I'll be home for Christmas...NOT!

After being arrested on July 10, 2024 I was forced to agree to the bail bond condition that I not go back to the home on our property which my husband had been sharing with a former friend. And I had to pay $60. 

In a Zoom hearing on December 2, I asked Judge Carrie Lithicum in Fort Kent District Court to drop the bail condition, but she wouldn't, and she transferred the case to Superior Court.

The danger in police failing to arrest me if I violate the condition of my release is that it makes them look weak, like they are not enforcing the law. The danger in arresting me for not complying with the bail condition is that it would be another wrongful arrest.

And even though it is your right to defend against a wrongful arrest, it's also dangerous. Here you can read about wrongful arrests.  

Merry Christmas, from Lewiston Maine!

 

Visit with Shane

Shane says he has never been shown the text mesage below, which I sent to his attorney, Verne Paradie, by email. Paradie hired Investigator Hank Dusenbery who I spoke with; and he confirmed that he never went to the Saint John Valley to find them, never interviewed these guys. 

My son is caught up in a system where you're guilty until proven innocent...imprisoned while waiting for counsel to be appointed. A speedy trial can take weeks, months, even years before being scheduled.  

Jail rules won't allow me to bring in any paperwork, and when I mailed the text message to Shane it was sent back to me because it's a screenshot...and they're not allowed.

I sent the screenshot and other evidence to Governor Mills, and asked for her help. She has a duty to ensure that the laws of Maine are faithfully executed. I got no reply. 

I asked for help from Maine Senator Margaret Rotundo. She put me in touch with one of her aides, named Patrick Reagan. He contacted someone at the Department of Corrections, Sam Prawer. Patrick apparently accessed the letter to Governor Mills, which contained the evidence above, and much more, and gave it to Mr. Prawer. After a few weeks without hearing from anyone, I messaged Patrick. He wrote back, saying about Sam Prawer:

He told me that there was nothing they could do. In order to change a court's decision you'd have to go back through the courts, apparently.

Blogger Wrongfully Arrested - yes, me!!!!

I was arrested on July 10, 2024, and arraigned on November 4, 2024 for the alleged crime of attempted disorderly conduct, as listed on the notice. The Docket # is AROCD-CR-2024-20209

    

I spoke briefly with Officer Lacey Merchant on July 11. She wrote a report saying she told me that Martin would be in touch with me about the messages because this was his case. 

Although Corporal Martin did on July 11 show up and let me read him the text messages the tenant sent me, he didn't make a police report. 

Yesterday, I spoke with Officer Mackenzie, a Lewiston Maine police officer. I read him the message. He said he didn't think it was a threat. Really? I didn't include the entire thread...you know the part where Kevin claims to have been shot by friends of our son. 

Kevin moved out, but my request to lift the bail condition that I not be at the home, which shouldn't have been enforceable anyway, was denied by Judge Carrie Linthicum.  

Sexual Harassment - Judge Charles Budd

You can read about the story at the Portland Press Herald, titled Sexual Harassment Complaint against former Maine judge dismissed. According to the story U.S. District Court Judge Lance Walker dismissed the case against the judge, because he said "existing law was not clear in this case."   

If you can't access that story, here's the opinion Pike v Budd at Casetext. And here's an indepth article I found at the California Law Review, titled Qualified Immunity's Flawed Foundation, written in February of 2023 by Alexander A. Reinert. From the Introduction: 

Qualified immunity—the affirmative defense available to government officials sued in damages for violations of federal law—is under renewed assault. 

Could qualified immunity be on it's way  out, or it's use be limited? 

Even though the court case against Judge Budd was dismissed, the Maine Board of Overseers of the Bar Association is taking testimony, because they can vote to suspend the judge's law license, and/or fine him. 

And here are the links to listen to the various hearings that will be held by the Board today and tomorrow by Zoom. 

