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Portland man arrested after daytime stabbing in Bayside neighborhood

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Portland police charged a 39-year-old man with aggravated assault after he allegedly slashed a man with a knife during a fight in the city’s Bayside neighborhood Monday afternoon.

Robert Jerome of Portland was arrested after police found the 37-year-old victim with wounds to his chest and hands about 3 p.m. in the area of Alder and Portland streets.

The victim, who was not identified, was treated by paramedics at the scene for injuries that were not life-threatening, police said Tuesday.

Officers found Jerome at his home nearby and quickly arrested him, police said. He is alleged to have choked and cut the victim during the fight.

Jerome and the victim knew each other and the reason for the attack is still being investigated, police said. Anyone who might have witnessed the incident or who has information about what happened is being urged to call police at 874-8575.

Jerome is being held at the Cumberland County Jail until his first court appearance, and also faces another count of violating the conditions of release.

The incident occurred in the heart of Bayside, which has seen a rash of violent incidents in recent months, including a fatal shooting.

The neighborhood is home to the city’s primary homeless shelter and a cluster of other social services. While police have said the users of the shelter and other services in Bayside are not responsible for the recent violence, the crimes have fueled resistance to a city plan to replace the Bayside shelter with a more modern version that would be built in the Nason’s Corner neighborhood on the western edge of the city.

Matt Byrne can be contacted at 791-6303 or at:

mbyrne@pressherald.com

Twitter: MattByrnePPH


Belgrade man asks Maine’s high court to overturn sexual assault conviction

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A 24-year-old man serving seven years in prison for sexually assaulting an 11-year-old girl in a portable outhouse in North Belgrade wants the state’s highest court to reverse two rulings in his case.

Travis R. Gerrier, of Belgrade and Dixmont, pleaded guilty conditionally last August to charges of gross sexual assault, unlawful sexual contact and furnishing liquor to a minor with the understanding that he could withdraw those pleas if the Maine Supreme Judicial Court, acting as the Law Court, ruled in his favor in the appeal.

He is appealing rulings that found him competent to stand trial and that refused to suppress a confession Gerrier made to a state police detective after Gerrier and the girl were found together in the outhouse the night of June 3-4, 2015, after the girl’s family had reported her missing. Gerrier was arrested June 12, 2015, on the charges.

At the August 2017 plea hearing, Assistant District Attorney Kristin Murray-James described the crimes, saying Gerrier knew the girl was 11 and that she told him via Facebook that she was walking to the snack shack in Belgrade after an argument with her mother. Murray-James said Gerrier brought a bottle of whiskey-laced Gatorade with him.

The girl later said, “After drinking it, she felt dizzy and out of it,” Murray-James noted.

In contrast, Gerrier’s defense attorney said various evaluators found he had the mind of an 11- or 12-year-old and that he was not capable of understanding the court process and communicating and cooperating with his attorney.

At oral arguments last week in Portland, Gerrier’s attorney, Harold Hainke, said Gerrier has aspects of autism, pervasive developmental disorder, mood disorder and social anxiety and would have difficulty communicating with his attorney.

“He thought if (the girl) explained that the acts were consensual, he may be let go,” Hainke said.

Supreme Court Associate Justice Donald Alexander pointed out that Gerrier and the girl exchanged 50 messages through text and/or Facebook to arrange the meeting that night and that Gerrier brought alcohol.

“Clearly he did a lot of communication with the victim, advance planning to get her under the influence perhaps,” Alexander noted. “That doesn’t look like someone incapable of communicating with their attorney.”

Hainke said the superior court judge should have relied more on a competency evaluation done by psychologist Robert Riley rather than two earlier evaluations by others performed for different purposes.

Associate Justice Jeffrey Hjelm asked, “Is it the state’s burden to prove that a defendant is competent, or is it the defendant’s burden to prove that he is not competent?”

Hjelm said the answer affects the law court’s standard of review.

Hainke said he did not known the answer.

Associate Justice Ellen Gorman asked Hainke, “How can you argue that the court was compelled to believe what Dr. Riley said when he testified?”

Hainke said Riley’s evaluation, and the most recent, were specific for competence.

Gorman said, “A trial judge’s job, as you know, is to sift through all the evidence that has been presented and determine what is the most reliable, what is the most convincing, and based on that, make a decision. You’re suggesting that the trial judge erred in accepting medical testimony, medical evidence from two people who did not find your client to be incompetent. How can we say that a trial judge is compelled to do that?”

At the oral argument, Murray-James asked the justices to uphold the lower court rulings. She said Gerrier’s statements to the detective were voluntary and that Gerrier understood he was not in custody when being questioned in the police vehicle and was told three times he would not be arrested that night.

The 98-minute recording was played in the courtroom at the suppression hearing.

Murray-James said Gerrier had been prepared to accept a deal to plead to the lesser charge of unlawful sexual contact until he realized it required him to register as a lifetime sex offender.

“Competency doesn’t change depending on what crime you’re charged with and what sentence you may be facing,” she said.

At that time, in August 2016, Gerrier was removed kicking and screaming from the court. The proposed sentence was to be nine months in jail.

Gerrier talked about that incident at his sentencing hearing, telling Justice Donald Marden, “I just want to say I apologize for my outburst that day and that I am extremely sorry for my actions and what I done. If I could take this back I would, but I can’t. I’m not asking that anyone forgive me, but if they did, it would mean a lot.”

Alexander said, “In reality, there’s probably a higher degree of competency to affirmatively waive rights than to exercise rights to silence and stand trial.”

In rebuttal, Hainke argued that Gerrier could not perform any advanced thought processes.

The Law Court issues rulings in writing some time after the hearings.

Gerrier is serving his sentence at Mountain View Correctional Center. The Maine Department of Corrections’ website indicates his earliest release date is in April 2022. The prison term is to be followed by 20 years of supervised release.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

Kennebec Journal July 24 police log

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IN AUGUSTA, Monday at 6:45 a.m., a mental health and well-being check was done on Summer Street.

6:50 a.m., theft was reported on Cony Street.

6:53 a.m., disorderly conduct was reported on Market Square.

7:50 a.m., disorderly conduct was reported on Green Street.

8:14 a.m., a mental health and well-being check was done on Hillcrest Street.

8:28 a.m., criminal trespassing was reported on Boothby Street.

8:54 a.m., a mental health and well-being check was done on Green Street.

9:31 a.m., theft was reported on Cony Street.

9:51 a.m., criminal trespassing was reported on Raven Road.

