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 suicide
http://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)
Morning Sentinel and Kennebec Journal - letters@centralmaine.com (300 words)
Portland Press Herald - letterstotheeditor@pressherald.com (300 words)
Bangor Daily News - letters@bangordailynews.net
Lewiston Sun Journal - letters@sunjournal.com (250 words)
Journal Tribune (Biddeford/Sanford) - dmcmullin@gwi.net (Drew McMullin is the publisher)
Ellsworth American - info@ellsworthamerican.com
Pioneer Times (Houlton) - pioneertimes@nepublish.com
York Country Coast Star (Kennebunk) - yccs@seacoastonline.com
St. John Valley Times - newseditor@sjvnews.com
Star Herald (Presque Isle) - starherald@nepublish.com
Republican Journal (Belfast) - news@villagesoup.com (300 words; specify for
Republican Journal)
Camden Herald - news@villagesoup.com (300 words; specify for Camden Herald)
Courier-Gazette (Rockland) - news@villagesoup.com (300 words; specify for
Rockland)
Free Press Online (Rockland) - freepress@freepressonline.com
Brunswick Times Record - rlong@timesrecord.com
Capital Weekly - Cwmail@courierpub.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,
Thanks to all the folks who were prepared to show up at the
Cumberland County Courthouse last Fall for the hearing which, in the
end, did not take place. At the last minute the state conceded to our
defense team's position regarding Touch DNA testing of certain
articles of evidence (items which the AG's office did not incinerate)
making a hearing before Judge Bradford unnecessary. Afterwards,
however, negotiations continued to drag -- we had to cancel several
tries at getting out a newsletter due to changing positions and
dates. We now expect that the testing will take place before too much
longer. The date for the hearing regarding test results has been
rescheduled several times -- the last announced date was September 1
or before, but we would not bet the farm on it!
We are gratified by the release earlier this year of the findings by
two of the nation's leading forensic pathologists, Dr. Cyril Wecht
and Dr. Walter Hofman, that the time-of-death evidence excludes
Dennis as a suspect in the murder of Sarah Cherry. Whether this
important evidence will be considered by the court will rest with
Judge Bradford. The two reports may be found at
http://media.kjonline.com/documents/dechaine_tod_op_wecht.pdf
and at http://media.kjonline.com/documents/dechaine_tod_op_hofman.pdf.
Last December several of our members met with the editorial board of
the Portland Press Herald, which included Mr. Richard Connor, the new
publisher and owner of the Press Herald, the Maine Sunday Telegram,
the Kennebec Journal, and the Morning Sentinel. Our people were
received very politely, and were listened to, and the meeting lasted
well beyond its scheduled end. Sometime later reporter Trevor Maxwell
was assigned to thoroughly investigate the case.
Needless to say, this is what we have been urging journalists to do
for as long as we have been fighting for justice for Dennis, and we
are gratified by Mr. Connor's interest in Dennis's case. It is very
encouraging to know that there still are journalists who are
interested in digging into a story -- we had all but given up hope.
We expect that this coverage will be very important for Dennis's
cause. The first installment will be published in the MST, the KJ,
and the MS on Sunday, July 4. The second part will be published one
week later, on July 11. We expect that the first installment will be
a review of the crime and following events, and that the second will
get into the evidence indicating Dennis's wrongful conviction.
Early in June T & E had a table on the floor of the hall during the
Democratic state convention, and distributed information to many
interested delegates. We were disappointed in not being able to
attend the Republican state convention, as we have in the past, but
in order to participate we would have had to sign a pledge which no
tax-exempt advocacy group could properly do.
We are very pleased to be able to tell you that Dennis is doing well.
He has taken on a rigorous exercise program, and every day does 200
push-ups, 200 sit-ups, and walks in small circles for 2 hours. He has
lost weight and now looks to be about 35. He is an amazing man.
