael H. Madigan, Esq.
In each of the aforementioned three cases, the Defendant's pre-conviction bail included conditions that he would commit no criminal act and would not use or possess any dangerous weapon or firearm. The arguments at hearing focused on whether probable cause exists to believe the Defendant has committed a new crime following the setting of his preconviction bail. See 15 M.R.S. §§ 1096(1). The State relies on an affidavit submitted by Deputy Elijah J. Curtis of the Kennebec County Sheriffs Office. Affidavit in Support of Probable Cause, dated May 12, 2023 ("Curtis Affidavit"). The affidavit alleges Deputy Curtis performed a bail check at the Defendant's residence in Oakland on May 12, 2023. Upon entering the house, he observed a baggie containing what appeared to be cocaine base as well as multiple .22 caliber ammo rounds. Deputy Curtis obtained a search warrant and executed it at the Defendant's residence, where he found: (1) 70.1 grams of cocaine base; (2) 21.5 grams of methamphetamine; (3) 82.8 grams of suspected fentanyl/heroin; (4) $7,897 in cash; and (5) a loaded .22 caliber handgun.
The Defendant argues the Curtis Affidavit is insufficient on its face to meet the State's burden in establishing the conduct necessary to revoke his pre-conviction bail. The Court disagrees. Probable cause has a low threshold and uses an objective standard. See State v. Lagasse, 2016 ME 158, ¶ 14,149 A.3d 1153. It is "flexible and based on common sense." State v. Flint, 2011 ME 20, ¶ 12, 12 A. 3d 54. "Although requiring more than mere suspicion, probable cause can be satisfied on less than the quantum of proof necessary to establish a fact by a fair preponderance of the evidence." Lagasse, 2016 ME 158, ¶ 13, 149 A.3d 1153. In this case, the Court finds the sworn allegations in the Curtis Affidavit are sufficient to establish probable cause that the Defendant committed new crimes by engaging in unlawful drug trafficking and the illegal possession of a firearm by a prohibited person.
WHEREFORE, the Court GRANTS the State's Motions for Revocation and Forfeiture of Pre-Conviction Bail. The Defendant's pre-conviction bail is revoked, and his bail is forfeited pursuant to 15 M.R.S. § 1094. The Clerk will provide an appropriate notice of forfeiture to the Defendant's surety and, as requested by Defendant's Counsel, will schedule another hearing on further disposition after revocation under 15 M.R.S. § 1097.