AUGUSTA — A Hawaii man who briefly chatted up two jurors in a courthouse elevator, telling them he’s an innocent man, faces tampering with a juror charges.
Estevan C. Hartley, 52, of Lahaina, Hawaii, was at the Capital Judicial Center in Augusta Oct. 10 facing charges of domestic violence stalking and violating a protection from abuse order, with his case scheduled for jury selection that day. It was among some 46 other cases on the schedule for jury selection.
Two people also there for jury duty were taking an elevator to the second floor at the Capital Judicial Center when a man, later identified as Hartley, entered the elevator, according to an affidavit filed by Detective Philip Lynch, who works for the Kennebec County District Attorney’s Office.
One of the two jurors said Hartley asked them if they were jurors, to which they replied they were. He then told them, according to Lynch’s affidavit, “If they were picked for my case, I’m an innocent man.”
The juror told the detective “nothing was said after that because it became uncomfortable in the elevator.”
The juror told a judicial marshal what had happened, and that officer informed Lynch, who approached Hartley at the courthouse and placed him under arrest.
After the arrest, Hartley told Lynch he wasn’t aware he wasn’t supposed to talk to people and that he was just being nice by talking in the elevator. He said he’d told the jurors “don’t lock up an innocent guy.”
“Hartley continued to argue his case and that he did not know he was breaking any laws, and stated he was under the impression he was not picking a jury that day due to his lawyer advising him of such,” Lynch wrote in the affidavit. “Hartley also stated, ‘if I had known, I wouldn’t have talked.'”
Hartley’s lawyer, RJ Pettis,filed a court motion to suppress Hartley’s alleged statements to Lynch, saying Hartley had not been made aware of his right to remain silent while he was being arrested.
A Kennebec County grand jury indicted Hartley on two counts of tampering with a juror, and one count of violation of condition of release, Nov. 20. Tampering with a juror is a Class C felony punishable by up to five years in prison.
Hartley is at Kennebec County jail, according to jail records, with bail set at $15,000.
An indictment is not an indication of guilt but indicates enough evidence exists for a case to move forward to trial. Also indicted by a Kennebec County grand jury, which met Nov. 20 at the Capital Judicial Center in Augusta, were:
• Vernard JR Artis, 43, of South China, aggravated trafficking in scheduled drugs (cocaine base), Jan. 6, 2021, in Augusta, and aggravated trafficking in scheduled drugs (cocaine), Feb. 3, 2020, in Augusta.
• Eric D. Austin, 32, of Augusta, domestic violence reckless conduct with a dangerous weapon, domestic violence criminal threatening with a dangerous weapon, reckless conduct with a dangerous weapon, and criminal threatening with a dangerous weapon, Sept. 21, in Manchester.
• Alexander L. Berry, 25, of Randolph, operating after revocation, and violation of condition of release, Sept. 11, in Chelsea.
• David L. Brann, 26, of West Gardiner, criminal operating under the influence, aggravated operating after habitual offender revocation, and refusing to submit to arrest, May 11, in Hallowell.
• Israel J. Carpenter, 48, of Waterville, two counts of aggravated trafficking in scheduled drugs (methamphetamine), two counts of aggravated trafficking in scheduled drugs (fentanyl powder), aggravated trafficking in scheduled drugs (cocaine), unlawful possession of scheduled drugs (methamphetamine), unlawful possession of scheduled drugs (containing fentanyl powder), unlawful possession of scheduled drugs (containing cocaine), two counts of violating condition of release, and three counts of criminal forfeiture, of $372, several knives, axes and machetes, BB and pellet guns, and a 12-gauge shotgun and two handguns, Sept. 12, in Clinton; and unlawful trafficking of scheduled drugs (cocaine base), March 11, in Clinton, unlawful trafficking in scheduled drugs (fentanyl), April 9, in Clinton; and violation of condition of release, between March 11 and April 9, in Clinton.
• Albert Jonathan DiPietro, 39, of Buckfield, unlawful possession of scheduled drugs (cocaine base), and refusing to submit to arrest, Aug. 17 in Oakland; and burglary, two counts of theft by unauthorized taking, and criminal mischief, between July 5 and 6, in Rome; and burglary, and two counts of theft by unauthorized taking, between Aug. 12 and 13, in Rome.
