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TRIAL AND ERROR NEWSLETTER July 24, 2010
Dear Friends and Supporters
As most of you know, Dennis was found close to death in his cell and was hospitalized in April. Although it was not clear to us for some time what had happened, it developed that he had tried to take his own life by taking an overdose of prescription drugs. He did this after the date for the Touch DNA testing had been postponed for the third or fourth time, and after seeing men he knew in prison who were young 20 years ago now old and sitting in wheelchairs, " helpless against attacks by young hoodlums. He believed that the state would never allow him to leave this prison alive, and he wanted to escape this terrible future.
When Dennis was first returned to the prison he was treated very badly by prison security, but eventually he received helpful treatment from the mental health staff. He will now be kept in isolation in the SuperMax for some months as punishment for having taken drugs, but he is enjoying reading, studying French, exercising, and not having to respond 100 times a day to people asking how his case is coming. He has lost weight and the sparkle has returned. Our old Dennis is back. He would love to hear from you.
We in Trial & Error do not speak for Dennis. That is not our role. So we chose to respect his privacy and that of his family during this very difficult period. When Dennis was ready to speak he wrote a moving letter to Trevor Maxwell of the Portland Press Herald, the reporter for the wonderful stories which have appeared in the Maine Sunday Telegram the past two Sundays. We hope that you have been following them.
Please find below Dennis's letter and the link to the story from the Press Herald about his suicide attempt and also the outrageous news that Dennis is being charged with a criminal offense. Please understand that "trafficking" is a legal term and DOES NOT mean that Dennis was in any way dealing in drugs, which he was not.
I hope that after you read his letter that any questions you may have as to why he did what he did will be resolved. Why the District Attorney (and we believe the Attorney General) are now prosecuting Dennis to add even more years to his life sentence is beyond any understanding.
The most helpful thing that you can do for Dennis right now is to write letters to newspapers in support of a re-trial.
Here is the article and the link to PPH and followed by Dennis’ letter to Trevor Maxwell. Dechaine says he attempted to commit suicidehttp://www.onlinesentinel.com/news/dechaine-sayshe-attempted-tocommit-suicide_2010-07-16.html July 17 Dennis Dechaine, who is serving a life sentence for murdering a 12-year-old girl in 1988, says he tried to kill himself with prescription drugs earlier this year. In a letter sent this week to The Portland Press Herald/Maine Sunday Telegram, Dechaine said he "ingested a combination of prescription drugs in an attempt to end my life" in early April at the Maine State Prison in Warren. A grand jury in Knox County indicted Dechaine this week on a charge of trafficking in prison contraband. Dechaine wrote in the letter to the newspaper that he acknowledged the suicide attempt publicly because he is being charged in the case. Dechaine, 52, was convicted in 1989 of killing Sarah Cherry of Bowdoin. The Madawaska native has maintained his innocence through four unsuccessful appeals, and the case has been the subject of intense legal and media interest over the years. This fall, the judge who presided at his trial is expected to hear arguments on whether Dechaine should get a new trial, based primarily on a fragment of unidentified male DNA extracted from Sarah Cherry's clipped thumbnail. Dechaine was hospitalized on April 5. His brother said Dechaine was near death, but prison officials have refused to comment, citing confidentiality laws. According to the indictment issued Tuesday, Dechaine had morphine and Klonopine, a drug that's used to treat seizure and panic disorders. No one else was indicted in connection with the incident, according Geoffrey Rushlau, Knox County's district attorney. Dechaine wrote in his letter, dated July 10, "I have been imprisoned 22 years and the soul crushing monotony, boredom, institutional food, pervasive violence, 24 hour lights, near constant noise, harsh treatment, myriad petty rules, lack of resources, loss of potential, separation from family and friends, along with a raft of other negativity, simply conspired to erode my will to live." Dechaine's letter detailed frustration with his case and called his suicide attempt "a reasonable response to an intolerable situation." Dechaine's attorney, Steve Peterson, said he doesn't expect the indictment to affect his client's push for a new trial. If Dechaine were convicted of trafficking before his hearing on the request for a new murder trial, it could be brought up at the hearing, Peterson said, but a rapid conviction is unlikely. "I don't know how much sense it makes to indict someone who's already serving a life