10:51 a.m., harassment was reported on Union Street.

12:30 p.m., a disturbance was reported on Northern Avenue.

12:31 p.m., disorderly conduct was reported on Northern Avenue.

12:37 p.m., suspicious activity was reported on Brookside Avenue.

12:59 p.m., a disturbance was reported on North Street.

1:08 p.m., an animal well-being check was done on Stephen King Drive.

1:10 p.m., a well-being check was done on South Chestnut Street.

3:06 p.m., theft was reported on South Grove Street.

3:14 p.m., an animal well-being check was done on Whitten Road.

3:36 p.m., a well-being check was done on Whitten Road.

3:49 p.m., a mental health and well-being check was done on Summer Street.

4:05 p.m., theft was reported on Laurel Street.

4:16 p.m., a traffic accident causing injury was reported on Pleasant Street.

4:28 p.m., a disturbance was reported on Patterson Street.

4:30 p.m., a disturbance was reported on Gage Street.

4:40 p.m., mental health and well-being checks were done at locations around the city.

4:49 p.m., criminal mischief was reported on Middle Street.

6:21 p.m., harassment was reported on School Street.

6:45 p.m., harassment was reported on Fieldstone Drive.

7:54 p.m., a well-being check was done on Capitol Street.

8:01 p.m., a well-being check was done on State Street.

8:10 p.m., needles were recovered on Summer Street.

8:15 p.m., suspicious activity was reported on Chapel Street.

8:18 p.m., criminal trespassing was reported on Chapel Street.

8:54 p.m., a hit-and-run traffic accident was reported on Winthrop Street.

9:25 p.m., disorderly conduct was reported on Eastern Avenue.

10:57 p.m., a disturbance was reported on New England Road.

Tuesday at 2:14 a.m., criminal trespassing was reported on Medical Center Parkway.

2:39 a.m., suspicious activity was reported on Stone Street.

IN GARDINER, Monday at 3:42 p.m., criminal mischief was reported on Partridge Drive.

IN MONMOUTH, Monday at 5:06 p.m., harassment was reported on North Main Street.

8:10 p.m., harassment was reported on Blaisdell Road.

ARRESTS

IN AUGUSTA, Monday at 10:59 a.m., Timothy Joseph Colvin, 36, of Augusta, was arrested on a charge of disorderly conduct (loud, unreasonable noise), after disorderly conduct was reported on Jabee Lane.

4:18 p.m., Ian Watson, 31, of Augusta, was arrested on a charge of domestic violence assault, after disorderly conduct was reported on Mount Vernon Avenue.

IN DRESDEN, July 18, Jeffrey A. Peaslee, 31, of Dresden, was arrested on a charge of violating conditions of release, on Middle Road.

SUMMONS

IN JEFFERSON, Friday, Chad Overlock, 43, of Jefferson, was summoned on a charge of operating under the influence, on Augusta Road.

Sidney woman sentenced on federal drug charge

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A Sidney woman who testified in a recent murder trial in Augusta was sentenced Monday in federal court for maintaining a drug-involved premises and aiding and abetting.

Amanda Ware, 31, was sentenced to time served and was placed on supervised release for three years after Monday’s hearing in U.S. District Court in Bangor. A separate charge of conspiracy to distribute heroin and cocaine base was dismissed.

According to a prosecution memo arguing against a reduced sentence for Ware, “The defendant admitted that she exercised dominion and control over the residence and contributed to its maintenance and acknowledged that, despite raising a family there, drug dealing was a substantial purpose of the residence.”

Assistant U.S. Attorney Joel B. Casey noted in the same memo that a co-defendant, Denton Worrell, possessed a firearm in those premises “in furtherance of the crime.”

Ware and three others were arrested in October 2016 after a police raid on her Shepherd Drive home.

Seized at the residence were 1 ounce of crack cocaine, 8 grams of heroin, a half-pound pound of marijuana and $1,000 cash, according to a news release from the Kennebec County Sheriff’s Office. While Ware was charged initially in state court with three counts of unlawful trafficking in drugs, unlawful possession of drugs and criminal conspiracy, those charges were dismissed in December 2016.

She was arrested on the federal charges in August 2017 and released on $5,000 unsecured bail with conditions. However, she was re-arrested a month later for allegedly violating those conditions.

She pleaded guilty March 7, 2018, to maintaining a drug-involved premises and aiding and abetting in connection with a central Maine drug conspiracy. A plea agreement capped her jail time at 18 months. She was represented by attorney Edward MacColl. Ware was one of 16 defendants in the federal case.

On May 17, 2018, Ware, who was being held at the Hancock County jail, was called as a witness by the prosecution at the jury-waived trial of Aubrey Armstrong, who was accused of murder in the November 2015 bludgeoning death of Joseph Marceau in Augusta. The trial was held at the Capital Judicial Center in Augusta.

Ware testified that she had encountered Armstrong in Augusta and in various drug deals, and recalled he used a white or silver cellphone. Ware said that a white cellphone found by investigators on the ground outside the building where the slaying took place could be the one she saw Armstrong using. It was shown to her in a plastic evidence bag.

She also testified that she had talked with Armstrong about marijuana — which she said was his drug of choice, not hers — and that he told her “something about him being down 10 grand and he had to come up with 10 grand before going home.”

Armstrong, of Far Rockaway, New York, was cleared of murder but convicted of felony murder and robbery of Marceau.

She also testified that she and her attorney had negotiated various immunity agreements about her testimony.

Conditions of her federal supervised release require her to participate in mental health treatment and workforce development programs, and they prohibit her from use or possession of alcohol and illegal drugs.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

Juror screening begins in Paul Manafort’s fraud trial in Virginia

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About 70 people in northern Virginia took their first steps in the jury selection process for the case of Paul Manafort when they filled out written questionnaires exploring their personal lives and factors that may influence their attitude toward the trial.

Manafort, President Trump’s former campaign chairman, wore a dark suit to the 20-minute courtroom session Tuesday. On Monday, without potential jurors present, Manafort, 69, wore a green jail jumpsuit at a hearing for his bank- and tax-fraud trial in federal court in Alexandria.

Paul Manafort is charged with bank fraud and tax fraud.

U.S. District Judge T.S. Ellis III told the jury pool that the trial will last three weeks and that they would be asked in a questionnaire about whether they’ve formed any opinions based on news accounts about the high-profile case prosecuted by Special Counsel Robert Mueller.

