Mark Cardilli Case / The Churchhill Connections

After a bench trial with Justice Nancy Mills (the governor's sister) Mark Cardilli was sentenced to 7.5 years for shooting and killing his sister's boyfriend. However, was it self defense? After a post-conviction review, including testimony from experts on self-defense experts, Superior Court Justice John O'Neil ordered a new trial for Cardilli, saying he didn't have effective counsel.

However, the State of Maine appealed that decision to the Maine Supreme Court, which vacated the judgement! You might recognize the name of one of Cardilli's attorneys: Sarah Churchhill. She was later appointed to be a judge, and realeased a dangerous man on $1500 bail. He ended up in a stand off in Auburn on Father's Day weekend and was shot and killed. Two homes were burned and inside one, a body was found. 

Governor Mills didn't agree with Churchhill's release of Leein Hinckley, or maybe just thought his bail shouldn't have been lowered to something he could afford. From this Sun Journal story:

“In my view, given the severity of the charges, the defendant’s criminal history and the serious danger he posed, these important, competing interests were not properly balanced in this case,” Mills wrote.

One competing interest which should not exist: the accused's ability to post cash bail. The governor said the judge could've appointed an attorney to Leein Hinkley. Doesn't Governor Mills know there's a lack of attorney's in Maine? 

I mean the ACLU filed a lawsuit 2.5 years ago against the MCILS (Maine Commission on Indigent Legal Services), which the attorney general was later added to. And just a few weeks ago, the entire government of the State of Maine was made a defendant. You can read about Robbins v. MCILS here.  

The name of the Commission has been changed to MCPDS, (Maine Commission on Public Defense Services). Oh geez, I just looked at the list of the Commssion members, and former members...one of them was Sarah Churchhill. 

Aroostook County man seeks new trial - blames attorneys

I wish the news was about Shane, but it's not. James Paul Peaslee was convicted of murdering his stepfather in Bridgewater in 2018. In small towns, judges and those who make decisions which greatly impact people's lives, are bound to have ties to people who appear in their courts. That doesn't mean they won't rule fairly.

From a story at The County

As his testimony moved on, Peaslee said that on the first day of his murder trial, the presiding judge, Justice Harold Stewart II, said that he was related to a key witness for the prosecution. 

Will the conflict of interest and carelessness of his lawyers get Peaslee a new trial? If there's enough evidence to prove his guilt beyond a reasonable doubt, should he get a new trial? In Texas, a man's lawyer slept during parts of the murder trial! 

There was conflict of interest in my case against former Sporting Club Restaurant owners Deb and Ken Martin...also presided over by Justice Harold Stewart II. You can use keywords in the search bar to locate the old blog posts that explains why I filed the lawsuit.

The conflict was this: before Stewart presided over my case, he practiced law in Presque Isle, and so did the defendants' lawyer, Norman Trask. In a letter, Trask recommended Stewart and another attorney to me for mediation; however, because the Maine Human Rights Commission had already reviewed my complaint, I wasn't required to mediate. And, because the defendants showed no interest in settling the matter, I chose not to.   

I filed the complaint in Superior Court of Aroostook County in 2013 after the Maine Human Rights Commission investigated and found No Reasonable Grounds (NRG) to believe that discrimination had occurred. They dismiss 95% of complaints they get. Just click on any pdf file of the meeting minutes at their website and scroll down to the end. You'll see that nearly almost all cases end in NRG...that is in favor of the respondent. 

Anyway, Justice Hunter had presided over the case, but Stewart became a judge and took it when Justice Hunter retired in 2016. As the deadline to file my request for discovery approached, I was anxious because I had no lawyer and no idea how to do it. Then, the defendants' lawyer sent me discovery requests, which I answered and used as a guide to write mine. 

To prove that I received less of the pooled tips than other workers, I needed the paystubs of the co-workers who worked the same shifts I did. I requested that, but defendants failed to provide it. I immediately filed a request for a hearing on the discovery dispute. Then Stewart dismissed my complaint, citing an incorrect deadline for filing the complaint; this was something which Judge Hunter had already addressed in my favor! Stewart then called my request for the hearing "moot." 

