Counterman - Free speech or True Threat?

It was while watching a public testimony on bills in the Criminal Justice Committee at the capital in April of 2026, that I first learned about the 2023 U.S. Supreme Court case Counterman v. Colorado; members were discussing if changes to Maine statutes needed to be made regarding mens rea (intent) in criminal cases. The discussion regarding it begins around 5:15:00.

Counterman changed the standard from "recklessly" to "intentionally or knowingly" believe an individual's behavior would cause harm. The changes should have made my defense against the stalking charges even stronger.

Katherine MacCrae, an Assistant District Attorney in Androscoggin County, who had argued for the state in the appeal of the decision in State of Maine v. Jacob Labbe, was explaining that slight changes should be made to Maine statutes to reflect the decision in Counterman. Labbe lost his appeal.

However, there were two other cases mentioned in the legislative meeting. The Counterman decision was used by Hasahn Carter to beat two of the charges against him during the 4 day jury trial. I recognized the name of the lawyer representing him: Michelle King.

The first time I spoke with Michelle, she wouldn't take Shane's Post Conviction Review (PCR), but when I called her again six months later she'd agree to take it. The state of Maine doesn't appoint you an attorney for a PCR, but if you find one that is on the roster of the MCPDS, they can represent you and the MCPDS should pay. However, Shane later dropped the PCR, afraid that the judge who sentenced him, Nelson in Aroostook County, would add time to his sentence...to send a message!

I did feel Shane was sentenced more harshly (9 years) than he would have been if the evidence of self-defense that I provided to his attorney had been investigated and presented to a jury, or judge...just not Judge Stephen Nelson, who blocked me from making statements during sentencing which was done by Zoom. There''ve been so much incompetence or corruption in the judicial system there ought to be a review of all prisoners, yet people in Maine have been trying for years to bring back parole, to no avail.

Yeah I certainly don't trust Judge Nelson. He presided over the malicious prosecution of me after I'd been arrested for disorderly conduct. He denied me an attorney, and put out a bench warrant for my arrest after I didn't appear for a hearing to pick a jury! I had a good reason, but that didn't matter to him.

Besides the Labbe case, there were two more cases mentioned in the vide; I replayed it and wrote the names of the defendants. In State of Maine v. Hasahn Carter at paragraph 20:

In November 2023, Carter filed a motion to dismiss Countys 1 and 8 of the indictment. The trial court (Hjelm, A.R.J.) held a hearing on the motion at which the State agreed to dismiss County 8 (terrorizing) based on potential constitutional issues following the United States Supreme Court's decision in Counterman v. Colorado, 600 U.S. 66 (2023). The court granted the motion to dismiss Count 1 (Class A robbery) over the State's objection because it concluded that Count 1 did not include an allegation of the requisite state of mind.

Two counts were dismissed because of the Counterman case. Carter was convicted of a slew of other charges in connection with a violent home invasion and was sentenced to 14 years, and 4 years probation. In the third case mentioned, State of Maine v. Timothy McFarland:  

On May 2, 2024 defendant filed the instant motion, arguing that the charge arises under a statute that is facially unconstitutional under the First Amendment.

...when section 651 was enacted it was constitutional based on the then-current understanding of the First Amendment. To the extent that the statute does not contain a culpable state of mind as an element, it has become unconstitutional pursuant to Counterman." (Emphasis in original.)  

They got off, but I'm found guilty of stalking?

I recognized the name of the judge who granted McFarland's motion to dismiss, without prejudice, meaning the prosecutor can refile it. It's Judge Brent Davis, chief justice of the Maine District Courts. He was the judge in Wiscasset District Court who denied a request for a protection order against me, while two other judges granted orders. Though the information is public, and no reasonable person would consider my social media posts or any of the slight communication I had with the individual when there were no protection orders on me, the courts and the police are using the threat of arrest to silence me if I mention the individual's name.

