November 27, 2008 Thanksgiving
I was arrested for disorderly conduct outside Fitzpatrick Stadium for the annual Portland - Deering football game.
First court appearance was December 18th, 2008, 8:30 am, Superior Court, Portland ME.
If Officer Kevin Haley was "AT THE FRONT GATE ON THE DEERING AVE SIDE." he would heard what I was saying. The fact is they were inside overlooking the football field.
I was not advised of a complaint. I was not yelling profanities. I was not standing in the side walk. I do not yell legalize Marijuana. He did not say Goodmorning to me. He did not ask for identification, He did not ask me to move across the street.
Portland Police Department
Incident Report
Report 11/27/200811:07 Case* 01-08-012733
Topic
ORIGINAL NARRATIVE
ON 11-27-08 AT 1000HRS, I, OFFICER K HALEY WAS ON AN OVERTIME DETAIL AT FITZPATRICK FIELD, 140 DEERING AVE. I ALONG WITH OTHER OFFICERS WERE ON THE DETAIL FOR THE THANKSGIVING DAY FOOTBALL GAME LOCATED AT THE FOOTBALL FIELD.
THE EVENT IS A FAMILY EVENT THAT IS ATTENDED BY THOUSANDS EACH YEAR.
I WAS APPROACHED BY AN ADULT FEMALE (UNKNOWN AT TIME OF REPORT) AT THE FRONT GATE ON THE DEERING AVE SIDE. THE FEMALE COMPLAINED THAT A MALE LATER IDENTIFIED BY A MAINE PHOTO LICENSE AS MICHAEL DEE 01-01-51 OF NORTH WINDHAM, WAS YELLING PROFANITIES AT LOUD WHILE CHILDREN WALKED BY WITH THEIR FAMILIES.
I OBSERVED DEE WHO WAS STANDING ON THE SIDEWALK ACROSS FROM THE GATE, AT THE END OF A BUSY CROSSWALK WITH CITIZENS ATTENDING THE GAME. DEE WAS YELLING "LEGALIZE MARIJUANA". I DID NOT HEAR HIM SWEAR, BUT I APPROACHED HIM TO ADVISE HIM OF THE COMPLAINT. I SAID GOOD MORNING TO DEE AND HE REPLIED "GO FUCK YOURSELF GET AWAY FROM ME...IM NOT DOING ANYTHING WRONG." I ASKED FOR IDENTIFICATION AND HE YELLED "FUCK YOU I DONT HAVE TO GIVE YOU ANYTHING.... (THEN YELLED) THE POLICE ARE HARASSING ME." I WARNED DEE FOR DISORDERLY CONDUCT AS SEVERAL CITIZENS AND THEIR SMALL CHILDREN WERE WALKING BY AND HEARD DEE. SEVERAL PARENTS WERE COVERING THE EARS OF THEIR CHILDREN SO THAT THE KIDS WOULDNT HEAR DEE.
DEE WAS BEING LOUD , OBNOXIOUS AND RUDE, YELLING TO THE CROWD WITH THE KIDS" TRY MARIJUANA..ITS GOOD FOR YOU OUR COUNTRY SHOULD LEGALIZE IT."
ASKED MR DEE IF HE WOULD MIND MOVING TO THE OTHER SIDE OF THE STREET, TO PROTECT THE YOUNGER KIDS FROM HEARING HIM. DEE WAS PROMOTING THE USAGE OF MARIJUANA STANDING ON SCHOOL GROUNDS. DEE SAID " FUCK YOU THIS IS BULLSHIT YOUR JUST A FUCKING ASSHOLE!".
I HAD WARNED DEE FOR SWEARING IN PUBLIC. DEE WAS ARRESTED WITHOUT INCIDENT. DEE WAS ARRESTED FOR DISORDERLY CONDUCT.
OFFICER BLACK ARRIVED AND TRANSPORTED DEE TO CCSO WHERE HE WAS PLACED IN THE TANK DUE TO BEING UNCOOPERATIVE. THIS INCIDENT WAS NOT RECORDED.
I lost two signs and the cross on which they were attached with two American flags.
4th AMEND was placed over the word CIVIL.
17 § 501-A. Disorderly conduct
1. A person is guilty of disorderly conduct if:
A. In a public place, the person intentionally or recklessly causes annoyance to others by intentionally:
(1) Making loud and unreasonable noises;
(2) Activating a device, or exposing a substance, that releases noxious and offensive odors; or
(3) Engaging in fighting, without being licensed or privileged to do so; [2007, c. 144, §3 (NEW).]
B. In a public or private place, the person knowingly accosts, insults, taunts or challenges any person with offensive, derisive or annoying words, or by gestures or other physical conduct, that would in fact have a direct tendency to cause a violent response by an ordinary person in the situation of the person so accosted, insulted, taunted or challenged; [2007, c. 144, §3 (NEW).]
C. In a private place, the person makes loud and unreasonable noise that can be heard by another person, who may be a law enforcement officer, as unreasonable noise in a public place or in another private place, after having been ordered by a law enforcement officer to cease the noise; or [2007, c. 144, §3 (NEW).]
D. In a private or public place on or near property where a funeral, burial or memorial service is being held, the person knowingly accosts, insults, taunts or challenges any person in mourning and in attendance at the funeral, burial or memorial service with unwanted, obtrusive communications by way of offensive, derisive or annoying words, or by gestures or other physical conduct, that would in fact have a direct tendency to cause a violent response by an ordinary person in mourning and in attendance at a funeral, burial or memorial service. [2007, c. 144, §3 (NEW).]
[ 2007, c. 144, §3 (NEW) .]
2. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Public place" means a place to which the public at large or a substantial group has access, including but not limited to:
(1) Public ways as defined in section 505;
(2) Schools and government-owned custodial facilities; and
(3) The lobbies, hallways, lavatories, toilets and basement portions of apartment houses, hotels, public buildings and transportation terminals. [2007, c. 144, §3 (NEW).]
B. "Private place" means any place that is not a public place. [2007, c. 144, §3 (NEW).]
[ 2007, c. 144, §3 (NEW) .]
3. Disorderly conduct is a Class E crime.
[ 2007, c. 144, §3 (NEW) .]
SECTION HISTORY