 

Selectboard Meeting 8/21/24 at 3:30 pm - I'll tell about the wrongful arrests

Being held at the town office in Saint Agatha, Maine.

I only got confirmation, the agenda, and the zoom link last night. 

Click here to be taken directly to the Zoom meeting. Or copy and past link below:

https://us02web.zoom.us/j/88323736707?pwd=kxoZQssuQMyYKoKbLSPmFhpukkvdso.1#success

Period of Public Participation

Call to Order 

Consent Agenda

Article 1: To consider the meeting minutes of 7/17/24

Article 2: To consider the general ledger report, revenue report, and expense summaries of the period ending 7/31/24

New Business

Article 3: To discuss Mrs. Michaud’s concerns

Article 4: To discuss future dumping sites

Old Business

Article 5: Update on the K of C repairs

Article 6: Update on road work

Other Business

Adjourn

townmanager@stagatha.com	Aug 20, 2024, 4:47 PM (21 hours ago)
to Megan, me

Here you go! Paula was well aware of the date of the meeting. I told her weeks ago when it was. 

 

I can either call her and put her on speaker phone, or we can Zoom. I would prefer Zoom; please see the attached link.

 

https://us02web.zoom.us/j/88323736707?pwd=kxoZQssuQMyYKoKbLSPmFhpukkvdso.1

 

Michelle Bernier,

Town Manager

Co-defendants acquitted in June 2024 - one dies, other is missing

Bill Gates is not dead... Mike Lynch might be, he's missing after his yacht sank. And two days later, his co-defendant Stephen Chamberlain, was hit by a vehicle while running and died. According to this story:

"He and Lynch were both facing up to two decades behind bars if they were convicted of numerous fraud charges linked to the sale of Autonomy to Hewlett-Packard for $11billion (£8.64billion) back in 2011."

Quoting from the story they were "accused of scheming to inflate the company's value before it was sold"... like what Donald Trump did and got convicted of in New York. Lynch and Chamberlain were acquitted by a San Francisco jury in June of 2024. The story also said this:

"The businessman, who was facing up to two decades behind bars if convicted, said he was 'elated' after being cleared of the charges, but told the BBC he only managed it because of his staggering wealth."

Man arrested in Auburn for assaulting teen, robbery, drugs - released!

Read the story here! 

He was taken to the Androscoggin County Jail with his bail set at $10,000. “Jolicoeur posted bail and has since been released from jail,” said police.

 I just added a tab regarding bail reform.

 

Fire Chief gets off easy on three felony charges

From the story Former Maine Fire Chief pleads to reduced charges in fraud case: 

He had been charged with forgery, theft, and aggravated criminal invasion of computer privacy, all of which are felonies. But those charges were dismissed as part of a plea agreement he reached with the Hancock County District Attorney’s Office.

The town of Gouldsboro didn't fire him, he resigned and was hired by the town of Winter Harbor last fall, but was soon fired when they learned of the charges. I'm not surprised that Tatum McLean got no jail time. The plea was accepted by Justice Harold (Hal) Stewart II. 

Stewart, in 2016 dismissed a case I had in Caribou Superior Court; use my search bar to read more. I had been denied an equal share of pooled tips when I was a waitress at Long Lake Sporting Club for a short time; and, as well I wasn't paid for a few hours I worked simply because nobody had come to eat that night...also clearly illegal. The Maine Human Rights Commission failed me as well as the Superior Court. 

11-10-23 Interview with Maine Commissioner of Prisons Randall Liberty

Patrisha McLean interviews the Maine Commissioner of Prisons, Randall Liberty.   

At 34:30 he says bail shouldn't be based on someone's wealth, but on the threat level.

The address for Shane in case anyone wants to write him:

Shane Michaud # 72847
807 Cushing Road, 
Warren, Maine 04864-4600

You can deposit funds for commissary. You need an inmate's MDOC # and date of birth in order to send it. 

Shane's info is MDOC #72847 and D.O.B. 9-24-88. 

There are certain rules to follow if you write, like no colored paper. Only blue or black ink, etc... click here for the rules first.  

The rules for visiting are there too. Shane calls me about once a week. He gets a free 5 minute phone call. Why they don't allow prisoners more phone time is... well it's criminal! Hearing from family and friends is important to rehabilitation and to prisoners' morale.