He summarized some of the questions for the group, including: “Can you put aside any opinions you have, based on what you’ve read or heard, and review the case based solely on the evidence?”

The jury will be chosen next Tuesday when the group returns to answer questions from the judge based on their written responses to 27 main questions. As with other trials, the topics include work history, education, prior jury service, attitudes toward law enforcement, and experience with the criminal justice system.

But some of the questions are unique to Manafort’s trial. He’s accused of failing to disclose income from or the existence of offshore accounts that held millions of dollars he earned as a political consultant in Ukraine. He’s also charged with lying to banks to obtain $20 million in loans backed by real estate.

The questions include whether a person has been audited by the Internal Revenue Service; worked as an auditor, mortgage officer, tax preparer or accountant; been employed by a bank or financial institution; or applied to finance or refinance real property.

“Is there anything about the process of applying for financing or refinancing that you found remarkable?” the potential jurors are asked. “If so, please describe.”

Manafort’s business ties to foreign governments or leaders, specifically Ukraine and its president, are also referenced in the questionnaire.

“Having ties to a foreign government or leader is, of course, in and of itself, not a crime,” the potential jurors were told in the questionnaire. “But knowing this information would you nonetheless find it difficult to decide the case fairly and impartially based solely on the evidence?”

Prosecutors disclosed a bit more about the witnesses they may have. When asked by the judge about what law enforcement witnesses the government may call, Prosecutor Greg Andres said they may include agents from the FBI, IRS and the Treasury Department’s Financial Crimes Enforcement Network.

On Monday, the judge ordered prosecutors to give their witness list to Manafort’s lawyers. At the hearing Tuesday, he said he’ll make the list public later this week. A prosecutor said that’s not a typical practice.

“Why shouldn’t it be made public?” Ellis said. “This is not a typical case.”

Teacher accused of sex assault exchanged 94 texts with student, cyber expert says

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ALFRED — A forensic cyber expert testified Tuesday that former Kennebunk High School teacher Jill Lamontagne and the male student she is accused of sexually assaulting exchanged 94 text messages between May 28 and June 9 in 2017.

The pair also exchanged 86 telephone calls over six months, Saco Police Department Detective Fred Williams testified during the second day of Lamontagne’s trial in York County Superior Court on 14 counts: six Class C felony charges of gross sexual assault involving an individual over whom she had instructional, supervisory or disciplinary authority; two Class D misdemeanor charges of unlawful sexual contact; and six Class D misdemeanor charges of sexual abuse of a minor.

A detective said a text from the phone of Jill Lamontagne, above, to a student said “can’t stop thinking about you.”

The former student, who is now 19 but was 17 at the time of the alleged assaults, took the stand again Tuesday after testifying Monday that he believed he and Lamontagne were in love. The Press Herald does not identify victims of alleged sex crimes without their consent.

The teen had been having trouble with his grades and Lamontagne’s defense attorney, Scott Gardner, said his client had volunteered to help the boy with his English courses so he could graduate with his classmates in June 2017.

The teen’s parents, his friend Caleb Shields, Kennebunk Police Detective Stephen Borst, and Kennebunk High teacher Jason Sullivan, who was an assistant principal at the time, also testified Tuesday.

Williams, under questioning by prosecutor Nicholas Heimbach, said one of the text messages sent to the alleged victim’s phone from Lamontagne’s phone on May 28, 2017, said “can’t stop thinking about you.”

Another text to the teen’s phone from Lamontagne’s number said, “My heart is racing,” Williams said.

A third text, sent June 9, 2017, at 1:23 p.m. said, “Will you call me and talk.”

On Monday, the teen had testified that he and Lamontagne had oral sex in a closet in her portable classroom and at her home in West Kennebunk. He said their relationship began to change as the end of the school year approached, and that he had tried to take his life on June 9, the day he was supposed to be at school for an assembly for graduating seniors.

Instead, he went home from school that morning, drank “six or seven Twisted Tea” alcoholic drinks and took some medication, he testified Tuesday during cross-examination from Gardner, Lamontagne’s defense counsel.

His parents, who had attended the assembly believing their son would be there, arrived home, saw his condition and took him to Maine Medical Center in Portland.

His mother, a nurse, became emotional when she testified about finding their son unconscious when they arrived home that day.

Gardner noted that were some discrepancies between the time period the teen told an investigator on July 12, 2017, that he and Lamontagne had sexual encounters and the time period he referenced at trial.

Gardner questioned the teen further, noting that after one alleged May 2017 encounter at Lamontagne’s home, the two had talked about how much they loved each other and what the future might hold.

“Perhaps plan a life together?” Gardner asked.

“Possibly, yes,” the teen said.

Gardner asked the teen if he would accept Lamontagne’s two children.

“Not now, but yes, then,” the teen said.

Gardner asked if the teen had been planning to support the family.

“I don’t know what I was planning,” he said.

Gardner noted that the teen had retained an attorney and suggested he was planning to sue Lamontagne and RSU 21.

“I’m not aware of that,” the teen said. He said he filed a motion to keep that option open.

“If she were found guilty that would help you in a civil case,” Gardner said.

“It would if I go forward with it,” the teen responded.

Caleb Shields told prosecutors that his friend seemed very confident at the beginning of the second semester in 2017, but as the semester went on his friend got quieter and sad.

“I knew something was wrong,” Shields said.

Shields testified that on one occasion, he was awakened by a call from Lamontagne, who asked if he was with the alleged victim and how he was doing. Shields testified that Lamontagne told him to tell the teen she loved him, but under cross-examination he said that communication may have been by text message.

Lamontagne grew up in Kennebunk and graduated from the high school in 2006, going on to earn a master’s degree in education in 2013. She resigned from the high school after teaching health there for about five years. Her father is a longtime teacher at the high school and her husband is an electrician. The couple have two young children.

The courtroom was full of observers Tuesday, many of them supporting Lamontagne and her family. However, her supporters didn’t hold signs outside the courthouse as they had on Monday, when Kennebunk High science teacher Melissa Luetje said her former colleague has been falsely accused.

The trial will resume Wednesday.

Tammy Wells can be contacted at 282-1535, ext. 327, or at:

twells@journaltribune.com.

Sanford woman faces theft by extortion charge

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SANFORD — A woman arrested on Monday on a felony extortion charge is expected to make her first court appearance on Wednesday afternoon.

Candace Hallczuk

Sanford Police say Candace Hallczuk, 30, of Sanford, was taken into custody following a call to police at about 2:45 p.m. Monday.