There's also a hearing on November 26, regarding Attorney Daniel Feldman, who I spoke with the other day. He says he wants to quit representing certain defendants that the state owes him money for; but until they can appoint another attorney, they won't drop him from the case. 

Feldman claims he has a shared interest in the state resolving the issues in the ACLU's case Robbins v MCILS (now MCPDS) for violations of the 6th Amendment right to counsel...and he is asking to be a party in the class action case. 

Supreme Court, Congress, Media...Americans have unfavorable views of

Last month in an article at the Hill, The Supreme crisis of Chief Justice John Roberts, Jonathan Turley mentioned that a recent poll found that less than half of Americans have a favorable view of the United States Supreme Court. That's largely due to the overturning of Roe v. Wade. But we the people have even lower approval ratings for Congress which is part of the Legislative branch, at only 18%, and the media is only trusted by 32% of people, Turley reported. 

As for police, who are part of the executive branch, their approval rating is about the same as that of the justices, only about half. In U.S. Confidence in Institutions Mostly Flat, but Police Up, by Megan Brenan at Gallup:

Faith in the police fell in 2020 to 48% after George Floyd was murdered while in police custody. After increasing to 51% in 2021, confidence in the police dropped again in 2022 and dipped further last year, to a record low of 43%.

Can we agree that the tree is rotten and we need to plant a new one? 

The uneducation of America! The Supreme Court at Lewiston High School

Don't expect a decision anytime soon about the intertidial land controversy which the Maine Supreme Court heard today. Intertidal is the word used to describe the land between the low and high tide marks. Here's a Maine Public story by Kaitlyn Budion, at Maine Public: Moody Beach dispute reaches Maine Supreme Court.  The justices will probably take forever because they have to first determine if Peter Masucci et al. (and others) have standing because according to the story he's "asking the court to overturn a 1989 decision which says that private land ownership extends to the low tide mark." 

Apparently, the signs that were put up are offending people. Here's a story by AnneMarie Hilton, at the Morning Star, with photos of the signs. From Maine's highest court hears arguments for public access to intertidal land case: 

If the court clarified that intertidal land is not an easement, but rather subject to the public trust doctrine — which preserves certain natural resources for public use — Parker said they could expand the definition of “fishing, fowling and navigation” without overturning the 1989 ruling. 

That's how this issue could be resolved, according to a Maine assistant attorney general, Lauren Parker. The decision in 1989 was by the Maine Supreme Court. I don't know if the court has ever overturned one of their own decisions...that is admitted it made a mistake.    

At schools throughout Maine this week the Maine Supreme Court justices are hearing the cases so students can watch. I wanted to attend the event, but couldn't; the public wasn't invited! Upon arriving, I was asked my name by a woman with a list. I wasn't on it, so I couldn't sit and watch. 

What? I didn't have any weapons on me. There seemed to be enough space on the bleachers, though I don't know how many students were going to be attending. Nobody seemed to know that. A man who must have been with the justices and the court said it was not their policy. "An email went out to parents and others," I was told at the main office where I went to ask what the situation was.  

Do parents want their children to learn about a failing judicial system? We should get students to help develop a new justice system! The current one is too slow; and counsel, which is essential, is being denied people. One of the reasons our ancesters separated from Massachusetts over 100 years ago is that it was taking too long for people in places far north (now Maine) to have their cases heard because of the great distance from the court. 

Off duty officer in New York - lawsuit filed in road rage incident

Here's a story at the AP, about an officer who was apparently intoxicated when he crashed into cars and shot a man in the head on June 6, 2024. From the Associated Press story by Karen Mathews, on October 2, 2024:  

According to the lawsuit, Tran’s alcoholism and mental health problems were known to his police superiors and should have disqualified him from serving as an armed officer, but he was nonetheless carrying a department-issued 9mm pistol that he used to shoot Patel.