The Morning after...Officer Brian Collamore

In the photo in my last post, you see my grandson's mother about to call police.  My grandson is in the photo too, but you can only see his sneakers. After our interaction - which you can read about in that post - I received a phone call from Officer Brian Collamore: but Pete and I were in jail, visiting Shane, so he left me a voice message. I didn't return the call that day, and on Sunday morning I was visited by a Lewiston police officer who told me that I needed to call Waldoboro police. 

I called, we spoke, and he asked me what the heck happened Saturday. He accused me of harrassing Andrea, and said he was fed up. Collamore said he couldn't officially ban me from Waldoboro but that I had no business being there. It's Andrea's false claims that he should be fed up with. You see after a PFA - wrongly granted by Judge Geoffrey Rushlau -  expired she attempted to get another, but Judge Brent Davis denied it. Pete had come with me to court, and as we drove home, I called the school to find out if there were any upcoming activities I could attend. I mentioned that I was being kept away from my grandchildren by their mother. I requested to speak with Beth, school counselor, but was told she was busy and would return my call. She never returned my call, and the conversation resulted in a phone call to police or to Andrea who then called police. 

Officer Collamore is listed here, as a patrolman for Waldoboro Police Department. He was awfully rude to me. I recognize the name of a reserve officer listed there as well, Justin Hills. I found paperwork in Shane's room shortly after he was arrested for shooting Justin Steggall. He had just been served by Justin Hills, with a violation of the protection order which Andrea had succeeded in adding the children to; she won by default when Shane failed to appear. So when he texted Andrea about something other than arranging visits with the children, she called police. Months earlier she was ignoring both of us; and I had urged Shane to write to the court and ask for there to be designated days he could have the children...but he hadn't done that. Justin Hills is also the Shellfish Warden. Hmmm, Andrea's new boyfriend and father of her youngest son is a lobsterman. Does Hills know him, how well?  

Waldoboro Day - Happy Father's Day Shane!

We went to Waldoboro before going to visit Shane at the Maine prison in Warren yesterday afternoon. There was an event going on, Waldoboro Day...taking place at the Miller School where two of my four grandchildren attend. Pete and I have not seen our grandsons or heard their voices in about three years. Their mother is Andrea Picard.

As luck would have it, as we arrived I saw my now 10 year old grandson walking down the street with his mother on their way out of the event. I didn't see his younger brother, but Andrea was pushing a stroller, which I assume the boys' stepbrother was in.

While my husband went to park, I got out of the car, and proceded to jog down the street so we could connect before approaching the main road. As soon as she saw me she began dialing police apparently. She didn't have to do that, as there was a game warden more or less escorting me. He he had been parked at the entrance of the event...and noticed me heading in that direction a bit hurriedly. 

I hollered out to my grandson that his father is in jail... but that he loves him and his brother, and that we love them too. While waiting for Pete to come and get me, I spoke with the game warden, and Andrea simply strolled away. 

Maine prisoners launch hunger strike

I just found out that some of the inmates began protesting conditions there in Warren on Thursday! By Evan Popp, Maine State Prison residents launch hunger strike over conditions they call solitary confinement. 

Shane has stated at times he's only allowed out for a very short time each day, due to staff shortages apparently. 

Randall Liberty is the Commissioner at the state prison, and fairly new at that job; however, was previously the warden there. Liberty was a guest on the Maine podcast "Let's Talk About It".  

I might write to him. Criminal defendants who are facing jail time, and those who are already incarcerated while waiting for their "speedy trial" have a constitutional right to have counsel, effective counsel, appointed to them...and Maine is being sued for failing to provide it.

And according to a Portland Press Herald story: ‘It’s incredibly stressful:’ Aroostook defendants say weeks spent without attorneys makes defense impossible. Yeah there are even fewer lawyers there. Maybe that's because in 2008 and 2010 the Maine Supreme Court crushed Husson College in Bangor's hope of educating students to become lawyers. 

It all boils down to the American Bar Association's strict position/policy, whatever: they want professors to be tenured. And Husson stopped giving lifetime appointments to professors long ago. 