Police were called by an individual who reported possible harassment, but the investigation turned up grounds for a different charge.

Sanford Deputy Police Chief Tim Strout said police allege Hallczuk “did commit theft by extortion by receiving money after threatening the victim to provide information that would substantially harm the victim’s personal relationships.”

The amount of money allegedly extorted from the victim was not disclosed.

Hallczuk was taken into custody and transported to York County Jail without incident, said Strout.

Theft by extortion is a class C crime, which carries a maximum prison term of five years.

A York County Jail corrections officer on Wednesday morning said Hallczuk is being held without bail. Her first court appearance will be made by video from the jail to Springvale District Court.

Auburn men headed to trial in drug cases in which Lamborghini was seized

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Two Auburn men arrested and charged earlier this year in a sweeping federal drug raid are scheduled to go on trial in U.S. District Court in September.

Brian Bilodeau, 33, and Tyler Poland, 32, were indicted last month by a grand jury. Jury selection in each defendant’s trial is expected to begin Sept. 4, according to court documents.

L. to R.: Tyler Poland in a 2014 jail photo and Brian Bilodeau competing in the 2016 Maine Open golf tournament.

Bilodeau is facing two felony counts: possession with intent to distribute marijuana and possession of a firearm in furtherance of a drug trafficking crime.

The first charge is punishable by up to 20 years in prison and a $1 million fine. On the second charge, Bilodeau faces five years to life in prison and a fine of up to $250,000.

Poland was indicted on two counts: possession with intent to distribute MDMA, commonly known as ecstasy, and possession with intent to distribute marijuana. The maximum punishment for each of the felonies is 20 years in prison and a fine of up to $1 million.

Both men pleaded not guilty at arraignment to all counts and are free on bail. Both men were ordered to surrender their passports.

The charges stem from a Feb. 27 federal raid in the by drug agents, who said a drug trafficking organization was distributing large quantities of marijuana under the cover of Maine’s medical marijuana program. Officials alleged that the organization sold to buyers who were not legal participants in the state-sanctioned program and included out-of-state customers.

Federal, state and local law enforcement agents had executed more than 20 search warrants in the Lewiston-Auburn area.

Agents searched Bilodeau’s home, where they seized a reported 183 pounds of marijuana, butane hash oil, a loaded .380-caliber pistol, a loaded 9mm pistol, an unloaded .45-caliber pistol and an unloaded .22-caliber rifle.

The marijuana, hash oil and one gun were found in a concrete room measuring 8 feet by 10 feet in the basement of Bilodeau’s home, The room was secured with a metal vault door, according to an affidavit filed by a federal drug agent. Two guns were found in the master bedroom, one on top of a nightstand and loaded. The rifle was found in another bedroom.

Agents also seized a 2016 Lamborghini Huracán, valued at $190,000, and a 2014 Nissan GT-R, valued at $60,000. Automobiles can be forfeited as proceeds from drug trafficking, assisted in drug trafficking or were involved in money laundering offenses.

In his indictment, Bilodeau faces forfeiture to the federal government any money used in the commission of crimes with which he is charged, and any guns used in crimes, including his Beretta BU9 Nano 9mm pistol found in his home.

He was arrested Feb. 28.

On Feb. 27, federal agents searched the house, warehouse and office of Poland, who was arrested March 12.

The search of Poland’s office turned up files for his company, TY Construction, which is incorporated in Maine, according to agents.

In the office, agents discovered pink ecstasy pills in a small credenza between two bookshelves, according to an agent’s affidavit filed with the court.

Agents also found two bags concealed behind another desk in the office. One bag contained pink pills, the other white pills believed to be alprazolam, a generic prescription tranquilizer. No prescription bottle for the medication was found at the office, Gagnon wrote.

Tax records reflected income earned by TY Construction, the agent wrote.

Agents found a key in a baseball glove that opened an office safe where $140,000 in cash had been secured. Another $16,370 in cash was found elsewhere in the office.

Poland faces forfeiture of all property seized by agents that is believed to have been received in connection with the drug charges again him.

The property includes: $156,370 in cash seized from his office Feb. 27, a Tag Heuer Carrera Calibre 1887 wristwatch, $72,293.39 in three TD Bank accounts and $220,000 in a Mechanic Savings Bank account.

cwilliams@sunjournal.com


Skowhegan woman, two juveniles charged with stealing camping equipment

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A Skowhegan woman remained held Wednesday morning at the Franklin County jail in Farmington after her arrest Tuesday on charges that she and two juveniles had stolen camping equipment.

Franklin County Sheriff Scott Nichols said in a news release Wednesday that Marie Valcourt, 23, of Skowhegan, was charged after Deputy Brian McCormick received information that a theft of camping equipment had just occurred at the Wyman Beach Campsite off the Flagstaff Road in Eustis.

A car identified as a purple Chrysler PT Cruiser was seen leaving the campsite. While traveling to the crime scene, McCormick saw the car in Carrabassett Valley on Route 27. He stopped it and found a female driver and two male juvenile passengers.

After conducting an interview with the driver, McCormick arrested Valcourt on a misdemeanor theft charge. The two male passengers, a 16-year-old boy from Skowhegan, and a 17-year-old boy from Norridgewock, were both issued juvenile summons for theft. Police are withholding the the boys’ identities because of their age.

Nichols said most of the items were recovered, except for a Go Pro camera and $400 dollars in cash.

Valcourt was taken to jail without incident. She remained held Wednesday morning, unable to post $1,000 cash bail, according to a jail intake worker.

The car was turned over to one of the boys. Sgt. Matt Brann assisted McCormick with the arrest.

Doug Harlow — 612-2367

dharlow@centralmaine.com

Twitter:@Doug_Harlow

Former Kennebunk teacher takes the stand to defend herself against sexual assault charges

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ALFRED — A former Kennebunk High School teacher took the stand Wednesday to defend herself against charges she sexually assaulted a former student, testifying in York County Superior Court that the 17-year-old boy was troubled and that she “was concerned for his safety.”

Jill Lamontagne said she had been tutoring the student so he could graduate and was worried about him when she called him several times on May 31, 2017.

“I was concerned for his safety,” Lamontagne said in response to questions from her attorney, Scott Gardner, on the third day of her trial.

Lamontagne, 30, is being tried on 14 counts: six Class C felony charges of gross sexual assault involving an individual over whom she had instructional, supervisory or disciplinary authority; two Class D misdemeanor charges of unlawful sexual contact; and six Class D misdemeanor charges of sexual abuse of a minor. She says she has been falsely accused.

