McLane Found Guilty

The first witness at the trial, tenant Candace Casey age 21, stated that McLane arrived and asked one of their guests attending the gathering at their apartment to speak to a tenant. He waited on the front porch until Casey, and another tenant, Sandra MacDonald, went to the door. He asked them to let him inside, and they said that he could not. He then proceeded to push Casey towards the railing of the porch and remove MacDonald’s hand from the doorknob to enter the residence. McLane ran through the apartment taking pictures of the event taking place.

The lease and a notice of understanding were read which stated that no more than ten people could occupy the apartment at one time. Casey also stated that a majority of people in attendance that night were 21, and that there was no damage done to the apartment and no noise complaint made. Since McLane believed there was an underage alcohol party going on he served the four tenants a notice of eviction before 1:00 a.m. on December 16. Also, he told them that if they paid him a $200 fine that he would forget the whole thing.

Next to testify was Sandra MacDonald age 20, another tenant involved with this case. She stated that McLane pushed Casey and moved her hand from the doorknob. It came to light in the trial that at the time she said, "Ouch Doug, you hit my arm. That hurt." The defense attorney showed her copies of the lease and had her read through them. MacDonald said that there were about 17 people at their apartment that night and that it was not out of hand in any way. She stated that there was alcohol at the residence but that many of the people drinking were 21. An editorial MacDonald had written previously for The Clock was brought up saying that she spoke about the case before it had gone to trial, even though she kept it anonymous and didn’t use anyone’s name. She ended by saying that she has a new landlord and place to live for the upcoming school year.

Kristin McGreenery age 20, the third tenant to testify, stated that she witnessed interaction between McLane, Casey and MacDonald on their front porch. McGreenery saw them arguing through their front window, but could not hear everything they were saying. McLane then entered the house. She stated that there were approximately 17 people at their house and that no damage was being done and that they were being quiet. She also stated that MacDonald had asked McLane for permission to have people over but had never submitted it to him in writing.

The final witness to testify on behalf of the State was Officer Michael Lewis, a full-time police officer of the Town of Plymouth since April of 2002. He testified that he received a 911 call from dispatch to respond to a residence of four of McLane’s female tenants. He spoke with them and then McLane about the situation approximately thirty minutes later. McLane said he was issuing an eviction notice and Officer Lewis told him that he was investigating an assault. Lewis said that McLane was upset and excited about what had happened. They spoke again three days later, and McLane said he was out patrolling his properties because he had word of many formals going on that night. Lewis stated that there were no noise complaints and that the apartment appeared to be clean and under control when he arrived. He did witness two females taking out a barrel of trash to the dumpster, but did not see the need to check it.

The final witness of the trial was Douglas McLane. His attorney went over the lease, notices distributed to all tenants about behavior and payments, and the fact that he had never given his tenants permission to have a gathering over 20 people. McLane stated that he witnessed a similar function going on at one of his properties on Russell Street before this particular one. He did not give these tenants any trouble and told them to make everyone leave. He said that the tenants of this case did not cooperate with him and used raised voices. He told them that he wanted to enter the apartment but they refused.

McLane stated that he entered the apartment anyway and took pictures to document what was going on. Many of these photographs were brought to the courts attention as exhibits. McLane spoke of past experiences in his 15 years of work as a landlord and how things get out of control. He stated that he was "in the apartment for only two minutes and counted over 40 people shoulder to shoulder."

McLane argued the Statute of Competing Harms since he felt as though people were in danger and that there was harm done to the apartment. He admitted to moving MacDonald’s hand from the doorknob. When asked by the prosecuting attorney what day of the week it was he could not remember, but claimed to have a good memory of the entire incident.

McLane also stated that "he did not feel the need to call the police" even though he believed there was underage drinking going on. He believes that the police are not necessary in a case like this. He affirmed that it wasn’t necessary because "landlords and the police have an agreement that landlords can handle things on their own. And that there is no need to bother the police."

In what may have sealed his fate McLane also told the judge, who seemed unappreciative that "the police don’t do anything anyway."

In the closing arguments McLane’s attorney stated that the State of New Hampshire must prove beyond a reasonable doubt that McLane was responsible for the assault of the two females. The prosecutor then spoke and finally Judge Samaha made his ruling. He was convicted of both charges and given two $500 fines. His fines would be suspended after one year of good behavior if he does not commit any crimes within that year only. McLane then appealed the decision and asked for a trial by jury. He is scheduled to appear in Superior Court at a later date not yet determined.