Attorney General Aaron Frey said he wasn't familiar with the Maine Supreme Court rulings, when I mentioned it during an interview Jennifer Rooks conducted with him on Maine Calling last Thursday. I was the last caller to speak. 

It will be of little avail to the poeple that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read or so incoherent that they cannot be understood. 

                                                      ~James Madison

Portland Press Herald: ‘It’s incredibly stressful:’ Aroostook defendants say weeks spent without attorneys makes defense impossible

Shane sentenced - 9 years

St. Agatha man involved in 2022 shooting to serve nine years in prison...and 6 years probation. 

The shooting occured at around 5:30 a.m. Do you think they were just waking up? When I discovered the name of the individual who Shane allegedly shot, I googled his name: Justin Steggall. 

Caribou Criminal Docket, July 2019

Justin L. Steggall, 24, Van Buren: motor vehicle speeding, 30-plus mph over the speed limit, 60 days in jail; failing to stop for an officer, 60 days in jail; driving to endanger, 60 days in jail, license suspended 30 days, $575 fine; operating while license suspended or revoked, prior, 60 days in jail, $500 fine.

Caribou Criminal Docket – February 2022

Justin L. Steggall, 26, Van Buren: Operating after habitual offender revocation, $1,000 fine; six months in jail; violating condition of release, 30 days in jail.

Justin L. Steggall, 26, Van Buren: Violating condition of release, 30 days in jail; permit unlawful use, $150 fine.

Justin L. Steggall, 26, Van Buren: Unlawful possession of methamphetamine, $400 fine, nine months one day in prison; violating condition of release, 30 days in jail.

So, if he was sentenced and served 9 months, he would have just been released when the shooting occured in November of 2022. He was indicted again, in May of 2023, well after the shooting. 

Grand Jury hands up May indictments 

Justin L. Steggall, 27, Limestone: aggravated operating after habitual offender revocation (three counts), eluding an officer, operating after revocation, criminal speed, driving to endanger and operating an unregistered vehicle.

Disenfranchised? Not ME

Texas appeals court overturns Crystal Mason’s conviction, 5-year sentence for illegal voting

“We are relieved for Ms. Mason, who has waited for too long with uncertainty about whether she would be imprisoned and separated from her family for five years simply for trying to do her civic duty,” said Thomas Buser-Clancy, senior staff attorney for the ACLU of Texas. 

Maine and Vermont are the only two states where anyone can vote. Other states prohibit prisoners, or individuals who've been convicted of certain felonies from voting; the total of disenfranchised individuals is 5.85 million.

Maine and Vermont are also the safest...although if you were to factor in corruption by government and local officials, judges, etc., I'm sure Maine would not rank as highly.

Here's a report from the Business Insider: The 20 safest states in the US, ranked

Investigation into Lewiston mass shooting

Who was Robert Card? Confirmed details on Maine gunman

Governor Mills established an Independent Commission to investigate the Lewiston mass shooting (ICL) last fall after there were apparent failures by law enforcement and other individuals who may have held the key to prevention. 

The Commission held its first public hearing on November 20, 2023 and I attended. I got the opportunity to speak, and took it. The meetings were recorded and are available at the Maine government webpage for the Commission. I come in at around 10:35 a.m.  

The Commission is chaired by Daniel Wathen, a former chief justice of the Maine Supreme Judicial Court. Wathen is from Aroostook County, like me. Easton being his home town, it's just a few miles from where the sun first rises in the United States; depending on the time of year, it's Cadillac Mountain or Mars Hill. 

Even open government laws like the Sunshine Act have some exceptions. And when oversight exists it's often unrushed and/or unproductive, or self-policed by the actual individual complained about, or by those with close ties to them.

When I began to voice my dissatisfaction with certain past decisions made by the Commission members who are former judicial officers of Maine courts, Wathen tried to silence me, saying it was irrelevant. 

The ability to hold judges, lawyers, law enforcement officers, and other government employees accountable for blatant and harmful decisions is relevant to the investigation, and to the work the public expects of the Commission. 

