Michael Cochran    Sentence - Surety Bond - Deceased - Dismiss Indictment
 
Docket No. CR -80-267

10/20/80 - Eva Mallory, surety surrenders Defendant Michael Cochran into the custody of Sheriff, Penobscot County.

10/20/80 - Bail set as to Defendant Michael Cochran in the amount of $10,000 with two (2) Sureties (Alexander, J.)

10/20/80 - Defendant remanded to the County Jail in Default of Bail.

10/20/80 - Defendant recognized personally in the amount of $10,000 with Lena M. Gray of Bangor (Linda Gray's mother) and Derald Cochran of Bangor as sureties day to day.

10/27/80 - Attys notified of Jury Trial set for 17-al and Nov. 24-26, 1980 at 9:00 A.M.

11/25/80 - DRAWN JURY as to both Defendants.

11/26/80 - JURY

11/26/80 - Defendant Dean Cary retracts plea of Guilty to both counts. Defendant  Counsel present and Defendant pleads: GUILTY TO BOTH COUNTS.

11/26/80 - Oral Motion by Defendant, Michael Cochran for judgment of Acquittal as to both counts. Motion Denied. (MacInnes, J.)  [The thinking was that since it was Cary's apartment and his first offense he would get off light and it would benefit Mike.]

11/26/80 - JURY VERDICT AS TO DEFT., MICHAEL COCHRAN: GUILTY TO BOTH COUNTS.

11/2/80 - Pre-Sentence Report to be filed as to Deft. Michael Cochran, probation office notified.

11/26/80 - Continued day to day for Sentence as to Deft., Michael Cochran. (MacInnes, J.)

11/26/80 - Bail set in the amount of $25,000 with Two (2) Sureties or 50% Cash Bail. (MacInnes, J.) Defendant remanded to the County Jail in Default of Bail.

11/26/80 - Defendant Michael Cochran recognized personally in the amount of $25,000 with Derald H. Cochran of Bangor and James H. Barrows of Hampden as sureties day to day.

12/2/80 - The Court finds the bail bond Void. (The bond that was executed on 11/26/80) (MacInnes, J.)

12/2/80 - Defendant, Michael Cochran recognized personally in the amount of $25,000 with James H. Barrows and Derald H. Cochran of Bangor as Sureties to 12/3/80 at 9:30 A.M.

12/3/80 - It is adjudged that Defendant Michael Cochran is guilty of Count I: Unlawful Trafficking in scheduled x Drugs (Class C) and Count II, Unlawful Trafficking in Scheduled z Drugs (Class D) as charged and convicted.

12/3/80 - SENTENCE AS TO DEFENDANT, MICHAEL COCHRAN AS TO COUNT I: MAINE STATE PRISON FOR A TERM OF FIVE (5) YEARS, TO RUN CONCURRENTLY WITH COUNT II. (MacInnes, J.)

12/3/80 - SENTENCE AS TO DEFENDANT, MICHAEL COCHRAN AS TO COUNT II: MAINE STATE PRISON FOR A TERM OF THREE HUNDRED SIXTY (360) DAYS. TO RUN CONCURRENTLY WITH COUNT I. ( MacInnes, J.)

12/3/80 - Notice of Appeal to the Law Court filed by Defendant, Michael Cochran.

3/13/81 - Order filed. Where as appellant Michael Cochran died on February 18, 1981 and WHEREAS, the State of Maine has moved for this disposition of the above named appeal in accordance with the Law Court's opinion in State vs. Carter 299 A. 2d, 891 (Me. 1973) Now therefore, it is ORDERED as follows. 1. That the appeal be and hereby is DISMISSED, 2. That the judgment of conviction be vacated; 3. That the case be remanded to the Superior Court with instructions to dismiss the indictment (McKusick, Justice Supreme Judicial Court) Copies forwarded to the Dist. Atty. [DA David Cox] and Atty. for Deft.
 
5/29/81 - DA David Cox found Mike's father in default on the $10,000 bail bond he had on our murdered son.

6/20-21/81 - That weekend in June our local newspaper reported that Assistant DA Christopher Almy called 4 Bangor Police officers - 2 state troopers - 1 court officer -1 Penobscot County Sheriff  to the stand to testify to the states expense while searching for Mike. (Why didn't they talk with Linda the Sheriff's affidavit, from the day Mike ran from the courthouse, said she was at the courthouse with Mike.)
 
 
10/19/1981 - District Attorney David Cox did not follow the instructions to dismiss the indictment on Mike as the Justice of the Supreme Judicial Court had instructed on 3/13/8. But he dismissed an indictment for Paul Cormier Pollard for Reckless Conduct With A Dangerous Weapon (firing 5 bullets in a family resident).