In testimony Monday, the teen, now 19, said he and Lamontagne had sexual contact multiple times at school and at her home in 2017. The Press Herald does not identify victims of alleged sex crimes without their consent.

Lamontagne resigned in September 2017 after teaching health at Kennebunk High School for about five years. The 2006 Kennebunk High graduate was offered a job teaching health at the school in 2012 after first working a year as an education technician. She earned a masters degree in education in 2013.

Former Kennebunk High School teacher Jill Lamontagne confers with her attorney Scott Gardner during her trial at York County Superior Court on Wednesday. Lamontagne is on trial for sexual assault charges involving a Kennebunk High School student while she was a teacher there.

On Monday, the teen had testified that he and Lamontagne had oral sex in a closet in her portable classroom and at her home in West Kennebunk. He said that he believed he and Lamontagne were in love, but their relationship began to change as the end of the school year approached in 2017, and that he had tried to take his life on June 9, the day he was supposed to be at school for an assembly for graduating seniors.

On Wednesday, Lamontagne was composed as she answered questions posed by Gardner after taking the stand in the afternoon. She said she became aware that the teen was having difficulties in school when she learned he had accidentally skipped a exam in a class taught by her father, a math teacher at Kennebunk High.

“It became more evident that math was not the only thing he was struggling with,” Lamontagne said.

She said she told him if he needed help with his work to let her know. She testified that she spoke with the teen’s guidance counselor and the two worked out how to adjust his schedule so she could help him with his classes. She said he was having difficulty in English and history, and had not accumulated the community service hours required to graduate.

She said the bus that took students to morning vocational classes would pick up students outside her portable classroom, and that he and other students heading to the Biddeford Center of Technology would sometimes stop by her classroom first.

“Did you kiss him?” Gardner asked.

“No,” Lamontagne said.

Gardner asked more detailed questions about the physical allegations of sexual contact that the boy had described in his testimony Monday.

“No, never,” Lamontagne replied.

Her testimony came after the defense presented witnesses who cast doubt on the teen’s allegations, with some testifying that Lamontagne had been with them at times when she is alleged to have been having sex with the former student.

Lamontagne’s husband testified in her defense Wednesday, saying it wasn’t unusual for his wife to come to the aid of students when they needed help.

Under cross-examination by Deputy District Attorney Justine McGettigan, Steve Lamontagne said his wife had left a family gathering on a Sunday to meet the boy because he needed help. He said he wasn’t sure what month that had taken place, but that it was the only weekend day she had gone to meet with the teen.

“He needed help,” Steve Lamontagne said. “She was going to help a kid who needed help.”

The prosecutor asked Steve Lamontagne if he ever checked his wife’s phone for messages.

No,” he responded. “I trusted my wife.”

Former Kennebunk High School teacher Jill Lamontagne answers questions from her attorney Scott Gardner while on the witness stand during her trial at York County Superior Court on Wednesday. Lamontagne is on trial for sexual assault charges involving a Kennebunk High School student while she was a teacher there.

A former colleague of Jill Lamontagne’s testified that the two were enjoying strawberry rhubarb crisp and wine at her Kennebunkport home on May 10, 2017, which is the same afternoon that the alleged victim told the court that he and Lamontagne met at Lamontagne’s West Kennebunk home.

Sara Young, who retired from teaching at Kennebunk High, said that day was the first time the former colleagues had a chance to get together. Young said Lamontagne had arrived at her home around 2:45 p.m., and departed around 4:30 p.m.

In addition, the Lamontagnes’ daycare provider, Amanda Stevens, testified that on May 23, 2017, Steve Lamontagne dropped off the couple’s two children as usual that morning and asked that Stevens have them do something special for their mother because it was her birthday.

Stevens testified that the children had made a crown and presented it to his wife when she arrived in the afternoon to pick up them up. She said Jill Lamontagne arrived sometime around 2:35 p.m. after a school bus dropped off another child at the daycare and that she believed she had departed by 3 p.m.

The dates coincide with the two afternoons that the victim had earlier testified that he and Lamontagne had sexual relations at her West Kennebunk home.

Other testimony on Wednesday revealed an error in the calculation of the number of phone calls exchanged between the alleged victim and Jill Lamontagne. There were 43 calls during a six-month period in 2017, not 86 as stated in testimony Tuesday.

Cyber expert Fred Williams, under questioning by prosecutor Nicholas Heimbach, said that a calculation cited in previous testimony had duplicated the number of telephone calls. He also testified that the time that calls were made was in error as well because daylight saving time had not been taken into account.

The number of calls the two had exchanged had been raised by the prosecution during Williams’ testimony on Tuesday, and Lamontagne testified Wednesday that there were multiple calls on May 31, 2017, because the teen was in a location where his cellphone kept dropping calls.

Williams also testified Tuesday that Lamontagne and the student exchanged 94 text messages between May 28 and June 9 in 2017.

Under questioning by Heimbach, the prosecutor, Williams said the texts sent from Lamontagne’s phone to the teen’s included messages such as “can’t stop thinking about you” and “my heart is racing.”

On Wednesday, Gardner asked Lamontagne if she had given the teen her cellphone number. She said she had not, but said her number would be easy to acquire as she coached two sports and helped students find ways to fulfill community service requirements.

She testified she did not give him her Snapchat app name, but pointed out that Snapchat allows contact with the use of cellphone numbers.

She said the teen had talked to her about his life and that she had concerns about his emotional state.

Gardner asked Lamontagne if she had sent the teen a recording of a song.

She said she had.

“The song had lyrics about people’s ability to change,” she said.

“Was it (sent) to profess your undying love for him?” Gardner asked.

“Absolutely not,” she replied.

The prosecution is expected to begin their cross-examination of Lamontagne on Thursday morning.

Tammy Wells can be contacted at 282-1535, ext. 327, or at:

twells@journaltribune.com

Morning Sentinel police log for July 25

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IN ATHENS, Tuesday at 5:07 p.m., police were called to assist another agency on North Road.

IN CANAAN, Tuesday at 7:08 p.m., suspicious activity was reported on Main Street.

IN CLINTON, Tuesday at 9:35 p.m., suspicious activity was reported on Stoney Ridge Road.

IN EMBDEN, Tuesday at 8:51 p.m., police and fire units were sent to a call on New Portland Road.

IN FAIRFIELD, Tuesday at 10:23 a.m., a scam complaint was investigated on Winter Street.