I mentioned the case Kingsbury v. Forbes, which was a 1998 Maine Supreme Court decision, which got there after it was dismissed, maybe with prejudice, in superior court; I can't remember. The dissent (disagreement) in the case was written by Justice Dana, and Justices Roberts and Clifford agreed with it; here's the last of three paragraphs of the dissent. Daniel Wathen, chair of the ICL, was the chief justice then and in the majority decision:  

Kingsbury v. Forbes (1998)

[¶ 11] A pro se party who has complied with the requirements of the rules and reasonably has placed the responsibility for the next step in the proceedings in the hands of the court, in my opinion, has demonstrated the good cause necessary to prevent dismissal pursuant to M.R.Civ.P. 41(b). Holding pro se litigants involved in small claims actions to the technical requirements of Rule 41(b) in circumstances where the court system has failed to fulfill its own responsibilities defeats the goal of providing a litigant-friendly procedure to resolve small claims disputes. I would therefore vacate the judgment of the Superior Court. 

As for Gorman, she's ruled against me and members of my family, violating our rights of due process of the law. You'll find my past posts regarding her by using the search bar in the top left corner of my blog's homepage.

Regarding Rushlau, read this: Former Lincoln County Employee Settles Sexual Harassment Lawsuit. According to the Bangor Daily News story, Chastity Krah was a victim witness advocate who in 2016 sued multiple individuals including Geoffrey Rushlau, who was then District Attorney for four Maine counties. 

Rushlau forced her to resign in December 2014 under false and misleading pretenses

I believe that between the time the lawsuit was filed and settlements were reached, is when then-governor Paul LePage appointed and the Maine Senate confirmed Rushlau to the District Court in Wiscasset...lucky me. 

Wiscasset District Court is where I had to go to try to defend myself in May of 2022 against false claims of harassment (WISDC-PA-2022-00071) by my son's ex-girlfriend, Andrea Picard. Rushlau granted her a  Protection from Abuse order. 

In the meeting, I mention how Andrea imprisoned me: restrained my movement by leaving her children with me when I hadn't agreed to supervise and couldn't reach her for days. Shane wasn't always able to care for them when he lived with us due to his drug use. I could've applied for a protection order against her, but didn't. She later moved to Waldoboro with her new boyfriend, whose parents live nearby; and she has kept Pete and I from our grandsons for almost three years now. 

Andrea had also placed a PFA on Shane, who is now incarcerated after an altercation of some sort with Justin Steggall. I'll write about that in another post; this one is already too long.

My four grandchildren in 2020, when we took them to Aroostook County to visit my relatives, and hers! 

Shocking Announcement

Sergeant criticized for handling of Robert Card prior to mass shooting running against sheriff.

Sergeant faulted for actions before Maine mass shooting is running for sheriff.

Sorry, I'm speechless. 

Parents convicted of involuntary manslaughter

There's some eerily similar facts in the Crumbley case, to the Maine mass shooting last fall in Lewiston. Ethan Crumbley's mother and father were charged with involuntary manslaughter in Oakland County, Michigan, and convicted in February and March, 2024:

From an NBC news story about the Crumbleys by Eric Ortiz and Corky Siemaszko

While neither James nor Jennifer Crumbley knew their son Ethan was plotting a deadly attack at his high school, they both failed in their legal responsibilities to help prevent it.

Here's what the Commission investigating the mass shooting in Lewiston last fall in which 18 people were killed, stated in it's 30 page Initial Interim Report a few days ago. 

The Commission is unanimous in finding that in September 2023, the Sagadahoc County Sheriff’s Office (hereinafter SCSO) had sufficient probable cause to take Robert Card Jr. into protective custody under Maine’s Yellow Flag1 law and to remove his firearms and that the SCSO had probable cause to believe that Mr. Card posed a likelihood of serious harm. 

When public safety officials who we're paying to protect us fail in their duties... to be continued.

Kentucky ruling favors felons

From Judge dismisses gun charge against convicted felon; ruled as unconstitutional (WAVE, 3/15/24) by Natalia Martinez:

Prohibiting a convicted felon from possessing a gun is unconstitutional, according to a Jefferson County Circuit Court Judge’s ruling

Martinez reports the defendant, Jecory Frazier, "has been in and out of custody on a number of cases." 

The problem is many people are being released from jails and prisons though they are dangerous, despite they might not ever have been labeled a "felon." Without the proper supports to make changes in their environments when released, some revert to their former life of crime.