sentence," said Peterson. "I've seen it happen before." Asked if some might see the suicide attempt as an admission of guilt, Peterson said he has seen the letter his client wrote and doesn't think so. "What it is, is a venting of how frustrated he is about being in jail and being wrongfully convicted," said Peterson. "Trying to get this righted has been a very frustrating thing for him." Peterson said Dechaine is now in an exercise program at the prison and appears to be stable. "Whatever depression he was in that caused this to have happened seems to have passed," he said. Dechaine's friends and family in Madawaska said they took the news of the attempted suicide hard. "It was devastating for us," said Carol Waltman, a friend of Dechaine's since high school and the founder of Trial and Error, an advocacy group that maintains his innocence. "We've got to understand where he's coming from. Being in a place like that, it's a hellhole." Both Waltman and Don Dechaine, Dennis Dechaine's older brother, were upset that he got prescription drugs in the first place. Don Dechaine said people who visit inmates go through an intensive search. He said he believes the drugs had to have been smuggled in by a prison worker. "They search, scan, there's no way to receive any drugs," said Don Dechaine. "It has to come from within the prison." He said he plans to talk with Peterson about filing a complaint with the state. Denise Lord, associate commissioner of the Department of Corrections, said the department is continuing to investigate the circumstances. "We're concerned if drugs are coming, or are in the facility inappropriately or illegally," said Lord. "We're definitely looking into it." The letter Dennis sent to Trevor Maxwell follows: Dear Trevor,
I have received the first series of articles you wrote, published July 4. I was surprised that there was such an interest in making public my recent hospitalization. The reason why I was hospitalized on April 5 is because on the evening of April 4 I ingested a combination of prescription drugs in an attempt to end my life.
I didn't think I would ever have to explain myself, but since the state now seems intent in charging me criminally, it appears that keeping this a private matter is no longer a possibility. What drove me to suicide? A combination of factors.
I have been imprisoned 22 years and the soul crushing monotony, boredom, institutional food, pervasive violence, 24 hour lights, near constant noise, harsh treatment, myriad petty rules, lack of resources, loss of potential, separation from family and friends, along with a raft of other negativity, simply conspired to erode my will to live.
Combined with the overwhelming oppression of prison were thoughts about my case and my chances for justice. It seems that every time exculpatory facts are revealed, state agents respond by digging their heels in with greater resolve. The state, with its infinite resources, tilts the playing field so precipitously that a defendant with limited resources doesn't stand a chance. All I ever wanted is the right to present all of the facts in my case to a jury of my peers, something our constitution fundamentally affords. Why can't I do that in Maine?
Prosecutor Bill Stokes implied that I should not be allowed to continue appealing my case because I failed to make my case in previous efforts. That's the sort of flawed reasoning that drives me to distraction. Stokes' office first argued against DNA testing and now it's arguing to keep a jury from ever hearing the results of that testing. His office also fought to keep any discussion of alternate suspects from a jury. One of his colleagues had potentially crucial forensic evidence incinerated before the value of that hair and fiber could be ascertained. Why would a prosecutor want to make evidence disappear? Logically, anyone who destroys evidence or sanctions its destruction, clearly isn't interested in truth or justice. That no jury will ever benefit from the knowledge inherent in that evidence creates frustration that weighs heavily on me.
Another source of frustration was also alluded to in one of your articles, which stated that no other case in Maine has ever been litigated for so long. The vast majority of that time has been wasted waiting for the state to respond to motions, and for the courts to schedule hearings or make decisions. As time goes by the torment of waiting worsens, diminishing any hope for a return to a meaningful and productive life.
In Maine, a life sentence is a cruel and lingering death sentence that eventually breeds despair and hopelessness. I have watched men grow old in prison and I have been horrified by the thought of it. This is no place for men weakened by age or disability. Given my prison experience, the lack of control over my own life, the sense of frustration where prosecutors and courts are concerned, it takes no great effort to understand why I tried to end it all. Is it unreasonable to believe that suicide may very well be a reasonable response to an intolerable situation?