1:27 p.m., a scam complaint was taken from Wood Street.

Wednesday at 1:08 a.m., trespassing was reported on Burrill Street.

9:22 a.m., vandalism was reported on Island Avenue.

IN MADISON, Tuesday at 12:19 p.m., police made an arrest following a traffic stop on Old Point Avenue.

Wednesday at 7:18 a.m., police made an arrest following a motor vehicle stop on Old Point Avenue.

IN NEW PORTLAND, Tuesday at 11:52 a.m., police were sent to a call on Carrabassett Road.

IN NORRIDGEWOCK, Tuesday, 2:06 p.m., police made an arrest on Mercer Road.

8:24 p.m., a disturbance was reported on Waterville Road.

IN OAKLAND, Tuesday at 2:27 p.m., theft was reported on Oak Street.

Wednesday at 12:06 a.m., a disturbance was reported on Center Street.

IN PALMYRA, Tuesday at 2 p.m., a harassment complaint was taken from Oxbow Road.

IN PITTSFIELD, Tuesday at 5:46 p.m., police were called to assist another agency on Main Street.

7:34 p.m., a noise complaint was investigated on Main Street.

IN RIPLEY, Wednesday at 1:25 a.m., a domestic disturbance was reported on Main Street.

IN ST. ALBANS, Wednesday at 2:17 a.m., suspicious activity was reported on Main Street.

IN SKOWHEGAN, Tuesday at 8:44 a.m., threatening was reported on Helens Lane.

9 a.m., a domestic disturbance was reported on Cross Street.

2:45 p.m., police were called to assist another agency on Fairview Avenue.

3:29 p.m., suspicious activity was reported on Joyce Street.

3:48 p.m., a complaint was taken from Water Street.

5:01 p.m., suspicious activity was reported on Waterville Road.

5:39 p.m., a harassment complaint was taken from North Avenue.

6:42 p.m., threatening was reported on Water Street.

8:22 p.m., police made an arrest following a report of a disturbance on Hilltop Drive.

9:15 p.m., a harassment complaint was taken from Water Street.

Wednesday at 8:10 a.m., police were called to assist another agency on Madison Avenue.

8:34 a.m., suspicious activity was reported on Water Street.

8:57 a.m., a harassment complaint was taken from Madison Avenue.

IN WATERVILLE, Tuesday at 11:34 a.m., suspicious activity was reported on Washington Street.

11:46 a.m., harassment was reported on Crestwood Drive.

1:49 p.m., an unwanted person was reported on Waterville Commons Drive.

4:17 p.m., shoplifting was reported on Waterville Commons Drive.

4:38 p.m., theft was reported on The Concourse.

5:28 p.m., criminal mischief was reported on Main Street.

6:19 p.m., suspicious activity was reported on Railroad Square.

6:24 p.m., harassment was reported on Russell Street.

6:45 p.m., a domestic dispute was reported on Wilson Street.

7:40 p.m., a disturbance was reported on Water Street.

8:27 p.m., an unwanted person was reported on Main Street.

8:41 p.m., an unwanted person was reported on Main Street.

10:08 p.m., a disturbance was reported on High Street.

10:40 p.m., a disturbance was reported on Sherwin Street.

Wednesday at 1:54 a.m., an assault was reported on Main Street.

5:07 a.m., suspicious activity was reported on Carey Lane.

5:21 a.m., suspicious activity was reported on Moor Street.

IN WINSLOW, Tuesday at 6:53 a.m., an unwanted person was reported on Anthony Avenue.

11:43 a.m., harassment was reported on Cushman Road.

5:39 p.m., an unwanted person was reported on Augusta Road.

7:14 p.m., suspicious activity was reported on Bellevue Street.

7:16 p.m., an intoxicated person was reported on Benton Avenue.

11:51 p.m., an unwanted person was reported on Halifax Street.

Wednesday at 12:31 a.m., suspicious activity was reported on Bay Street.

ARRESTS

IN FRANKLIN COUNTY, Tuesday at 6:15 p.m., Jonathan Patrick, 35, of Greenville, was arrested on warrants.

10 p.m., Derek Martin, 24, of Farmington, was arrested on a warrant.

10:30 p.m., Marie Valcourt, 23, of Skowhegan, was arrested on a charge of theft by unauthorized taking or transfer.

IN CLINTON, Tuesday at 12:54 p.m., Taylor Hall, 22, of Clinton, was arrested on a warrant.

IN SOMERSET COUNTY, Tuesday at 11:14 a.m., Stanley Maurice Martin, 27, of Hartland, was arrested on charges of burglary and theft.

IN WATERVILLE, Tuesday at 5:31 p.m., Kevin Joseph Rice, 29, of Waterville, was arrested on charges of violating a protective order; tampering with a witness, informant, juror or victim; domestic violence assault and domestic violence terrorizing.

11:13 p.m., Dylan Lee Austin, 19, of Waterville, was arrested on a warrant.

SUMMONSES

IN FAIRFIELD, Tuesday at 7:41 a.m., Lee Pugsley, 49, of Skowhegan, was summonsed on a charge of operating after license suspension.

Wednesday at 10:30 a.m., Bradford Gade, 57, of Waterville, was summonsed on charges of displaying a fictitious vehicle certificate and falsifying physical evidence.

IN WATERVILLE, Tuesday at 3:55 p.m., Derek Bryan, 46, of Waterville, was summonsed on a charge of operating with a suspended or revoked license.

4:17 p.m., Ashley Brochu, 26, of Waterville, was summonsed on a charge of theft by unauthorized taking or transfer.

8:27 p.m., Chad McDougal, 26, of Waterville, was summonsed on a charge of criminal trespassing.

Waterville men accused of tampering with victim in sexual assault case

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AUGUSTA — Two Waterville men face charges of victim tampering in two states in connection with an alleged sexual assault by one of them last September in New Hampshire and alleged subsequent efforts to pressure a woman to drop her accusations.

Randall S. Cook, 64, has been indicted in New Hampshire on sexual assault charges stemming from an incident in Hudson, New Hampshire. He has pleaded not guilty to those charges.

He faces the tampering charges as well as Richard L. Hildreth, 62, formerly of Fairfield, a coworker of Cook and the woman named as the victim in the sexual assault charges.

Both men were at the Capital Judicial Center in Augusta for separate hearings on Monday. They have not entered pleas in the Maine cases. Those complaints were filed in June.

