Trial and Error

Jun 20, 2012

The trial related to Dennis Dechaine’s 2010 suicide attempt at Maine State Prison ended on Tuesday, June 19, 2012, before it even began. The charges of felony drug trafficking and possession were reduced to misdemeanor possession, and Dennis pleaded no contest to the lesser charge.

Justice William S. Broderick then set the sentence at three months in prison and a $400 fine. The time to be served begins immediately and is likely to be completed before the motion-for-retrial hearing on the murder charge resumes after new DNA testing is performed. In other words, the possession sentence will not be tacked on to the end of the life sentence Dennis is currently serving, but rather the life sentence is being interrupted for the three months while he serves the
possession sentence.

As Dennis’s lawyer, Steve Petersen puts it, the sentence “makes no practical difference” in Dennis’s situation. If the motion-for-retrial hearing on the murder conviction results in a new trial in which Dennis is acquitted, he will be released from prison without having to serve additional time for the possession charge.

The retrial hearing, which began on June 12, was continued after three days until further DNA tests could be performed. The judge in the case, Carl O. Bradford, will eventually deliberate on the evidence presented during the hearing as well as on results from the new testing. He will then decide whether to grant Dennis a new murder trial in which ALL the pertinent evidence can be presented, including important time-of-death information not being considered in the current
motion-for-retrial hearing.

Below is the July 10, 2010 letter Dennis wrote to Trevor Maxwell, then a reporter for the Portland Press Herald, about the suicide attempt…

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