State of Maine v. Deschaine

STATE OF MAINE UNITED CRIMINAL DOCKET
AROOSTOOK, ss. DOCKET NO. AROCD-CR-2019-40788

STATE OF MAINE )
)
v. ) PROTECTIVE ORDER
)
CINDY DESCHAINE )

Pursuant to the Court's authority under M.R.U. Crim. P. 16(b)(6) and consistent with

Brady v. Maryland, 373 U.S. 83 (1963), it is hereby ORDERED:

The State will be disclosing in discovery certain records of Maine Revenue Services

concerning the employment ofthe Defendant's Spouse. These materials may be used by defense

counsel in his preparation of the Defendant's case and by either party at trial or in any Court

proceeding in this matter. Defense counsel may share the contents of these materials with the

Defendant as defense counsel sees fit in his professional judgment in order to prepare for

proceedings in this matter. Defense counsel shall not copy said materials to Defendant and

defense counsel shall not copy said materials or disclose them, or the information in them, to

any person other than any expert(s) retained by defense counsel to work on this case or defense

counsel's staff ~ ~ ~
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DA TED: 'flA rA,

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STATE OF MAINE UNITED CRIMINAL DOCKET
AROOSTOOK, ss. DOCKET NO. AROCD-CR-2019-40788

STATE OF MAINE )
) MOTION FOR PROTECTIVE ORDER
v. ) [M.R.U. Crim. P. 16(b)(6)]
)
CINDY DESCHAINE )

Now comes the State, by and tln·ough counsel, and respectfully requests that this

Honorable Court issue a protective order regarding certain records of Maine Revenue Services.

In suppott of its motion, the State states as follows:

I. The Defendant is charged with theft and attempted theft of income tax refunds through

jointly filed income tax returns.

2. The State has previously provided the Defendant, through counsel, with discovery

materials pursuant to M.R.U. Crim. P. 16 and Brady v. Mwyland, 373 U.S. 83 (1963).

3. The previously provided discovery materials included the wage records of the

Defendant's spouse ("Spouse").

4. The State is now in possession of records of Maine Revenue Services containing the

same substantive information about the Spouse's wages as previously provided in the

form of copies of the Spouse's IRS Form W2s.

5. The records of Maine Revenue Services concerning the Spouse's employment are

confidential pursuant to 36 M.R.S. § 191 (a).

6. The records of Maine Revenue Services concerning the Spouse's wages and

withholdings are relevant to the prosecution of the Defendant.

7. The undersigned contacted defense counsel regarding this motion but has not heard back

regarding his position on it.
Wherefore, the State respectfully requests that this Honorable Cami issue a protective

order regarding the records of Maine Revenue Services concerning the Spouse's wages and

withholding.

Dated: April 13, 2022 Respectfully submitted,

Isl Elizabeth T Wevl
Elizabeth T. Wey!, ME Bar No. 005783
Assistant Attorney General
6 SHS, Augusta, ME 04333
(207) 626-8836
elizabeth.weyl@maine.gov

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