Cook and Hildreth are charged in Maine with tampering with a victim, falsifying physical evidence and tampering with public records or information, all dated around Sept. 22, 2017. The charges say that Cook and Hildreth attempted to get the victim named in the sexual assault case — a 19-year-old woman — to provide false information in an official investigation and that the men provided a false record to the government.

An affidavit by Waterville police Officer Damon Lefferts, which is filed in the Augusta court, says he was asked in late May 2018 to assist New Hampshire authorities in the case.

Lefferts wrote that Cook and the 19-year-old woman had been working for Radio Communications Inc., of Waterville, and were on a job in New Hampshire where the woman reported that Cook had assaulted her sexually.

Cook was arrested and charged there. The two continued working at the same Waterville workplace but on separate shifts because Cook was prohibited from contact with her.

Lefferts said Cook then confronted the victim at the workplace and asked her to drop the case. “It was brought to our attention that Randy would contact (the woman) on multiple occasions in different forms of communication,” Lefferts wrote.

The victim told Lefferts there was so much pressure she called the prosecuting attorney in New Hampshire and asked to have the case dropped “because she needed a job” and because it was “(a)ffecting her and Randy’s mental state.” The victim told Lefferts there had been 10 one-on-one conversations about the case and that Cook said the woman’s life would be ruined.

Lefferts wrote that Hildreth facilitated some of the contact and that the woman believed Cook was contacting her via text from Hildreth’s phone. The woman told Lefferts she attempted suicide because of the case.

The woman later quit her job at Radio Communications and is working elsewhere.

She told police that Hildreth showed her a letter purportedly written by her to the New Hampshire prosecutor saying she would not cooperate and to discount an audio recording of the alleged sexual offense that was obtained from a GoPro camera.

The woman told police that she first thought the letter was a joke because her name was misspelled in it. But she said Hildreth later corrected it at the workplace, and then she was taken to a bank and signed the letter in front of the notary.

Lefferts wrote, “(The victim) was nervous and scared and she felt compelled to sign it even though nothing in it was true and she never physically mailed the letter herself.”

Lefferts said he later recorded a phone conversation between Hildreth and the woman about the letter she signed and a subsequent conversation the woman had with Cook in which he told the woman to copy the letter to her own laptop so she could tell the DA she wrote it.

Cook is free on $10,000 cash bail in New Hampshire, where he was indicted in March on three charges of aggravated felonious sexual assault on a physically helpless victim and two charges of simple assault that included physical contact and results in bodily injury. He has pleaded not guilty to those charges. A note in the case summary indicates the prosecutor is seeking a class A penalties — sentences of 7.5 to 15 years — on two of the charges.

He also was indicted in June 2018 in the same court on charges of witness tampering (conspiracy), falsifying evidence (conspiracy), falsifying physical evidence, hindering apprehension/prosecution and obstructing government administration.

Cook is represented there by attorney Harry Nelson Starbranch Jr. A hearing there on a motion to revoke Cook’s bail is set for Aug. 10, 2018, and jury selection is scheduled for October.

Cook was held originally in lieu of $20,000 cash bail in Maine, but that was reduced to $10,000 cash on Monday. Cook is represented in Maine by attorney Walter McKee, who said via email on Wednesday, “Randy is fighting this charge in Maine as well as the charge in New Hampshire.”

Hildreth was in court Monday in Augusta, and his cash bail was reduced as well, from $10,000 cash to $5,000 cash with a condition prohibiting him from contact with the victim.

Assistant District Attorney Christopher Coleman opposed the bail reduction. He told Judge Matthew Tice that the crime involved tampering with “the victim of a rather nasty sexual assault.” Coleman said it was important to keep the higher bail to ensure that Hildreth would “stop breaking the law, stop tampering with victim.”

Hildreth’s Maine attorney, Pasquale “Pat” Perrino, told Tice that Hildreth was not charged in the alleged sexual assault. “This man is charged with tampering,” he said.

On Wednesday, Perrino said, “My position is that the state’s really grasping at straws against my client.”

Records from New Hampshire’s Hillsborough Superior Court Southern District show that Hildreth was indicted in June on three felony charges: witness tampering (conspiracy), falsifying evidence (conspiracy), and falsifying physical evidence; and also charged with hindering apprehension/prosecution and obstructing government administration, both misdemeanors.

He was scheduled for arraignment there Monday but failed to appear, and a warrant for his arrest was issued Wednesday, according to case records. No attorney is listed for Hildreth in the New Hampshire case summary.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

Kennebec Journal July 25 police log

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IN AUGUSTA, Tuesday at 1:46 p.m., a disturbance was reported on Winthrop Street.

1:58 p.m., a 36-year-old Wiscasset man was summoned on charges of theft and violating a condition of release on Union Street.

3:16 p.m., suspicious activity was reported on North Chestnut Street.

4:34 p.m., a 47-year-old Augusta man was summoned on a charge of keeping an unlicensed dog on Chapel Street.

6:14 p.m., a 41-year-old Vienna man was summoned on a charge of theft on Whitten Road.

7:02 p.m., suspicious activity was reported on Mount Vernon Avenue.

7:13 p.m., suspicious activity was reported on Western Avenue.

7:40 p.m., theft was reported on Western Avenue.

7:57 p.m., littering was reported on Arsenal Street.

8:33 p.m., a disturbance was reported on Middle Street.

8:38 p.m., disorderly conduct was reported on Valley Street.

9:23 p.m., disorderly conduct was reported on Quimby Street.

9:33 p.m., criminal trespassing was reported on Spruce Street.

Wednesday at 2:06 p.m., a disturbance was reported on Northern Avenue.

4:12 a.m., theft of a motor vehicle was reported on Abenaki Road.

IN MONMOUTH, Tuesday at 3:53 p.m., suspicious activity was reported on Route 135.

IN WINDSOR, Tuesday at 5:12 p.m., theft was reported on Barton Road.

ARRESTS

IN AUGUSTA, Tuesday at 8:28 p.m., Sean A. Boynton, 50, of Augusta, was arrested on two warrants on Ryan Court.

DA’s office to review cases involving ex-Rockland officer with questionable credibility

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ROCKLAND — The Knox County District Attorney’s Office will review all current and closed cases in which former Rockland police Officer Jacob Shirey was involved.

The decision announced Wednesday by District Attorney Jonathan Liberman comes after a state judge concluded that Shirey was not a credible witness and urged the review.