Lewiston Mass shooter's medical records - about probate court, and Judge Blaisdell

The following story explains Woman who lost husband and son uses probate process to obtain gunman's records: 

A judge on Tuesday granted Cynthia Young’s petition to become a special administrator of Robert Card’s estate so she can have legal authority to obtain the records for herself, others who lost loved ones, and attorneys preparing lawsuits. The move was not opposed by Card’s son, who is his sole heir.

If the paperwork was filed in Hancock County, there'd be no other judge to preside over the case other than Judge Blaisdell. From High court suspends Hancock County probate judge "It’s not clear yet when the four-month suspension period for Hancock County’s only probate judge will commence," and here's what Judge William Blaisdell IV did: 

The suspension stems from the Committee on Judicial Conduct finding that Blaisdell had committed three violations of the code governing judicial conduct, according to the court’s written decision. The first included failing to file federal and state income tax returns for the years 2020, 2021 and 2022; failing to pay court-ordered child support and attorney fees; and acting in contempt of the district court in a family matter in which he was a party. The second violation was failing to respond to the committee despite repeated requests to do so and finally acting with a lack of candor by asserting he’d never received the committee’s letters.

The main reason the justice system is failing - the lack of jury trials

From a story at the Portland Press Herald, titled The Maine Supreme Court asks large law firms to help with Public Defender Services. For the most part, they haven't. 

Peter Murray, a Portland-based attorney, has practiced law for 55 years. When he started as a trial lawyer, he took criminal cases even though it wasn’t his specialty. Other trial lawyers would do the same. But handling criminal cases has become “infinitely more complex in the last 50 years,” he said. Part of the reason is the numerous types of charges in a single case, Murray said. But the primary reason is cases rarely go to trial anymore. They end in plea bargains, meaning much of the criminal defense work is done outside a courtroom.

Deceased judge's chambers used for sex crimes after hours

In case you haven't heard, you can read the New York Times story Kentucky Sheriff Arrested in Shooting Death of Judge. I can't remember if I subscribe to the paper, so if you can't read it, I'm sure you'll find stories about it elsewhere.

I know I don't have a subscription to the Louisville Courier Journal so you should be able to read the following: Suit alleges Kentucky deputy forced woman to have sex in judge's chamber in lieu of fees. The story tells about abuse going on in the judge's chambers, probably without his knowledge. Two women filed a lawsuit in 2022; one has since died, apparently of an overdose.

“Plaintiff was coerced and compelled to comply with defendant Fields’ advances” given his “position and power and because she could not afford to pay for the ankle monitor and did not want to return to Letcher County Jail,” the suit says.  

From a January 10, 2024 story at The Mountain Eagle titled Ex-deputy sheriff is sentenced; one victim tells of 'nightmares' 

Fields pleaded guilty to third-degree rape, third-degree sodomy, two counts of tampering with a prisoner monitoring device and second degree perjury. The three charges related to the second woman were dismissed because she is now dead, but the civil case is continuing with her estate as plaintiff along with Adkins.

Fields will serve six months in jail and is required to register as a sex offender and complete outpatient sex offender treatment.

Ben Fields only had to serve 6 months of his sentence. Sabrina Adkins is the surviving defendant, and here's the PDF of that civil case filed 2.5 years ago, and the sheriff is named as a defendant. 

I also found this story from an NBC News story in 2018, but I don't know if it's the same man: South Carolina Deputy Ben Fields Fired After Body Slamming Student: Sheriff

The school resource officer who was caught on camera violently flipping a South Carolina high school student at her desk has been fired, authorities announced Wednesday.

Wells Maine man settles lawsuit, gets $385,000

From the Portland Press story, Lawsuit, settlement for Taser use at York jail cost nearly $800,000:

When Dunnigan sued in October 2019, he alleged that while he was at the jail, Daigneault kneeled on his chest and pressed his Taser to him for almost one minute while Cram and another officer held him down, his head bouncing against the cement floor.

Brian Dunnigan's lawyers received even more than he did, $415,000! In March of 2023 some defendants were dismissed from the case. Here's the motion granting it, and explaining what happened to Dunnigan in 2018 after he was arrested for disorderly conduct, resisting arrest, and criminal mischief at a bar in Ogunquit...charges that were later dropped. 

