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.)