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
assistance that F. Lee Bailey has been providing to Dennis's legal
team, entirely on a pro bono basis. F. Lee's great experience, and
close relationships with some of the nation's leading expert witnesses, is already having a very positive result.
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
enlarge The Associated Press
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.
Trial and Error needs volunteers to help man the entrance tables and book sales. Coverage needed is from
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!
Trial and Error may be an exception to this rule. While we would happily accept help from a rock star or other such celebrity,
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.
Over his long fight, Dennis has never faced a more critical -- or more
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
that 2009 will bring justice for Dennis.
As you can see this newsletter was put together to be sent out in October.
It was then held back because of the election, and since then I have been
swamped by the holiday rush at work and by the sickness of some family
members. I apologize for the delay.
There has not been very much to report about Dennis's case since Steve
Peterson filed the motion for a new trial on August 30. We expect that
things will now be happening, and we will keep you informed. In the meantime
our investigators have been busy and we will soon have new bills to pay.
Remember that 100 percent of your contributions go directly to seeking
justice for Dennis.
Letters to newspapers have been very important in our fight in the past, and
will be in the future. Please write letters. Even if some are not printed
they will tell the editor that people feel strongly about justice for
Dennis. Here is a list of Maine newspaper addresses for you to file.
Please click on the links and send your letter today.
Lincoln County News - lcn@lincoln.midcoast.com (250 words)
Morning Sentinel and Kennebec Journal - letters@centralmaine.com (250 words)
Portland Press Herald - letterstotheeditor@pressherald.com (250 words)
Bangor Daily News - letters@bangordailynews.net
Lewiston Sun Journal - letters@sunjournal.com (250 words)
Journal Tribune (Biddeford/Sanford) - dmcmullin@gwi.net (Drew McMullin is the publisher)
Ellsworth American - info@ellsworthamerican.com
Pioneer Times (Houlton) - pioneertimes@nepublish.com
York Country Coast Star (Kennebunk) - yccs@seacoastonline.com
St. John Valley Times - newseditor@sjvnews.com
Star Herald (Presque Isle) - starherald@nepublish.com
Republican Journal (Belfast) - news@villagesoup.com (300 words; specify for
Republican Journal)
Camden Herald - news@villagesoup.com (300 words; specify for Camden Herald)
Courier-Gazette (Rockland) - news@villagesoup.com (300 words; specify for
Rockland)
Free Press Online (Rockland) - freepress@freepressonline.com
Brunswick Times Record - rlong@timesrecord.com
Capital Weekly - Cwmail@courierpub.com
Here are a few great letters recently published: (You can find the newest editorials on our website page under the News section )
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.
It won't be easy for Dennis Dechaine to win a new trial for the 1988 torture murder of 12-year-old Sarah Cherry, nor should it be.
Despite two decades of claims by his loyal supporters, Dechaine received a fair trial in 1989, using standard evidence practices of the day.
His conviction has been upheld in appeals to the state and federal courts, without findings of reversible error.
But the former Bowdoinham farmer still has a chance, probably his last, to overturn his conviction using DNA evidence discovered after his trial.
In this proceeding, a judge would have to find "clear and convincing" proof that the original jury would not have voted to convict if it had seen the DNA evidence.
That's a very high standard to meet, which is appropriate. It would be very difficult for the state to reassemble its witnesses and evidence so long after the crime. As a practical matter, a new trial order in this case would probably mean freedom for Dechaine.
Dechaine is entitled to this review by a state law that was amended two years ago to put Maine's practices in line with those of other states.
In light of the number of serious convictions which have been overturned around the country, it is fair that Dechaine's case should also get another look in light of new information.
So far, the DNA evidence Dechaine has presented is enigmatic. Blood on Sarah's fingernails contained the DNA of an unknown man. The profile was complete enough to exclude Dechaine and others, but not enough to affirmatively identify its source. There is no real evidence of how it got there.
A lot has changed since the time of his conviction, however. There have even been advances in the last three years since Dechaine withdrew a previous new trial petition.