If Dunnigan hadn't filed the lawsuit, the charges probably wouldn't have been dropped, and he would've been jailed and/or fined. I'm wondering how he was able to pay the lawyers. Very few cases are taken on contingency, except for those that are so shocking, and in which lawyers expect a huge award when they win. 

About jury duty and disparity in sentencing

Judge Mullen was the Maine judge who gave Eric Tankerley a lenient sentence. I googled his name. Here's a story at the Press Herald regarding his frustration with jurors not showing up for jury duty, or calling in or writing to explain why.  

My son, Shane, was chosen for jury duty; however he couldn't show up because he's in prison! In Maine, prisoners can vote...so should they be allowed to be jurors? If you're supposed to be judged by a jury of your peers, and you've been incarcerated for so long that fellow inmates are your peers, doesn't that qualify them to be on the jury?

While I was reading about Mullen, I saw a story from yesterday. Compare the Sangerville woman's 3 year sentence to Eric Tankerley's 30 day one...which I blogged about earlier today. The disparity in sentencing is another problem in our justice system which doesn't often get much attention. 

 

Is intoxication a defense? Tankerley case, Francis Griffin and Jabar's broken promise

Two of Eric Tankerley's female friends were killed in the crash. From the story Moscow man to spend 30 days in jail for role in deadly 2022 car crash:

Tankerley had been indicted by a grand jury last year on two counts of manslaughter, two counts of aggravated criminal operating under the influence, and single counts of criminal speed and driving to endanger.

I have to wonder if this man has ties to someone in a position of power. I can't determine if Tankerley was appointed an attorney. It was Deputy District Attorney Francis Griffin who got him the sweetheart deal, approved by Justice Robert Mullen. Why would Mullen approve such a lenient sentence?

Griffin made a motion Monday to dismiss the first six counts and move ahead with a sentence based on Tankerley’s plea, which Superior Court Justice Robert Mullen allowed.

Many people are being killed by automobiles which are operated by people who are intoxicated, or for whatever reason are driving dangerously. Their licenses should be suspended until they're rehabilitated. 

At the website for the Maine Department of Corrections, I found Tankerley. All you need is a person's name and at you can find out if they're incarcerated and when they are expected to be released at Adult Resident/Adult Community Corrections Client Search. 

I thought I'd try to find out more about the prosecutor, and found another story at the CentralMaine website: "'Staggering' departures at Kennebec-Somerset region district attorney's office." The story is from 2012, 13 years ago, and I did discover who Griffin has a tie to:

On Thursday afternoon, Griffin took the oath of office, which was administered by his uncle, Maine Supreme Judicial Court Associate Justice Joseph M. Jabar.

And what kind of judge is or was Jabar? There's more information about Jabar in a recent story at MaineWire, in January of 2024: BREAKING: Mills to Send Moderate Maine Supreme Court Justice Jabar Packing. 

Gov. Janet Mills (D) will not be reappointing Justice Joseph M. Jabar, a longtime Maine jurist who has served in the Maine judiciary under Govs. Angus King (I), John Baldacci (D), and Paul LePage (R), according to three sources familiar with the matter.

Governor LePage reappointed Jabar after Jabar asked him to, so that he could reach 20 years of service, giving him a better retirement package. You can access the letter from that story, and from this one at NewsCenterMaine titled:Governor says Supreme Court justice is ignoring promise to retire. 

Here's a direct link to LePage's letter to the justices of the Maine Supreme Court, on 2-13-2018. 

Should we change the law to make the removal of judges easier, including those in the Supreme Court of the United States who overturn pivotal cases such as Roe v. Wade?   

Lies by Maine State Corporal Ted Martin

The entire justice system needs an overhaul! And officer misconduct is part of the problem that needs to be addressed. 

