Trial and Error

The Outcry for Justice in the Dennis Dechaine Case

Trial & Error Newsletter

Aug 23, 2013

Dear Supporters,
It has been more than a year since the last hearing. (It has also been a long while since you have received a newsletter — our policy is to send out newsletters only when there is news that we can report.) The result of the June 2012 hearing was that Judge Bradford permitted more DNA testing on the scarf (which belonged to Dennis and was taken from his truck) and on Sarah’s shirt. Male DNA was obtained from both items, but was so degraded that no complete profiles could be obtained. Dennis has asked that no possible DNA stone be left unturned. It is probable that the next hearing will occur this October.

On July 8 Dennis completed 25 years in prison. And all for a crime that the scientific evidence says he did not commit. How long is 25 years? How long is 25 years spent in prison? How long is 25 years spent in prison for a terrible crime that someone else committed? Only Dennis really knows. On August 12, 2013, Dennis wrote:

“When I was arrested for Sarah Cherry’s murder in 1988 I believed that the assistant attorney general assigned to the case, Eric Wright, would use his authority to arrive at the truth and, as a result, I would be a free man. With a legion of law enforcement agents at his disposal, it seemed inevitable, at least to me, that the killer would quickly be discovered. My faith in Wright began to wane when he argued against having DNA testing done prior to trial, despite the fact that I offered to pay for it. I simply couldn’t fathom how anyone claiming to be a defender of truth and justice could be opposed to having science speak objectively in this case.

“When my attorney, Tom Connolly, was finally able to have Sarah Cherry’s thumbnails tested after my conviction I was at my most hopeful when the testing revealed that at least two genetic patterns were discovered under one nail. In keeping with its apparent aversion to science, the Attorney General’s Office did all it could to prevent me from submitting my own blood for comparison. It took a great deal of political pressure to move the process along, and when my DNA was eventually excluded as a donor, I thought my ordeal was finally over. Science was speaking on my behalf, but not for the first time.

“Prior to trial, blood tests conducted by the State Medical Examiner’s Office on eight fingernail clippings taken from Sarah revealed that the blood type was the same as Sarah’s, but not mine. What was interesting was the presence of an H antigen, carried by neither Sarah nor me. That revelation alone should have been enough to compel DNA testing, but at this point it appeared that no one in the justice system was interested in having opinion undermined by fact. I wasn’t too worried, though. After all, we still had hair that had been gathered at the crime scene , along with a rape kit. If just one hair or cells from the rape kit matched the DNA patterns discovered in Sarah’s thumbnail, proof of my innocence would be indisputable. Science was not only my best witness, but also my greatest hope for justice.

“Imagine my horror, after requesting to have that crime scene evidence tested, to learn that, under orders from the Attorney General’s Office, it had been incinerated by the crime lab. In most states this egregious attack on truth and justice would be sufficient to have the case overturned by the courts, while bringing charges against the perpetrators for obstruction of justice. But in Maine, at that time, the destruction of DNA evidence carried no such risk. The courts simply ignored flagrant efforts to undermine truth. Trying to attain justice in this morally deficient environment was, to say the least, an uphill battle.

“The good news is that the destroyer of evidence never anticipated advances in Touch DNA technology that now allows labs to get results from just a few cells. That, combined with a DNA law that requires the preservation of evidence, allows me to harbor hope that science will finally reveal the truth in this case.

“What is as certain as scientific proof is the fact that no DNA testing would never have been done without the tireless efforts of Carol Waltman and many supportive members of Trial and Error. It is your passionate pursuit of justice that has kept this case alive, and rekindled my hope. Thank you!”

For the record, incinerated along with the rape kit and unidentified hair, were the eight fingernails and Sarah’s pants. And as was revealed in the June 2012 hearing, the Attorney General’s Office had engaged in DNA testing back in the summer of 1988, and thus was obviously well aware of the science. In fact, according to a statement by the Chief Medical Examiner at the time, which is in the case files, Eric Wright was considered the Office’s DNA expert.

Returning to the present, Dennis has been doing very well, all things considered. A great and positive change in his life has come from his being able to enroll in college courses taught at the prison by faculty from the University of Maine at Augusta. He has taken courses in human evolution, Spanish I and II, short story writing, Holocaust studies, and more, and has received top grades in every class. He reports that when he is in the classroom he “is not in prison.” His evenings are often spent tutoring fellow students. The college program at MSP is funded by the Sunshine Foundation, which is the creation of Doris Buffett, Warren Buffett’s sister, who summers in Maine. Dennis reports that its value to the prison reaches far beyond the enrolled students due to the good example they set for others.

Dennis also has a full-time job (often filling 6 days a week) as clerk of the Prison Industries upholstery shop. His duties include accounting, estimating, ordering, and payroll. Over the years he has become an expert upholsterer and was called out of “retirement” for a rush job to reupholster a very fancy chair used by the governor in a conference room. Officials in Augusta were so impressed by the job that Dennis did that a photographer was sent to Warren to take a picture of Dennis sitting in the chair. Dennis said that he thought about trying to commute his sentence while he was sitting in the chair, but decided that probably it would not work. After 25 years of disappointment, somehow Dennis still has his sense of humor, as anyone who has visited Dennis will tell you. No doubt that is one reason he has survived as well as he has.

On July 8, 1988 – the day Dennis was arrested – Fran Miller, now of Whitefield, celebrated her 65th birthday. She was certain from the beginning that Dennis was innocent, and reading Jim Moore’s book Human Sacrifice in 2002 confirmed her belief. She has been tireless in her efforts to spread information about the case and has persuaded a great many people to read the book. Last week she visited Dennis. (On July 8, 2013 Fran was turned 90, putting the 25 years that have passed into perspective.)

Just as supporters only receive a newsletter when we have definite news to deliver, our policy is not to actively seek to raise funds except when we see a definite upcoming need. (Which is not to say that we do not greatly appreciate the many contributions which come in at other times.) The upcoming need that is now on the horizon is the next hearing.

Once again Trial & Error will be responsible for covering expenses for some expert witnesses whose testimony will be critical to Dennis’s future. The cost for a single expert witness, including a day or more in court, airfare, travel time, research time, and lodging, can exceed $7,000. Trial & Error may also be responsible for further testing costs. All contributions, even ,small ones, are helpful and are appreciated. In fact, if everyone who has received this newsletter were to send only $10 or $15 our needs would be met at little cost to any single person. Contributions may be made online Pay Pal or mailed to Trial and Error P.O. Box 153, Madawaska ME 04756. All contributions to Trial & Error are tax-deductible.

Also, just a reminder that we will be at the Common Ground Fair again this year, so please come see us there on Sept 20, 21, 22. Our booth will be in the middle of the middle of three Social and Political Action tents.

We ask that you forward this newsletter to everyone on your mailing list and ask them to do the same, post it on Facebook, Twitter or any social media you choose to use. From the bottom of our hearts, we thank you for your continued support!

Sincerely,

Carol Waltman
Bill Bunting
Don Dechaine
Nancy Farrin
Steven Sandau
Bernie Huebner
Bob MacLaughlin
Eugenie Nakell

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Human Sacrifice: On the Altar of Injustice

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