To support this blog, click here 

ACLU's 6th Amendment class action lawsuit - Robbins v MCPDS

In January of 2025, a judge in Kennebec County Superior Court issued an order in a case that was filed by the ACLU four years ago, regarding the lack of counsel for criminal defendants. 

The judge presiding over the case, is Micaela Murphy, a former attorney for Madawaska native Dennis Dechaine. Books were written detailing the flawed investigation and trial, and many efforts made to get him a new trial...to no avail.

In response to the 41 page order in Kennebec County (in the above link, 41 pages), the Maine Attorney General's office responded with a whopping 123 pager. In the document is legislation regarding the MCPDS, and data about incarcerated defendants. 

In yet another document, (State of Maine's appellate brief), on page 19, I found this: 

RIII. Whether the Superior Court erred in concluding that Plaintiffs’inability to

identify any Class Representative now or previously without counsel at a

stage of their criminal prosecution where the absence of counsel

irremediably destroyed their right to a fair trial does not eliminate Plaintiffs’standing and entitlement to a permanent injunction.

I was severely damaged by the lack of counsel regarding my case in Aroostook County; I was arrested without a warrant or probable cause. I was denied an attorney and the case was eventually dismissed. Then after I failed to appear to pick a jury for trial I was arrested, on Memorial Day weekend of 2025... and spent the entire weekend (4 nights) in the county jail in Houlton.

I'm a plaintiff in the class action lawsuit! I'll be sending the ACLU some information regarding my case, for inclusion in the 6th Amendment case: Robbins v. MCPDS (Maine Commission for Public Defense Services). I'll get a tracking number when I mail it, and post it here at my blog.

To support this blog, click here 

Robert Garza - national family court reform advocate

Last month, people who are instrumental in getting legislation passed regarding family court procedures, came to Maine. An event was held in Trenton which I attended. Here's a little something about Mr. Garza from the website:  

Robert Garza survived a brutal 16-year custody battle and over 43 false CPS allegations. Today, he leads the international movement for family court reform...

Robert created bills to stop or discourage parental alienation; and he and his team help people pass legislation in their states. Pick a bill that you'd like to see passed in your state, and join the Zoom meeting on Monday or Wednesday nights. A chat rooms for each state is available so you can work with others in your state.  

To support this blog, click here 

Maine Prisoner Advocacy - Legislative Bills

Here's a link to some of the bills regarding the justice system that the Maine Prisoner Advocacy Coalition is trying to pass. 

Did you know that 20% of Maine’s population has been impacted by the criminal justice system? More than 40,000 Mainers cycle through our prisons and jails annually.

I am now one of them. Because of the stalking conviction, I won't be able to work in a school again for a while. I began my cleaning business one summer and later quit my Ed Tech job when it became difficult to do my job because I was experiencing domestic violence...though it didn't involve physical abuse. It was too difficult to maintain a positive demeanor in front of the children. 

Paypal Link to support Paula with a donation.

 

Constitution for Kids

The Maine Supreme Court occassionally holds oral arguments at Maine high schools. They were in Bingham on October 7, 2025. Here's a link to the video. Fast forward, the first 50 minutes has nothing. 

In State v. Dennis Lemieux (KEN 2024-341), at 1:14:00 the lawyer for LeMieux, Dan Lawson, mentions Counterman v. Colorado: a 2023 Supreme Court case involving stalking/terrorizing charges. Here's a short animated video explaining it. 

SCOTUS sent the case back to Colorado, and Counterman's conviction was overturned. You can read more at SPARC (Stalking Awareness and Prevention Center), but basically the case is about the standard for determining whether certain speech (such as social media posts), are free speech or true threats that aren't protected speech. 

The decision in Counterman should have helped me regarding the stalking charges against me...but it didn't.

The other case the Maine justices heard was Robbins v Maine Commission on Public Defense Services (KEN 2025-137). The class action 6th Amendment case was filed by the ACLU in 2022. Being discussed was habeas corpus...whether criminal defendants should be released if not appointed attorneys within a set number of days. 