Sincerely, Dennis Dechaine 7-10-10
Please forward this newsletter to everyone in your address book and please encourage everyone to send a letter to the press, it is the most important thing that can be done at this time. We need your help! Here are a few links to the newspapers: Lincoln County News - lcn@lincoln.midcoast.com (250 words) St. John Valley Times - newseditor@sjvnews.com Brunswick Times Record - rlong@timesrecord.com
Sincerely, Carol Waltman carol@trialanderrordennis.org Bill Bunting wbunting1@roadrunner.com Bernie Huebner bhuebner@roadrunner.com Steve Sandau ssandau@gwi.net Don Dechaine don04756@juno.com
NEWSLETTER --- JULY 2010 Dear Supporters, http://media.kjonline.com/documents/dechaine_tod_op_wecht.pdf and at http://media.kjonline.com/documents/dechaine_tod_op_hofman.pdf.
cause. The first installment will be published in the MST, the KJ, To preview the PPH article this coming weekend and next weekend go to Please forward our newsletter to everyone in your address book. Your letters to the press expressing your concerns and requesting that Dennis gets a fair trial are urgently needed -- the editors, the politicians, and also representatives of the national and international media will be looking to see what the public reaction to these stories will be. We can expect that people who are opposed to Dennis receiving a new trial will be responding in force, particularly on the Maine Today online website which allows anonymous postings, no matter how inaccurate or vicious. We must respond to these folks by calmly and clearly presenting the facts of the case. Addresses for submitting letters to the editor to the KJ and the MST (at the Press Herald) are below: http://www.kjonline.com/readerservices/Send_a_Letter_to_the_Editor-KJ.html and http://www.letterstotheeditoratpressherald.com WE URGE YOU TO WRITE! THIS IS THE MOST IMPORTANT THING YOU CAN DO NOW FOR DENNIS. Sincere Thanks Carol Waltman carol@trialanderrordennis.org Bill Bunting wbunting1@roadrunner.com Bernie Huebner bhuebner@roadrunner.com Steve Sandau stevesandau@yahoo.com Don Dechaine don.mur@juno.net
WOULD YOU LIKE TO MEET DENNIS? HOW ABOUT CLICKING ON THE LINK BELOW AT YOU TUBE AND GET TO KNOW WHO DENNIS IS. http://www.youtube.com/results?search_query=Dennis+Dechaine&search_type=&aq=f You can get to this link and know more about Dennis on this site at the "Who is Dennis?" section. Video Activists Network Here is another great video on Dennis, done by Pete Sirois. Click the link below to view the video. http://www.blip.tv/file/700533
Twenty Reasons to support Dennis Dechaine's claim of innocence. 1. Dennis requested DNA testing of the blood under Sarah Cherry's fingernails before the trial. This request was denied by the court on objection by the state. 2. The layered blood found under Sarah Cherry's fingernails was not Dennis Dechaine's type. The destruction of the fingernails would prevent any future testing of them for DNA. 3. DNA found under one of Sarah Cherry's thumbnails, which had inadvertently escaped destruction by the state, was subsequently tested (twice) and found to be that of a male who is not Dennis Dechaine. All tests of DNA that could be obtained from any males likely to have come in contact with Sarah or her body also proved negative. 4. No physical or biological evidence links Dennis Dechaine to Sarah Cherry or to the crime. 5. No physical or biological evidence links Dechaine's truck to Sarah Cherry or the crime. Exhaustive examination by the state failed to produce any evidence that Sarah had ever been in the truck. The only scent trail detected by the police tracking dog from Dechaine's truck led away from where the body would later be found. Threee of the four tire tracks in the driveway at the abduction scene were "excluded" from having been made by Dechaine's truck; one track was of very common tread that was similar to one of Dechaine's tires. 6. Articles belonging to Dechaine which were found in the driveway and those which were employed in the murder were easily accessible to anyone and could have easliy been removed from the truck by the killer. Photos indicate that the contents of the cab had been "tossed." Contrary to claims by officials, the lead detectives's own report shows that the doors could have been locked afterwards without a key. 7. Of more than 180 items in the truck cab, the only two (aside from the registration in the glove box) with Dechaine's name on them were found in the driveway, positioned ahead of tire tracks. The statistical odds against chance selection are 1.57: 10,000 or 99.9 percent likely. 8. The state's medical examiner's testimony indicated that death likely occurred 5 1/2 or more hours after Dechaine's whereabouts were known by the police. The signigicance of this key finding was obscured in the prosecution's presentation to the jury. All of the three variables which affect the timing of the passing off of rigor mortis would have served to have increased the time elapsed between Dechaine's exiting of the woods and Sarah's death. 