Maine Corporal Ted Martin, I'm sure has done some good so far during his brief time with Maine State Police, but his arrest of me on July 10, 2024 was definitely wrong...and he has since lied in the police report. This photo is of page 3 of 4 of the July 8 police incident report. In it Martin states that I was intoxicated! 

Nearly an entire sentence is redacted from the report; and someone made a note at the bottom of the page recommending this case be closed as not a crime...so why is the State of Maine prosecuting me? Because if they drop the case it's an admission that there was no probable cause to arrest, and that will give a civil rights case more validity and strength. 

Police misconduct is happening in all states. It was not the first, second, or third time that the officer who arrested Tyreek Hill acted inappropriately. Yet, the story says Officer Danny Torres received an "award for professionalism in May 2023." 

According to the records, the officer was accused of misconduct, force violations, and improper procedures. He was also reportedly investigated for using force at least 13 times during his service.

I just added a tab at the top of my page, regarding LAS and Karin Huffer who passed away in 2018. Also added a tab for Equal Access Advocates (EAA). There are some good videos there, one explaining about PTSD. 

How many people in the United States suffer from LAS and don't even realize it? Could it be our broken justice system is to blame for much of the violence in America?

Huffer discovered that many of the legal system's victims suffer from a variant of Post-Traumatic Stress Disorder, which she has termed "Legal Abuse Syndrome." The condition derives from the abusive and protracted litigation that many plaintiffs commonly encounter in the courts.   

Mark Cardilli Jr. Case / The Churchhill Connections

In March of 2019, Mark Cardilli Jr. shot and killed Isahak Muse. The Somali community was upset it took almost one week for an arrest to be made. After a bench trial, Cardilli was found guilty of manslaughter in the shooting of his younger sister's boyfriend in their parents' home; and he was sentenced to 7.5 years on December 27, 2019.

State of Maine v. Mark Cardilli Jr.

But did Cardilli act in self-defense... afraid he and his family would be harmed by a man who was intoxicated, refusing to leave, and who was not supposed to be in the Cardilli home in the first place? 

The presiding judge was Justice Nancy Mills, who is the governor's sister. Cardilli appealed, and after a post-conviction review, including testimony from experts on self-defense, Superior Court Justice John O'Neil ordered a new trial for Cardilli, who hadn't had effective counsel.

8-22-23 Order on Post-Conviction Review

However, the State of Maine appealed that decision to the Maine Supreme Court, and it vacated the judgement, meaning Cardilli won't get a post conviction review. 

4-11-24 Mark Cardilli Jr. v. State of Maine

You might recognize the name of one of Cardilli's attorneys: Sarah Churchhill. She was later appointed to be a judge in Androscoggin County Superior Court, 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. 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.

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? The ACLU filed a lawsuit 2.5 years ago against the MCILS (Maine Commission on Indigent Legal Services): 

Robbins v. MCILS

Maine's attorney general, Aaron Frey, was added as a defendant, but recently dismissed from the lawsuit. However, the State of Maine was added as a defendant; so exactly what is going on? 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 Commission members, and former members at their website...and one of them was Sarah Churchhill. 

Maine Commission on Public Defense Services

Can wealth buy freedom?

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.

 

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

After I had a brief encounter with my son's ex girlfriend I got 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.

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; I believe 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?  

Use of deadly force by Officer Hafford?

In 2016, Maine State Police officer Lucas Hafford shot a man who was intoxicated and wielding a knife. The man's Could the guy even stand up? Here is a report by the Attorney General of Maine on the Use of Deadly Force

Mr. Sam's blood-alcohol concentration shortly after the encounter with Officer Hafford on May 7 was 0.246%. Dr. Mark Flomenbaum, the state's chief medical examiner, later determined the cause of Mr. Sam's death to be three penetrating gunshot wounds that damaged a lung, a kidney, and the liver. 

All facts lead to the conclusion 2016Officer Hafford acted to defend himself and others from the imminent threat of unlawful use of deadly force by Mr. Sam.

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.