Fein’s motion over evidence continues case

BANGOR – Mickey Fein appeared Thursday in 3rd District Court, where Judge Jeffrey Hjelm heard a motion from defense attorney Marvin Glazier to suppress evidence in Fein’s drunken driving case.

Fein, a junior quarterback on the University of Maine football team, was arrested last October by Orono police and charged with operating a motor vehicle under the influence of intoxicating liquor.

Thursday’s hearing afforded Glazier a forum to contest whether officers had probable cause to question Fein, put him through a series of field sobriety tests, and arrest him based on his actions.

Following two hours of testimony, Glazier asked for the chance to submit another piece of information to Hjelm. The judge decided to take the matter under advisement, and Glazier said a written decision is likely within seven to 10 days.

The case will proceed once Hjelm renders a decision.

Fein, a 21-year-old from Centerville, Mass., was among four witnesses questioned by Glazier and Penobscot County Assistant District Attorney Jim Aucoin. Orono police officers George Spencer and Cory Day and defense witness Todd Elwell, a longtime friend and UMaine teammate of Fein, also testified during the proceeding.

Fein’s parents, Leo and Susan Fein, attended the court session, as did UMaine quarterbacks coach Bob Wilder.

Under questioning by Aucoin, Fein explained he was at a party with friends on Pond Street in Orono last Oct. 18 when he left the building to get a hat out of his Jeep, which was parked along the street.

“I left the party to get a hat,” said Fein, who appeared Thursday in off-white slacks, a white shirt, a blue tie, and a navy blue sportcoat.

“The guys were kind of razzing me about the way my hair looked that night, so I went out to get the hat,” Fein explained.

Aucoin later called Fein’s hat story a little far-fetched.

“You want us to believe you went out to get the hat because your hair was a little tousled?” Aucoin asked.

“That’s kind of a nerdy thing for a football player to do,” Aucoin said later, eliciting a smile from Fein, who had remained subdued throughout the proceeding.

Officer Spencer testified he questioned Fein after seeing the Jeep back out slightly and come to a sudden stop, at an angle, in the middle of Pond Street in such a way as would prevent other vehicles from getting past it. The car’s lights then went off.

Spencer said he could not determine whether the car had been running, but Day testified the Jeep’s engine was running at the time the police car approached Fein’s vehicle.

Fein denied having started the vehicle, stating the keys remained in his pocket while he was in the car. He said the headlights were turned on inadvertantly when he hit the switch for the inside dome light in order to look for the hat.

Spencer said he approached the vehicle to question Fein and smelled alcohol after Fein rolled down his window. That prompted Spencer to put Fein through a series of three field sobriety tests.

As a result, Spencer determined Fein had failed and placed him under arrest for OUI.

Spencer said there was no vehicle parked behind Fein’s Jeep, but Elwell testified he had followed Fein to the party and had parked directly behind him on Pond Street. Glazier argued Fein could not have backed the car into the street at an angle as described by police had there been a vehicle parked directly behind the Jeep.

In court, Fein conceded he had consumed about six beers oversix or seven hours after leading UMaine to a Homecoming victory over Boston University.

However, at issue Thursday was whether the police had cause to question Fein and put him through the field sobriety tests based on their observations of the vehicle and subsequent detection of the alcohol odor in the vehicle.