9. That Sarah's head was exposed to plain view, unlike the rest of her body, indicated that the body was "concealed" after dark. Dechaine exited the woods at twilight. 10. Pathologists have stated that Sarah's neck was constricted to less than 3 inches diameter, making it virtually impossible that she lived for more than a few minutes after being strangled. 11. Dr. George Chase, retired chief pathologist for Eastern Maine Medical Center, after reviewing all the evidence, estimated that death had occurred around 24 hours before autopsy, or, on the day after Dechaine was questioned. Despite the heat-wave conditions, the body exhibited only minor lividity, an indicator of a later time of death. 12. The killer (or killers) had nearly 3 1/2 hours to abduct Sarah and plant the evidence in the driveway. The police did not allow any searching of the area where the body was subsequently found until the scent dog arrived at 2 AM, fourteen hours after it was last known that Sarah was alive. At 2 am-- the earliest time of death indicated by the passing off of rigor mortis and an absence of decomposition on the body--officers handling the police tracking dog reported sounds of a commotion emanating from the area where Sarah's body would be discovered the next day. At the time they attributed the commotion to deer, although they never saw any deer in the area. In view of the timng - i.e. how that time matches the earliest time of death indicated by rigor mortis, lividity and decomposition - the "commotion" was most likely Sarah's struggle as her killer strangled her. 13. Despite the stated opinion of their own medical examiner, the state contended that when Dechaine met the Buttricks he had just committed lenthy torture ending with a violent murder, yet the Buttricks testified that Dechaine had acted like a gentleman. Dechaine willingly transferred from the Buttrick's truck to the sheriff's cruiser. And although he lied to the Buttricks about where he lived, he gave them his real name. He also voluntarily consented to have his truck towed to the state police lab for a scientific search which the lead detective assured him would "put you in or out of this case." Swabbing, vacuuming and fringerprint testing produced no indication that Sarah had ever been in that truck. The state police tracking dog, given Sarah's clothes to sniff, detected no trace of Sarah in that truck. 14. The depraved individuals who commit such crimes as this commonly keep a trophy, especially panties, yet Sarah's missing panties were not found on Dechaine, and have never been found. 15. If Dechaine was the murderer he surely would have found the road, which he would have had to have crossed wth Sarah, and then would surely have found his truck. 16. The torture and murder of Sarah Cherry was an unspeakably horrific crime, yet there is absolutely no record of any violence, depravity, or sexual perversion in Dechaine's past, or indeed, since. To the contrary, Dechaine is described by those who know him as a kind, gentle, and intelligent man. All psychological evaluations of Dechaine, even by the state's experts, concluded that he was psychologically normal, and was not in a drug- induced psychosis on the day of the crime. 17. If, as has been suggested, Dechaine acted under the influenceof the drugs he admits to have taken, one must question how no biological evidence of Dechaine was transfered to the girl, and what drug could have so quickly turned a peaceful and gentle man into a fiendish predatory monster, and then as quickly, returned him to the polite you man who the Buttricks described. 18. Testimony by two detectives alleging incriminating statements by Dechaine (which they testified they were reading from their notes) is disputed by the fact, discovered after the legislature ordered the state's files to be opened, that those detectives' notes do not contain the alleged incriminating statements. 19. Dechaine's statement that at one point during his interrogation in the back seat of the cruiser by the police they may have convinced him that he had committed a crime involving a missing girl is entirely consisent with many other cases where individuals with compliant and submissive personalities -- even when not under the influence of a drug -- after being subjected to prolonged and severe interrogation, have admitted to crimes they did not commit. 20. The claim that Dechaine stated at the jail that he was the one who killed Sarah Cherry and therefore needed to be put in "isolation" doesn't pass the straight-face test. It is likely theat he said he was the one accused of having killed Sarah Cherry, and therefore shold be put in isolation. The use of the term " isolation" (a term rarely if ever used by anyone outside the law enforcement community), rather than the term "solitary" strongly suggests that his request for a cell without cellmates was based on the advice of law enforcement personnel who probably alerted him to criminal inmate violence against accused child killers.