There's already been a decision by a Maine judge, Micaela Murphy, in Robbins. Before she became a judge, Micaela Murphy was a lawyer for Madawaska's Dennis Dechaine. Murphy said when the state fails to appoint counsel, defendants should be released, and once attorneys are available, the cases can be refiled. 

The reason the order isn't being implemented is there's a concern that dangerous people might be released. Also, attorneys for the Maine Commission for Public Defense Services claim that the ACLU hasn't proved that any class action defendant was withoucount sl during crucial stages of their case. 

HELLO! I was arrested on 7-10-24 and didn't get an attorney at all in eAroostook County; and when I failed to appear (FTA) to pick a jury, I was arrested and spent 4 nights in jail. The case against me was dismissed for no other reason than District Attorney Todd Collins said I had been punished enough for the FTA. 

Regarding charges against me filed in Lincoln County for stalking and violation of a protection order, the state of Maine's witness claims that my social media posts were threatening and caused distress. I wasn't given an attorney regarding those charges until September! By then 5 Lewiston police officers had breeched my door, and taken my Iphone without a warrant; they then released me from jail after midnight, two miles from my home...that's real distress, not imagined or invented.

I wonder if the students did any research afterward. Schools ought to teach a course in the Constitution. The decision is not popular with domestic violence groups; you can read why at the Stalking Prevention & Awarenes Resource Center. 

 To support this blog, click here 

Malicious Prosecution - Maine

I'm about to leave for Wiscasset. I'm being sentenced today after being convicted of stalking, by a Maine jury on 2-24-26. I would not accept a plea because I'm innocent. The judge and lawyers control what a jury sees and hears, or doesn't get to. 

12 of 14 counts were dismissed on the day of trial, and that's something that the jury should have been informed of, as it's a good indication this is a malicious prosecution. I was found not guilty of violations of a protection order. Due to the allegations, I've suffered much distress and damage to my reputation as well as loss of income. 

The protection order has since been extended; of course no judge will admit he was wrong or that another judge was. A condition on the order says that I cannot post personally identifiable information about the state's witness. 

I'm being silenced. My story hasn't been reported by Maine or national media outlets. The D.A. wanted to give me credit for time served (CTS); I suppose he's referring to the 30 or so hours spent in Androscoggin County jail (one overnight) due to the arrests. I'm innocent...but being punished for exposing the District Attorney Kent Murdick. 

By the way, this is the second time I am prosecuted without there being any evidence of a crime. The first malicious prosecution happened in Aroostook County, when I was arrested by Corporal Ted Martin, without a warrant in the driveway of my home after being threatened by a former tenant! 

Robert Garza: legislation regarding parental alienation

Robert Garza, a victim of parental alienation himself, has been helping people nationwide, to pass legislation aimed at preventing it...and other types of coercive control/abuse. His team came to Maine last month. I attended the event in Trenton. 

At this link, you can chat with others (through Messenger) who are grouped according to what state (or country) they are in. We must demand that our government (legislative, executive, and judicial branches), both state and federal, address our concerns about the lack of due process in our courts.

Here's a good read regarding parental alienation. Here's something from the article:

The “Time Taken Time Back” law and the “3 Strike Law for Interference with Child Custody” are critical steps in this process. These legal reforms ensure that parents are not unjustly cut off from their children and that those who attempt to manipulate the system face real consequences.

By focusing on both reforming family/criminal law and supporting healthy co-parenting practices, we can ensure that the best interests of children remain at the forefront of family/ criminal law decisions, bringing about the change that families so desperately need.

 To support this blog, click here 

Woman tasered, officer found not guilty

An officer, Mathew Furman, was found not guilty regarding the deployment of a taser in one case on a mother, in the presence of her children. A jury found him not guilty of that, but in another case in which he tasered a man, found him guilty. In a third case, he plead guilty before trial. Here's the Youtube video on America's Attorney.

I'll be posting Youtube videos at my Youtube channel more often. It's free to sign up.

If you wish to support Paula and this blog, you can make a donation through Paypal.