On the other hand many people who've committed non-violent crimes which have been classified as felonies, have been stripped of their gun rights. If you are a marijuana user you must report that on question 21 f of the U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives' form 4473; and if you admit it, I believe your application would be denied. 

The federal "Firearms Transaction Record" as revised in August of 2023 is 7 pages, including about 4 pages of disclosures and explanations. 

 

2018 Maine settlement involved "more than a dozen police officers and prosecutors."

From the Portland Press Herald story

Former Gouldsboro resident Vladek Filler already reached a $375,000 settlement against more than a dozen police officers and prosecutors.

If you can't access that story because you don't have a subscription to the Portland Maine newspaper, here's a link to Filler's story at the National Registry of Exonerations.

And a summary at the website for WABI 5

In 2011, I blogged about this, and tried to help. You can use the search bar; use the keywords Filler petition.

A Jab at the Bar

Abraham Lincoln was a self-taught lawyer. How ironic, that The Maine Supreme Judicial Court - if Lincoln was alive today - would not allow him to practice law in Maine. States that do allow students to practice law, who've graduate from non-ABA-accredited schools, limit the cases they can litigate. An article at the Cleveland State University, tells what some of the pros and cons are:  

The short-term benefits of attending unaccredited law schools are outweighed by the realities of the legal profession. The National Conference of Bar Examiners (NCBEX) found that 23 states and territories required completion of ABA-accredited law degrees for bar exam eligibility. Graduates of non-ABA accredited law schools limit where they can practice law from the start.

It's not like an individual is going to behave in a more ethical manner if he graduates from an ABA-accredited school than one who hasn't.

I was reading some of the decisions by The Maine Board of Bar Examiners today. One applicant, who wanted to practice law in Maine, had fraudulently married a man in 2010 so that he could stay in the United States: immigration fraud. She divorced him in 2013 so she could marry her boyfriend. I had to laugh when I read the following in the Board's decision on May 23, 2023 decision denying certification: 

When asked at hearing whether it was accurate to describe herself as being fully cooperative with police in light of her removal of the handcuffs, Ms. McGonagle testified that it would have been uncooperative if police had specifically told her not to remove the handcuffs. 

Now that's the kind of response I'd expect from a lawyer, and I might even hire her... and fire the police officer who didn't properly apply the handcuffs. 

The Board is sympathetic to those who have remorse and who have changed their ways. Apparently, the reason the Board denied McGonagle's application for a Certificate of Qualification on May 12, 2023:  

At every turn since 2010, Ms. McGonagle chose deception over candor. 

Despite her past, she'd been hired to work as a law clerk in Superior Court of York County, for two justices. When interviewed for the position in 2020 she wasn't asked about her past evidently. And in the summer of 2021 Allison took the Bar exam and passed it. 

Being of good moral character a supposed necessity to practice law in Maine, Allison appealed the Board's decision; she did that within days of getting their decision. Efficiency is a good skill for an attorney to have.

On August 31 a hearing was held, and on September 25, 2023 Justice Joseph Jabar remanded the case to the Board for issuance of a Certificate of Qualification! Surely having the two justices she clerked for, Mulhern and Douglas, testify on her behalf influenced the decision by the Maine Supreme Court justice.

The Elusive Safety Committee - Lewiston, Maine

The Commission investigating the Lewiston Maine mass shooting (ICL) met again on March 4. I attended and listened to the stories of victims who survived, and family members and friends of those who didn't. They want answers, so something like this doesn't happen again...and solutions.

I've been trying to find out the status of the safety committee which Mayor Sheline formed last fall, before the mass shooting. Just before the committee was formed there was an incident at the library which is located downtown, near City Hall. 

Lewiston officials: Library secure after employee assaulted 

I want to participate in the meetings. Nobody has returned my phone calls, despite that I've left messages a few times.

The mayor was at the March 4 ICL meeting. Before it got underway, he walked over to where I had just sat. I gave him a business card for my cleaning business, PJM Cleaning; and I wrote the name of this blog on the back. I told him that I've had some interactions with Lewiston police lately...and some were not good. I couldn't go into details. 