TRIAL & ERROR PO BOX 153 MADAWASKA ME. 04756 NEWSLETTER July 2009
Another 4th of July has come and gone and again, Dennis still sits behind bars. Over the past several months Dennis's legal team has been negotiating with the state regarding which of the surviving articles of physical evidence which the state has not destroyed should be tested by the Touch DNA process. These negotiations are not yet completed. Regarding the state's objections to the testing of certain items, Dennis commented, " If the state is so sure that I am guilty you would think that they would be the ones pushing to test everything." Well said, Dennis! We are extremely encouraged by, and appreciative of, the invaluable While we cannot provide additional details, we can tell you that we have never felt more certain about the positive outcome of a retrial, should Judge Bradford grant Dennis's petition. Below you can click on the link to view the F Lee Bailey interview with Dennis. F Lee Bailey meets with Dennis. WLBZ Link http://www.wlbz2.com/news/local/story.aspx?storyid=103133 F. Lee Bailey agrees to aid Dechaine bid for new trial The renowned lawyer will serve as a consultant to the convicted killer's defense attorney. The Associated Press April 9, 2009
Dennis Dechaine, left, thanks attorney F. Lee Bailey after meeting at the Maine State Prison in Warren on Wednesday. Dechaine is serving a life sentence for the murder of Sarah Cherry. WARREN — Famed defense lawyer F. Lee Bailey met with convicted child killer Dennis Dechaine on Wednesday and agreed to help with his petition for a new trial. Bailey met Wednesday with Dechaine at the Maine State Prison, where he's serving a life sentence for the 1988 kidnapping and murder of 12-year-old Sarah Cherry in Bowdoinham. "He's basically going to be available as a consultant," Steve Peterson, Dechaine's lawyer, said of Bailey. He said he didn't envision Bailey playing a role in the courtroom, but that's subject to change. "We didn't really define a role or anything like that," Peterson said. Dechaine maintains his innocence. Last August he petitioned for a new trial based on DNA evidence that wasn't available at his trial. His petition is made possible by a 2006 change in state law that let prisoners seek new trials based on technological advances in DNA testing. Sarah Cherry disappeared on July 6, 1988, from a house where she was baby-sitting. Her body was found days later. She had been sexually assaulted, strangled with a scarf and stabbed repeatedly in the head, neck and chest. The evidence against Dechaine was damning. He wandered out of the woods near where the girl's body was eventually found. A car repair bill bearing his name was found outside the home where she disappeared. And rope used to bind her matched rope from his truck and barn. DNA technology was in its infancy when Dechaine was stood trial. Later tests of Cherry's fingernail clippings showed the presence of the DNA of a man other than Dechaine. Bailey, 75, has worked on a number of high-profile cases, including the trials of Sam Sheppard, Patty Hearst and O.J. Simpson. But he's also run afoul of the law. In 2000, he was sent to prison for contempt after he refused to turn over profits from stock owned by a drug dealer he represented. Bailey was later disbarred in Florida and Massachusetts for his conduct related to that case. Peterson said he hoped to be ready for a hearing on his petition for a new trial later this summer. It will likely be heard by the trial judge, Justice Carl Bradford. Here is another good audio interview withF. Lee Bailey on the Dennis Dechaine case with Ken and Mike on the Morning Show/News. Click on the link below. http://www.wgan.com/KenAndMikeMorningNews/2758623
Future events ***RTV - This year Rock the Valley once again holds it’s 4th annual music festival. Trial and Error will donate it’s time and help by doing all the collections at the entry doors. In return, we will be able to display our books and make a few sales and collect donations. Please check out the events lined up for Rock the Valley this July 17th and 18th. The website may be accessed by clicking on the link at www.rockthevalley.org.