His lawyer says that a new technique may be able to draw more detailed information out of samples that have already been tested, or to discover DNA on other exhibits.
Dechaine has the right to use these tests, compare the results with other evidence and try to present a compelling theory that explains all the evidence against him, including his presence and that of his belongings near the abduction and murder sites.
That is a tough test for Dechaine, but it is not too much to ask when a murder conviction is at stake.
Dennis Dechaine could receive fair trial – unlike his first one
September 14, 2008
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's 1989 trial was not fair by any reasonable standard, beginning with the denial of his request for DNA testing, which he offered to pay for.
It has since been revealed that crucial testimony of two detectives was contradicted by their own notes. The prosecutor obscured the time of death, and told the jury that there were no other suspects, when, in fact, there were several. And so on– so much for the idea that a trial is an attempt to find the truth.
Dechaine might now be free had the state not incinerated DNA evidence shortly after an appeal was filed. For this inexcusable wrongdoing alone– the bizarre finding to the contrary by the attorney general's commission notwithstanding – Dechaine deserves a new trial. By supporting a retrial, Attorney General Steven Rowe would take a big step towards restoring honor to his office.
William Bunting
Whitefield
Copyright © 2008 Blethen Maine Newspapers
Dechaine conviction may console, but not justice
10/02/2008
Kennebec Journal
The newspaper on Sept. 26 carried a story about the meeting of Parents of
Murdered Children
Every humane person sincerely sympathizes with relatives of a murdered
child, but I resent group spokesman Howard Klerk's denunciation of my book,
"Human Sacrifice," a book for which I've taken no royalties.
Considering the scientific evidence detailed in this book and the proof of
gross official misconduct (concealed evidence, incinerated DNA and false
testimony by police), all of which is documented from trial records and the
files of the attorney general (and posted online at
http://www.trialanderrordennis.org/pdfs/report.pdf), it seems incredible
that Klerk's opinion could be based on an intelligent reading and
understanding of the facts.
Understandable emotional reactions cannot substitute for undeniable facts
demonstrating Dennis Dechaine's wrongful conviction, nor the reality that
the depraved creature who actually perpetrated this grotesque crime remains
free.
Two years ago, I posted this ad in the Kennebec Journal and most of Maine's
other major newspapers:
"$1,000 REWARD: to person specifying any untrue statement by author re:
evidence or official misconduct, in new, expanded edition of Human
Sacrifice. James P. Moore, P.O. Box 1032, Brunswick, ME 04011."
No one has stepped up to collect that reward. It remains open. To paraphrase
the late Sen. Patrick Moynihan: Klerk is entitled to his own opinion, but
he's not entitled to his own facts.
Having an innocent man pay for a tragic murder might console some people,
but it's not justice.
James P. Moore
Brunswick Maine
New Dechaine trial matter of justice
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?
Portland Press Herald
October 18, 2008
As Dennis Dechaine awaits a yet-to-be scheduled hearing to decide on a retrial, old concerns resurface. For if Maine custom prevails, the judge who will say yes or no to granting the new trial will be the same judge, Carl Bradford, whose work on the case has been seriously questioned.
Among Judge Bradford¹s controversial rulings at the original murder trial in 1989 was one to deny the defendant¹s request for DNA testing. Tests conducted since then show the DNA found on the victim¹s body was not Dechaine¹s.
Unless the judge recuses himself, how can we be sure the retrial request will be handled without prejudice? How can we be sure it would not be denied simply to prevent scrutiny of earlier decisions? How can we be sure Dechaine, who is just one of an estimated 20,000 wrongfully convicted inmates in U.S. prisons, has gotten a fair shot?
Among those publicly calling for a retrial are two retired trial lawyers. One, Weld Henshaw of Brunswick, says he was a longtime friend of Judge Bradford before ultimately putting justice above friendship. The other, Jon Lund, was a prosecutor, Maine Attorney General, and Chair of the Criminal Law Revision Commission. Yet their stands have received virtually no media attention.