After the meeting, which lasted from 9 am until 1 pm, I walked around the room asking who I should contact about the going-ons of the Safety Committee. A man pointed to Brian O'Malley. He's the Deputy City Administrator for Lewiston, and the man said, a former police chief of Lewiston. 

I approached O'Malley, tried to speak with him about the safety committee, and offered my card; but he would not take it, and couldn't get away fast enough. It appears that the public didn't want law enforcement involved, but they were later included. It doesn't matter because they aren't holding any meetings anyway. 

Lewiston police union president speaks out against mayor's advisory committee

Under new City Council, Lewiston staff to serve on mayor’s community safety committee

Lewiston officials say public library is secure after employee assaul

"Speedy Trial" Act

The 131st Maine Legislature

Legislative Document LD 1771 - An Act Regarding Speedy Trials

From the Summary of the bill:

This bill establishes time limits for the commencement of a defendant's criminal trial and provides remedies for when the time limits have been violated.

The Legal Director for the ACLU of Maine, Carol Garvan, supports the bill. Ten other individuals gave testimony to the Joint Standing Committee on Judiciary, on May 10, 2023. You can read those here.

The only person who was neither for or against the bill was Andrea Mancuso, Public Policy Director of the Maine Coalition to End Domestic Violence (MCEDV). And I agree with her. You can read her testimony here.

Passing the bill isn't going to guarantee that the constitutional rights of indigent criminal defendants don't get violated. There's been a lack of private attorneys willing to take on such cases in Maine for many years. A public defender's office was finally funded, and opened late in 2023; I learned about The Capital Region Public Defender's Office at Maine Public's website.

However, constitutional rights are being violated in other ways, such as flawed police arrests and investigations, prosecutors and attorneys holding back exculpatory evidence, plea bargains made under duress (all of them are actually), and uneducated, uninformed and/or dishonest jurors convicting defendants. 

The entire justice system needs overhauling. Rules are different depending on a person's wealth! Yes cash bail discriminates against the poor. Here are a few interesting reads about bail and bail reform:

Which President Got a Speeding Ticket on a Horse?

Why Has the Bail Reform Act Not Been Adopted by the State Systems?

And violations of due process of the law certainly exist in small claims cases and civil trials as well as in criminal cases and trials.

While I think the current crisis needs a solution, I don't agree the solution is to just set the accused free without the possibility of ever being tried for the alleged crime. If you scroll to the bottom of LD 1771, you'll see that's the proposed remedy.

§1493. Remedy for noncompliance with time limit

If a trial does not commence within the time established by statute, the case shall be dismissed with prejudice.

Robbins v. MCILS - ACLU lawsuit

At the website of the American Civil Liberties Union you'll find the complaint, as well as motions and orders, in pdf form, regarding the lawsuit in Maine which was granted class-action status in 2022.

Under the heading "Take Action" if you scroll to the bottom of the ACLU's webpage, there are topics you can click on and send prewritten letters by email to lawmakers.

In August, 2023 the Portland Press Herald reported that the ACLU and the Commission (MCILS) tasked with providing legal counsel to indigent defendants, had reached a deal. However, it didn't get approved by Justice Micaela Murphy. In September of 2023 under the story "Judge rejects proposed deal on indigent defense lawyers"

The agreement notably goes beyond the commission’s direct control, relying heavily on outside cooperation from court officials, state lawmakers and county jails. Much of the settlement depends on the commission “successfully advocating” for increased resources and support.

“I just don’t know what that means,” she said. “Does that mean you have to bring sleeping bags to the appropriations table?

If Husson College's law students had been allowed to take the Bar exam and practice law in Maine, even though professors at the college located in Bangor were not tenured, maybe there would not be this shortage of attorneys in Maine. From a March 4, 2010 story by Judy Harrison at the Bangor Daily News website, titled Supreme court rejects Husson law school’s application

In its proposal to the supreme court, representatives from Husson said its law school would cater to nontraditional students, offer courses at night and during the day, and allow students to attend part time. As of Thursday, Husson had received 192 inquiries from potential students, mostly from northern and eastern Maine, said Julie Green, Husson’s spokeswoman.