7pm to 12am. If you are interested in volunteering some time, please contact Carol at carol@trialanderrordennis.org. We will need approximately 8 people in all to cover the two nights. ***Common Ground Fair: This year the Common Ground Fair will be held on Sept. 26th, 27th, and 28th. We are all signed up and ready to go. All we need now is volunteers to help man the tables. If you are interested, please contact Bill Bunting to let him know which days and time you can volunteer your time. Bill may be contacted at ***Finances: Two years ago several Trial & Error members attended a national conference concerned with wrongful convictions. One of the topics discussed was fund raising. The conclusion was that while efforts like bake sales and bottle drives may serve to create publicity, they usually produced little in the way of cash, and could not support an advocacy effort like ours. Instead, serious money usually came from a small number of big givers -- in fact, it was a great idea to have a nationally known rock star back your cause! for more than 20 years Trial & Error has steadily carried on its fight for justice for Dennis with mostly small contributions made by hundreds of regular folks. While it would be wonderful to receive a check for $15,000 from a wealthy individual or from a rock concert, 1,500 members can create the same result by each sending in but $10 apiece. (Of course, $20 would be twice as good). All money raised by Trial and Error is spent directly on efforts to bring justice -- we have virtually NO overhead expenses, aside from the web hosting charge. Since our last newsletter, substantial funds have been paid-out for investigative fees, although even these bills were much reduced by contributed time and effort by our dedicated team of detectives. promising -- time then that which is about to unfold. Your help has never been more important, or more appreciated. Contributions should be sent to Trial & Error, c/o Carol Waltman, P. O. Box 153, Madawaska, ME 04756. All contributions are tax deductible, and will be promptly acknowledged. ***Human Sacrifice II and State Secrets: Please remember that we still have books to sell. Can you help us sell these? The revised Human Sacrifice is still available for $15.00. Please help us move the remainder of our stock by helping us sell these books. Perhaps setting up in a store front, at festivals, or any other avenue you may think of. Also, we have a limited supply of States Secrets left for $10.00 each. ***Letters to the press: Above the newsletter on this web page are 20 reasons why Dennis should get a new trial. You may include any of these reasons in your letter to the press if it helps you to get a letter out there. Here is one of the latest letters sent to the press by Bernie Heubner of Waterville. Killer's conviction gives good example of 'irony' July 5, 2009 Kennebec Journal and Morning Sentinel After reading of the importance of DNA analysis in the recent conviction of Thomas H. Mitchell Jr. for the 1983 slaying of Judith Flagg, I thought back to my struggle in high school English class to understand the concept of irony. The dictionary was little help. Mine defines irony as "an outcome of events contrary to what was expected; the incongruity of this." The Mitchell case offers just what I needed. First, praise is due Deputy Attorney General William Stokes for bringing "the application of modern DNA technology" (his words) to bear on a 26-year-old case. But, ironically, Stokes seems unable -- or refuses -- to apply the same DNA technology to the 20-year-old Sarah Cherry murder, in which the same attorney general's office secured the murder conviction of Dennis Dechaine The irony, of course, arises from how "the application of modern DNA technology" now shows that Dechaine is not the murderer, as he has always claimed. Rather it is some other male as yet unidentified and possibly at large committing similar crimes. But at least now I get it. Irony is when the unexpected outcome -- in this case, that the AG's office touts DNA evidence to secure a conviction, but then refuses to accept its findings which would overturn one -- is incongruous. Tragically, for Dechaine, an innocent man in his 20th year in prison, it is also rank injustice. Bernie Huebne2 Waterville Sincere thanks to all who have sent in donations and for your continued support. Please keep in mind that your letters and donations are crucial at this time so we may continue investigations as Dennis’ lawyers prepare to go ahead with the motion for new trial. Sincerely Carol Waltman Bill Bunting Steve Sandau Bernie Huebner Don Dechaine www.trialanderrordennis.org
