"In this appeal, we must consider the conduct of Martin Todd Cain, Appellant, who, in effect, sought to profit from the 9/11 disaster by posing as a good samaritan. Cain's conduct led a jury sitting in the Circuit Court for Wicomico County (Beckstead, J., presiding) to convict him of theft over $ 500,00 for which he was subsequently sentenced to eight years' imprisonment. On appeal, Cain asks:"
"FACTUAL SUMMARY
Following the terrorist attacks of September 11, 2001, appellant, who owned Cain Concrete Imprints ("CCI") in Salisbury, Maryland, purportedly sought to assist with the relief efforts in New York City. According to Dawn Mitchell, the news director for WMDT Television, Channel 47, appellant contacted the television station on September 11, 2001, and asked "us to do a news story on his efforts to contribute to the tragedy that happened that very morning…." He explained [*2] that "he was collecting donations, any type of thing that could be of assistance to the 9/11 fund and efforts to get everything up to New York." Mitchell testified that the story aired on three newscasts that evening.
As part of the story, appellant was interviewed on camera and viewers were told to send donations to CCI. The address and telephone number for CCI were also provided. The following day, September 12, 2001, viewers were told to send donations to Hebron Savings Bank.
Elsie Campbell, a retiree, testified that, after she saw the story about Cain on Channel 47, she mailed a donation to CCI "for the clean-up of the World Trade Center." Her donation, a check for $ 100, was dated September 12, 2001, and made payable to "Cain Concrete." Campbell explained that she sent the money, which was never refunded, because she "just felt so bad." She added that she never intended for appellant or CCI "to have that money." Ms. Campbell's check, drawn on an account with her husband, bears the following notation on the memo line: "Clean up of World Trade Center."
Dorothy Hudson, another retiree, testified that she sent a donation of $ 100 for the relief effort in New York, by way of a check [*3] drawn on a joint bank account with her husband. She sent her check, dated September 12, 2001, and made payable to "Cain Construction," after she "heard [about] it on TV…." Hudson explained that the money was intended to "help with the 9/11 disaster" in New York. Her check, which was not returned, bears the notation, "Disaster Fund N.Y.""
Source of Martin Cain Post
http://www.lexisone.com/lx1/caselaw/freecaselaw?action=OCLGetCaseDetail&format=FULL&sourceID=bdiicb&searchTerm=eHjK.jTCa.aadj.ecdU&searchFlag=y&l1loc=FCLOW
Friday, September 16, 2011
martin todd cain Googled Salisbury, Maryland,
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