• Zackary Furbish, 30, of Pittston, burglary, attempted aggravated assault, and two counts of violation of protective order, and violation of condition of release, Aug. 19, in Pittston.
• Dustin E. Gay, 41, of Augusta, violation of condition of release, between Aug. 1 and Sept. 4, in Augusta.
• Michael Joseph Gola Jr., 34, of Winslow, violation of condition of release, between Sept. 23 and 25, in Augusta.
• Jason L. Hewett, 39, of Fayette, eluding an officer, and unlawful possession of scheduled drugs (containing fentanyl powder), July 16, in Windsor.
• Marissa R. Hudson, 39, of Oakland, theft by unauthorized taking, and violation of condition of release, Sept. 19, in Gardiner.
• Jessica M. Johnson, 38, of Augusta, unlawful trafficking in scheduled drugs (fentanyl), June 4, in Augusta, and aggravated trafficking in scheduled drugs (fentanyl powder), and unlawful possession of scheduled drugs (containing fentanyl powder), June 20, in Augusta.
• Paul S. LaBelle Jr., 33, of Clinton, unlawful possession of scheduled drugs (containing fentanyl powder) and unlawful possession of scheduled drugs (cocaine base), July 5, in Waterville.
• Brian LeClair, 47, of Waterville, burglary, aggravated criminal mischief, theft by unauthorized taking, and unlawful possession of scheduled drugs, Aug. 29, in Winslow.
• Chad R. Maillet, 48, of Augusta, operating after revocation, Sept. 13, in Gardiner.
• Joshua S. Martinez, 28, of Brooklyn, New York, aggravated trafficking in scheduled drugs (cocaine base), aggravated trafficking in scheduled drugs (fentanyl), unlawful possession of scheduled drugs (cocaine base), unlawful possession of scheduled drugs (containing fentanyl powder), unlawful possession of scheduled drugs (containing oxycodone), falsifying physical evidence, refusing to submit to arrest, violation of condition of release, and criminal forfeiture of $395, Sept. 9, in Waterville.
• Dylan C. McKenna, 33, of Fairfield, criminal operating under the influence, and operating after suspension, April 27, in Augusta.
• Shawn M. Merrill, 38, of Augusta, possession of a firearm by a prohibited person, Sept. 1, in Vassalboro.
• Mary P. Murray, 37, of Waterville, unlawful possession of scheduled drugs (containing fentanyl), June 26, in Waterville.
• Robert Jeffrey Parise, 34, of Sidney, criminal operating under the influence, and operating after suspension, July 20, in Waterville.
• Timothy B. Parker, 44, of Vassalboro, domestic violence terrorizing, and criminal mischief, Sept. 11, in Augusta.
• Joey L. Peaslee, 43, of Jefferson, failure to report, Aug. 19, in Augusta.
• Logan Peaslee, 23, of Augusta, 10 counts of possession of sexually explicit materials, July 17, in Augusta.
• Aaron R. Pert, 44, of Amherst, operating after revocation, and violation of condition of release, April 23, in Waterville.
• Lynn Robert Poulin Jr., 45, of Winslow, operating after revocation, July 18, in Waterville.
• Codie J. Rice, 29, of Oakland, burglary, aggravated criminal mischief, theft by unauthorized taking, and possession of burglary tools, Aug. 29, in Winslow.
• Daytona J. Roode, 25, of Benton, operating after revocation, failure to stop for an officer, and failure to give correct name, Oct. 27, in Waterville.
• Kevin L. Rogers, 49, of Augusta, unlawful possession of scheduled drugs (cocaine base), violation of a protective order, and violation of a condition of release, Sept. 15, in Augusta.
• Brittany J. Roseberry, 32, of Madison, theft by unauthorized taking, Aug. 1, in Waterville.
• Edward Thomas Stanley, 48, of Middleton, N.H., theft by unauthorized taking, and violation of condition of release, Sept. 29, in Augusta.
• Desiree Swisher, 42, of Bowdoin, theft by unauthorized taking, Jan. 5, in Augusta.
• Amanda M. Winkley, 37, of Augusta, unlawful possession of scheduled drugs (containing methamphetamine), July 26, in Augusta.
• Allen Zoglio, 29, of Randolph, possession of a firearm by a prohibited person, Oct. 9, in Waterville.
These entries reflect charges filed against individuals. Entries are not criminal convictions.
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