TRIAL AND ERROR NEWSLETTER OCTOBER 2008 Edited January 7, 2009 P.O. BOX 153 MADAWASKA, ME. 04756
Dear Supporters Another year has passed with Dennis still in prison. Let us hope and pray St. John Valley Times - newseditor@sjvnews.com Brunswick Times Record - rlong@timesrecord.com Editorials
No easy path toward a Dechaine retrial Portland Press Herald September 4, 2008 The state sets an appropriately tough standard for overturning old convictions. Dennis Dechaine could receive fair trial – unlike his first one Portland Press Herald Maine Sunday Telegram The Press Herald is to be commended for its evolving position regarding Dennis Dechaine's attempt to gain a retrial with DNA evidence. A Sept. 4 editorial stated, "A new trial order in this case would probably mean freedom for Dechaine." But Dechaine would only be freed, either by a jury or by the state taking a pass to avoid an embarrassing trial, if the evidence supporting his innocence was compelling– as indeed it is. It should not be "very difficult" to conduct a fair retrial; as for those few witnesses who are deceased or unavailable, their 1989 testimonies could remain in play. Dechaine conviction may console, but not justice Kennebec Journal
Two years ago, I posted this ad in the Kennebec Journal and most of Maine's Having an innocent man pay for a tragic murder might console some people, Brunswick Maine
September 9, 2008 Portland Press Herald Incarceration rates at the Maine State Prison and elsewhere should be a public issue – as should the imprisonment of Dennis Dechaine. Having just read the Maine Voices column Aug. 30 ("Dechaine investigation badly flawed") by James Moore, I am recalling recent statistics regarding prison populations in the United States. For example: Although the United States has 3 percent of the world's population, we have 26 percent of the world's prisoners. Furthermore, the prison industry is the fastest-growing industry in the country. I find it interesting that the prison industry and the justice system are not topics of conversation among political candidates. Growing up as a flag-waving American in the fruit belt country of Pennsylvania, I believed justice was a given in my America. Moving to Maine to raise my family, I felt even more secure that justice was alive and well. As Americans and Mainers strive for changes in the world view of our politicians, elected and appointed officials, I would think a retrial for Dennis Dechaine would go a long way toward renewing any Mainer's faith in our justice system. I believe that responsible Maine officials can step up to the plate. Maine can join so many other states that have had the courage and strength of character to admit that errors may have occurred and that justice has failed in the face of science. Susan Strode Pastore Portland NEW TRIAL St. John Valley Times September 3 2008 Dennis Dechaine has applied for a new trial based on new DNA legislation. His lawyer, Steve Peterson of Rockport, has filed the necessary papers in hopes that new technology will increase the possibility of discovering if the state has erroneously incarcerated the wrong man and let the real murderer go free for 20 years. The old post-conviction DNA statute allowed a new trial for an inmate imprisoned for murder, rape or other major crime if DNA testing after conviction showed no trace of the convicted person, as the new law does. However, the old law also required the convicted person to link the DNA to the real perpetrator of the crime. Since this requirement is impossible, it virtually denied someone like Dechaine a new trial that could very likely find him innocent. The new legislation does not have that requirement, only that new DNA evidence raise the probability of innocence. Although the new law was not aimed at Dechaine specifically, it benefits his quest for justice. In 1989 he was convicted to life without parole for the murder of 12-year-old Sarah Cherry in 1988. He had requested DNA testing during his trial, but was refused by Judge Carl Bradford. Fortunately, some nail clippings from the murdered girl still existed and were twice tested by excellent national labs under the supervision of the Maine Crime Lab. The results were the same: The male DNA is not from Dennis Dechaine! Then, to whom does the male DNA belong? Ross Paradis Frenchville Maine DNA technology could exonerate Dechaine Kennebec Journal - Morning Sentinel 09/10/2008 Through DNA analysis, the Innocence Project has gained freedom for 220 innocent people convicted of violent crimes across the United States. Wrongful convictions happen