So the snow was coming down by the inch, covering my trees up as fast as I could fell, limb and buck them up, so I was not in a good mood anyway, and I see movement on the skidder trail. So I shut off the saw, cross my arms and watch this Forest Ranger approach... "You LodgedTree", he says? "Yep." "Well I got a subpoena for you." (Now he has my interest, but I am not uncrossing my arms, nor taking any subpoena.) He notes this, and starts to talk, telling me it has nothing to do with me, but someone else, and... That is all well and good, but only then do I interrupt him. "I am not saying anything until I talk to my attorney." That sets him back a wee bit, but does not seem to get it, and tries to get all buddy-buddy and get me talking, and I am not having any part of it. I have NO IDEA what this is about, but I know better than to say anything, so I tell the guy again..."I am not saying anything until I talk to my attorney." He tries again, but can see from my mannerisms I am not moved and the conversation is over. He starts asking me where he can put the Subpoena and while I really wanted to tell him exactly where he could put it...and what I thought of him, I remain calm, and say, "With the Sheriff so he can serve it legally." That set him off! He puffs up like blow fish and stammers on how he is a law enforcement officer and has this right, blah, blah, blah...and sees I am not that impressed, so I grab my tape measure to kind of suggest such a thing, start measuring out my log, and tell him a third time, "I am not saying anything until I talk to my attorney." He ended up walking away pretty miffed, and stuffed the Subpoena in my house door, in the end, and that is okay, but I have a few questions: 1) Is it a conflict of interest to have the same investigating person serve a subpoena too? I think a Forest Ranger has a right to serve subpoena's in the State of Maine, but for their own case? It seems wrong... 2) I KNOW it is a violation to ignore my request for an attorney and try and get me to talk, and having to say so 3 times is excessive. To whom do you lodge a complaint? When I am in front of the Grand Jury? The Attorney General's Office? The Maine Human Rights Commission? The Overseer's of the Bar?
I would say that the attorney generals office is a good place to start. Sent from my iPhone using Tapatalk
Leo trying to get you to talk isn't out of the ordinary. Not right, but not unheard of. Good on you for knowing your rights. As far as a complaint....ask your lawyer. Probably the AG.
What does the subpoena say? Good job not talking. You will never talk yourself out of trouble. Only into it.
Might be worth it to do a little reading... http://www.courts.maine.gov/rules_adminorders/rules/text/MRCivPPlus/RULE 45r.pdf http://www.courts.maine.gov/rules_adminorders/rules/text/MRCivPPlus/mr_civ_p_5_plus_9-2012.pdf
They have every "right" to try to get you to talk. They can even legally lie to you if they want, in order to get you to talk. Good response, don't talk. Ever.
You were never Mirandaized, so this is basically someone trying to get you on case with them. Also if you realize that this forester “officer” isn’t actually a legal representative, more so a cronie doing dirty work for another. He’s simply a key man with no true title. Good job. Stay stiff lipped, talk to your attorney and let him know exactly what was said. If he comes around again, record your conversation if possible. This can be evidence for mistrial and extortion.
I don't know my American law (to be honest I don't know my Canadian law all that well either ) but is it only defendants and plaintiffs that can perjure themselves or can others be charged with this as well?
I don't know the law, but right and wrong are pretty clear. An officer or prosecutor doing the very thing that would land you in jail is wrong.
I am not sure what ever came of this. The Maine Forest Ranger in question told another logger that "he had it out for these two truck drivers", but in I think the tables have been turned and the hunter has become the hunted. This is not the first time I have ever been to court for these guys, and last time it was not for a mere overzealous tree cop, but the Department of Environmental Protection. This was over a logging road in wetlands, and so I drove all the way into Augusta and went into the Main Lobby. Here it was 10 AM and this 22 year old kid had not even shown up for work yet. I told the secretary in my world the day was half over, but I would wait for the man, and I did. He showed up a half hour later, and I could hear her whisper to him, "Some logger is here to see you". The guy was scared too, as they are not used to having to answer to someone, but when it finally shook out in court and he realized we have been here since before this country was even a country, he realized he was not well liked in this area, so they sent him up North. It was not a good fit, nor good timing, the paper mills were closing and here comes some young kid throwing his weight about saving the earth when these guys are losing their well paying jobs. Those boys are tougher than we are, and started winding the lead to him, and so the State sent him down to Portland in short order. Now I guess he no longer works in Maine anymore. Go figure... They like to throw their weight around, but they are pretty much just laughed at here. As one logging contractor told me, they were going to fine him for some logging violation, so he showed up at the logging site in question and backed up to the landing and put a golf tee into the ground, set a ball on top of it, then grabbed a club and whacked the ball as far as he could. Then he said, "So just what is the fine so we can all get back to work here." They think they got all the power in the world and it goes to their heads, but they only have as much power as a defense attorney says they do.
Yeah, they often forget that in court, you are allowed to stand before your peers. When I went to drop off my documents in this case, I had to go to the District Attorney's Office, but they were not sure what i was there for. So I had to sit outside while the Grand Jury was convening. No big deal, but then the District Attorney started conversing with this police officer about this woman who was being indicted for arson. They were going back and forth on "she said this, and then recanted and said that," and I could care less, but they are two feet away from me discussing this, and finally the guy asked, who I was. You know my standard answer..."Just a dumb sheep farmer". He got all mad, but finally got it all figured out what I needed to do,and I finally asked him, "Is it normal operating procedure to talk about court cases in the hallway of a courthouse? I don't think I would like it if I found out you were discussing my case." They got 10 private rooms a person can go in and discuss this stuff, and they are outside in the hallway gabbing. He got really mad then! He and I both knew I had him. If the defense attorney of that woman knew what they were discussing, and where, and what I heard, it would be thrown right out of court.
By the way: I am not bitter against those in Judicial Control; my Great-Grandfather was Judge in this county for years and years. He would be rolling over in his grave if he knew what occurred today!