In 1963 The Supreme Court of the United States decided a case, Gideon v. Wainright. That case expanded legal assistance, to criminally charged defendants who could not afford counsel, not only in federal cases, but in state courts. At the American Bar Association's website, from a story in 2008 titled Access to Justice: Is Civil Gideon A Piece of the Puzzle? it's revealed that the ABA has known for thirty years what a problem we have in the United States, regarding the lack of legal aid in civil cases as well as criminal ones. 

 

...a 1994 ABA study that found that about four of every five civil legal needs for low-income families were not being met. Several subsequent state surveys found similar results.

"No peace can exist without justice" Alaska Judge Anna Von Reitz

Not all judges are evil. From Judge Von Reitz's Introduction:

"I am a Great-grandma from Big Lake, Alaska, who can read and think like millions of other Americans and for whatever reasons-- mostly a 17 year-long battle with the IRS--I decided to research the mess this country is in and how we got here."

I love the name of one of her books... America: Some Assembly Required. At her Home Page, you'll find over 2300 articles on a variety of topics relating to politics, the government, and law...and lawlessness.

Form 4473 - and the "Felon" label

The new form 4473 apparently makes it a crime to purchase a gun if you use marijuana. If marijuana users aren't allowed to purchase guns, does that mean law enforcement can take a gun or guns away from someone if they know that individual uses marijuana? Here's a link to a Portland Press story about the new form 4473.

Law-abiding citizens who turn in their guns, or don't purchase them because of this new question on the form 4473, will be helpless against the real criminals. Anyone can get a gun, whether it be through a friend, or through a failed background check as shown below. My husband, Pete, had been labeled a felon, due to a conviction in 1981, but was still approved in 2003 to purchase a gun.

He also purchased guns at K-Mart, Joe Jones, and other dealers. The "felon" label never goes away in Maine, unless you apply for a pardon and it's granted. The state arbitrarily preys upon those who, though they may have made mistakes in the past, might have changed.

Double Jeopardy...or worse.

Maine Game Wardens assisted by other law enforcement officials in April of 2011, raided our home and seized our family's guns, all because of Pete's decades old conviction in 1981 when he was 19 years old. That's like double jeopardy (prosecution twice for the same offense), except you don't get tried the second time...just convicted.

I asked for Intervenor status. Any firearms purchased during our mariage were marital property. Also, I thought it a good idea for Pete to have a Frank's hearing to challenge the search warrant. Law enforcement also took guns that belonged to our sons, which we kept in our safe until needed during hunting season. 

A hearing regarding my request to have intervenor status was scheduled in 2013; however I was not notified! Since Pete wanted to get things over with, he never told me, and neither he or his court-appointed attorney went to the hearing, so my motion was dismissed. Pete ended up agreeing to a plea bargain for the supposed crime of being a felon in possession of firearms. He spent a week in jail, lost his guns to the state, has to pay a fine (put on a payment plan), and probably has another felony on his record. 

Form 4473 (Firearms Transaction Record) has a question on it, 11.e., which asks the applicant if they use marijuana. Despite that your state may have legalized it for recreational use, or even if you have been prescribed it for medical use, you will not be able to legally purchase a gun if you admit to using marijuana. The Bureau of Alcohol, Tobacco and Firearms and Explosives (ATF) explains to Federal Firearms Licencees in this open letter in 2011.

Hazel-Atlas Glass Co. vs. Harford Glass Co.

I previously blogged about an employer who lied to the Maine Department of Labor during an interview regarding unemployment benefits. He said I had quit. I didn't quit...I was wrongfully terminated. 

The Unemployment Commission on January 31, 2017, affirmed the decision of the Office of Administrative Hearings, which had affirmed the decision of the Bureau of Labor...or whatever. They're all birds of a feather, and they flock together. By now I know the chances of getting justice if you are just an average Joe or Joann are pretty slim. I've asked for a reconsideration regardless. 

I have 6 months from the date of the alleged violations of employment law, to file a complaint with the EEOC. That deadline will come around the end of March. 

Anyway, there is no deadline to get a decision reversed if someone lies in court, or to a government agency like the Maine Department of Labor. Here's a Wikipedia article about the Supreme Court case Hazel-Atlas Glass Co. v. Hartford-Empire Co. which affirmed that. However, most people even if they're sure the law is on their side, can't afford the high cost of litigation.

.