in every state. Maine is no exception. The Maine Attorney General's Office has repeatedly used DNA technology to solve crimes and win convictions. However, it falls short in recognizing the value of DNA technology in post-conviction exonerations. Dennis Dechaine has served 20 years of a life sentence for the murder of Sarah Cherry. He asked for DNA analysis to be done before his trial at his expense. The judge denied his request. The Attorney General's Office incinerated hairs, the rape kit and other potentially DNA rich evidence while the case was still in the appeal process. A 2001 DNA statute allowed for post-conviction DNA analysis to be performed on the remaining evidence. In 2004, the Maine Crime Laboratory revealed a male DNA profile under the victim's fingernail that does not match Dechaine. Further testing ruled out male family members, police officers or medical examiner office personnel who may have inadvertently contaminated the evidence. Nevertheless the Attorney General's Office continues to refuse to acknowledge the importance of post-conviction DNA analysis in exonerating wrongfully convicted individuals like Dechaine. It is time for the Attorney General's Office to step up and support a new trial for Dechaine. Nancy Farrin PittstonBUT WHO JUDGES THE JUDGE? October 18, 2008
So, it comes down to you and me. If we don¹t ask questions, write letters, rattle cages and otherwise shine the light of public awareness on the Dechaine case, who will? If we don¹t make sure our justice system is just, who will? *************
The Dennis Interview is now on You Tube! Click on these links to open the 2 part interview. http://www.youtube.com/watch?v=zVIb2qplq_U http://www.youtube.com/watch?v=KslcRNuk9iQ
A great example of supporters giving of themselves is indicated below. Their support and constant stamina is way beyond words can say. Not only do we raise awareness on wrongful convictions, but the people we meet at these public events are quite impressive. You never know who that someone may be—perhaps just the one we need to help carry this case to the halls of justice!
September 2008
There were always those who seemed afraid to approach us, but a smile and a question if they knew about Dennis would usually draw them in. More people than in past years seemed unaware of Dennis's case. Others would say, "Yes, we know about him; we are surprised you're still here." A number of people had just moved here; some were college students who don't remember the murder happening. One hostile person asked why we thought Dennis was not guilty. When told of the exculpatory DNA evidence, he seemed shocked and said, "Well I didn't hear that!" He argued some more, then walked away befuddled. A man who had just moved here from Boulder, Colorado, said that where he came from a similar incident happened to friends of his and that no one would believe them until this new DNA testing was done to prove them innocent. He was talking about John and Patsy Benet. He said his son and their son, Burke, were friends. He recounted some cover-ups the police allegedly made in that case, too. The new DNA testing he spoke of was "touch DNA," the same recently developed use of DNA testing on residues left on clothing that has been mentioned for possible use in Dennis's case. The number of folks who expressed a belief that Dennis is guilty was extremely small. A few passers-by glared. A Maine state trooper kept repeating "Guilty! Guilty! Guilty!" but wouldn't stop to talk. Yet another DVD went to a woman from Rockland whom Bob McLaughlin had talked with on Friday, who had read the handouts and came back for more discussion
As in past years, many people stopped to say that they thought Dennis was innocent, wished us "Good Luck!" and then departed. And once again we wished that there were more who asked, " How can I help?" People who did help by manning the booth, in addition to Sandy, Bob, and Bill, were Nancy Farrin, Lilla Carter, Heidi Masselli, Jim Moore, Tom Weston, and Bernie Huebner. Our special thanks to all of them for their continued dedication and support. So supporters, as you can see, public awareness is our number-one vehicle to carry on this case. Please let us know if there is anything you can do to help in this matter. Please use the links above to write letters. Your letter may be the one that opens the eyes of a citizen that may otherwise not have been involved if he or she had not read your letter.
wbunting1@roadrunner.com
Former
Attorney General Jon Lund's
unpublished letter to the Editor
of the Bangor Daily News.
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