Trial and Error

Jun 7, 2012

The hearing that will decide whether to grant Dennis Dechaine a retrial will take place June12th, 13th and 14th. This proceeding is not a retrial, but rather a hearing to decide if there will be a retrial.

The original trial judge, Carl O. Bradford, will conduct the hearing and be the sole decision-maker in granting or denying a retrial. Maine law stipulates that only DNA evidence can be presented at the hearing. Last fall, Dennis’ lawyer, Steve Petersen, made a motion that would have also allowed admittance of time-of-death evidence, based on a “claim of innocence” precedent used in other states. Judge Bradford denied the motion.

The significance is that two nationally known forensic experts independently reviewed the time-of-death evidence last year, and both concluded that Dennis could not have committed the crime. But the forensic evidence will not be presented at the hearing and will be heard only at the retrial, if the retrial is granted. The same is true for evidence related to alternate suspects.

Maine law also stipulates that the judge who first heard the case preside over subsequent appeals and motions. Judge Bradford ruled against Dennis’ request to have his DNA tested, at his own expense, before the original trial in 1989, and he also denied the post-trial appeal.

The hearing will take place in the Cumberland County Courthouse in Portland beginning at 8:30 a.m. on the 12th. Seating inside the courthouse is limited, and while we hope a large number of supporters will gather in silent support of Dennis, we ask that otherwise there be no overt demonstrations.

Please keep in mind that the courthouse has a metal detector at the Newbury Street entrance on the south side of the courthouse.

Hope to see you there!