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?
Bob MacLaughlin
Warren
*************
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
Other than encouraging supporters to write letters, hand out reading information, and send donations to help with investigative expenses, there are a few other outlets that we may use as a route to publicize and educate the public on wrongful convictions. If there is any public event that you think may be a good place to have a booth, etc., please be sure to let us know so we may book and participate. One good example is the Common Ground Fair, which we participated in during September.
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!
Here is an update of our last event at the Common Ground Fair.
Common Ground Fair
September 2008
Trial and Error representatives were back in the T&E booth for all three days of the Common Ground Fair, September 19-21. Sandy Weston and Bill Bunting both wrote reports of their encounters with fair-goers, from which the anecdotes below are drawn. The T&E booth was very, very busy. Often while we were talking to one person, two or three more would stop to listen.
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.
The most outspoken supporter was a former state trooper who was more animated in his passion even than we were. He said that he had recently cornered Attorney General Rowe at a gathering but couldn't get any real response from him. He couldn't believe how farcical the commission was. He bought one the DVDs of the interview that we had for sale. [Editor's note -- it will soon be on You Tube]. Another copy went to the wife of a sheriff's deputy. Her husband thought that Dennis was where he belonged, while her mother thought otherwise. She herself was supporting her husband but was obviously troubled. Another DVD went to the daughter of a legislator; she absolutely "got it," and said that it didn't make any difference if Dennis were innocent or not, he deserved a new trial because the first one was so flawed. She had read the copy of HS which we had given to members of the legislature.
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
with Bill Bunting on Sunday. It turned out she had bought some of Bill's grass-fed beef from a friend who had bought a side and who was AG Tierney's secretary at the time of the murder. In Maine we are only two degrees of separation apart.
A man stopped by who had recently been released from Maine State Prison, and wanted to be remembered to Dennis. Also, several people who lived in Richmond, Bowdoinham, and Bowdoin at the time. All claimed never to have thought that Dennis was guilty.
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.
Once again, to all who have donated funds, their time, and ideas, we thank
you from the bottoms of our hearts!!!
Sincerely,
Carol Waltman
jcjm_walt@hotmail.com
carol@trialanderrordennis.org
Bill Bunting
wbunting1@roadrunner.com
Steve Sandau
ssandau@gwi.net
Bernie Huebner
bhuebner@roadrunner.com
Don Dechaine
don.mur@verizon.net
*** Have a wonderful New Year and may we all be blessed with Health, Joy, Happiness, and Justice!!!
Former
Attorney General Jon Lund's
unpublished letter to the Editor
of the Bangor Daily News.
In 1988 the prosecution in the
case against Dennis Dechaine in the murder of Sarah Cherry called the
evidence "overwhelming."
In fact what was "overwhleming" (and still is) was the conspicuous lack
of evidence:
- There was no demonstrated connection between Dechaine and the victim.
- There was no trace of the victim in Dechaine's truck (including no trace found by scent dogs).
- No trace of Dechaine was found on the victim.
- Dechaine had no record whatsoever of crime, violence or any form of sexual perversion.
- DNA testing requested by Dechaine at the time of the trial was
denied.
- Detectives' allegations of admissions by Dechaine are contradicted by their own contemporaneous notes.
- Other important allegations by the lead detective regarding this case have been proven by the state's own documents to be totally false.
- Prosecutors suppressed and concealed evidence implicating at least two suspects who were known to have sexually molested little girls.
- At trial, the prosecutor falsely told jurors that there was no other suspect.
- Authorities resisted requests to examine their file on this case until the Legislature ordered that it be made accessible to the public.
- The "three distinguished lawyers" the Attorney General chose to
make an "independent" review of the case reported no misconduct, but
gave no reasons, and refused to disclose their evidence.
- DNA in the blood under the victim's nails is that of another man, not Dechaine.