Shirey resigned on Jan. 9, 2017, from the Rockland Police Department for what the city said were personal reasons. His resignation came as he was under investigation for allegedly lying to supervisors about his activities while on duty, according to court documents. The allegations included going home and sleeping while on duty and denying he had done so.

“The integrity of convictions obtained by our office is of the utmost importance,” Liberman said in a prepared statement. He said the office staff will review open cases to decide whether further prosecution is warranted.

“And we will review closed cases to decide whether they should be reopened,” Liberman said.

The District Attorney’s Office provided information to defendants and their attorneys last year when it was informed by Rockland police that it had concerns about Shirey’s professionalism and honesty.

Justice Daniel Billings issued a ruling June 22 in Knox County Superior Court allowing Earle J. Studley of Union to withdraw his guilty plea in a drunken driving case.

Studley had pleaded guilty to charges of criminal operating under the influence and unlawful possession of suboxone stemming from an Oct. 11, 2013, traffic stop by Shirey in Rockland. He pleaded guilty in March 2015 and was given a two-year deferred disposition.

Before his scheduled sentencing occurred in July 2017, however, allegations arose about Shirey.

“This is not a situation where an officer’s credibility is brought into question by a single incident or a one-time mistake,” Billings said. “The Giglio materials document that former Officer Shirey has exhibited an ongoing pattern of dishonesty that raises questions about the outcome of any matter where his credibility was material to the outcome.”

Studley’s attorney, Christopher MacLean, has filed a motion to challenge the stop by Shirey, saying he had no reasonable suspicion to pull over his client.

In May 2017, Justice Bruce Mallonee ruled that the state was required to provide information it had concerning Shirey to defendants or their attorneys in 20 criminal cases. That ruling came after the District Attorney’s Office informed the court about credibility concerns with Shirey.

The U.S. Supreme Court, in the 1972 case Giglio vs. the United States, ruled that the prosecution is obligated to turn over evidence that could raise questions about the credibility of any government witnesses.

Billings also pointed out in his June 2018 ruling that he had found Shirey not credible in a September 2014 case. In that case, the judge said he did not find Shirey’s testimony credible about a traffic stop that led to a drunken driving arrest. The judge suppressed statements made by that defendant.

Shirey did not file a written report on that case until two months after the arrest and when he testified at a court hearing, he said he had a vivid memory of the reasons for the stop.

Shirey graduated from the Maine Criminal Justice Academy in May 2013 after joining the Rockland department in October 2012.

Police: Gardiner man said he ‘should have’ killed woman he assaulted

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GARDINER — A man has been charged with aggravated assault and two counts of domestic violence terrorizing after an alleged fight with a woman whom he later complained he “should have” killed, police said.

City police were sent to a Middle Street residence around 7 p.m. Tuesday after a report that a man and a woman were fighting and that a man dressed in a gray shirt and a wide-brimmed hat had left the home with blood on him.

John S. Sheets, 51, had bleeding scratches and bite marks on his face, according to the probable cause affidavit by Officer Daniel Ross, of the Gardiner Police Department.

In the affidavit, Sheets, whose address was listed in Skowhegan but who apparently now is staying in Gardiner, said he confronted the woman for returning home late and after arguing, he claimed, she became violent and started scratching and biting him.

The woman alleged Sheets confronted her when she returned from the food bank, called her a vulgar name, grabbed her by her throat, threw her against the wall and applied pressure to her throat. She said she started biting and scratching him to get away from him and started to lose consciousness. In the fight, her phone was broken.

She said she told her 8-year-old daughter to lock herself and her 2-year-old brother in the car and to call the police.

Ross said he again interviewed Sheets, who said he didn’t remember whether he applied a lot of pressure and blamed “crack addicts” in the house and referred to the victim as a “crack whore.”

The affidavit further states that Sheets said he believed he was righteous and if he had done anything wrong, it was his failure to have “killed all of them, or at least her, like I should have.”

Sheets then told Ross he hoped their conversation had not been recorded, according to the affidavit.

Sheets was arrested and taken to the Kennebec County jail in Augusta.

Bail was sent at $5,000 after his initial appearance Wednesday at the Capital Judicial Center via video from the jail.

Jessica Lowell — 621-5632

jlowell@centralmaine.com

Twitter: @JLowellKJ


Augusta man arrested on charge of tampering with informant in his drug case

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AUGUSTA — A city man faces charges of tampering with a witness/informant as well as violating bail and failing to appear in court on underlying drug charges.

Christopher Screen, 39, of Augusta, was arrested Monday night on a motion to revoke his bail.

He was brought to the Kennebec County jail and seen via video Wednesday by a judge at the Capital Judicial Center.

Screen, who court documents say is also known as Christopher Green and C-Low, is being held without bail on the state’s motion to revoke bail, as well as $50,000 cash bail on the underlying charges.

An affidavit by Brian Wastella, a special agent with the Maine Drug Enforcement Agency, says an inmate (who is not identified by name or by sex) at the Kennebec County jail reported that in August 2017, Screen went to the inmate’s Augusta home and made him get into the rear seat of a car.

The inmate said Screen said he had evidence that the inmate was the confidential informant working with police in Screen’s underlying drug case and that Screen would identify him to others unless the inmate agreed not to turn up at Screens’ court date or trial.

The inmate said he denied being the confidential informant, according to Wastella’s affidavit, and said he did not know when the court date was. The inmate said he then exited the vehicle even though Screen wanted to talk more.

A conviction on the charge of tampering with a witness or informant carries up to five years in prison.

Screen was indicted in August 2016 on four counts of aggravated trafficking in scheduled drugs — heroin and cocaine base — in Augusta. Those charges listed a 2008 conviction in New York on a drug sale charge. Screen allegedly failed to appear in court in November 2017, and an arrest warrant was issued.

He was indicted in March 2018 on the tampering and bail violation charge.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

FBI investigating former Oxford County sheriff who sent explicit images, deputy testifies

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The Oxford County sheriff who resigned amid allegations he sexually harassed members of his department is under investigation by the FBI, which found that someone in the office had destroyed documents, hard drives and cellphone records, a sheriff’s department official testified.

Chief Deputy Christopher Wainwright also testified that similar conduct against county workers could date back to as early as 2014 and that the FBI began investigating former sheriff Wayne Gallant and his former chief deputy, Hart Daley, before Gallant stepped down last December.

It is not clear whether records were destroyed to conceal evidence.

A spokeswoman for the Boston office of the FBI, which covers Maine, declined to comment.

The allegations, made in a courtroom two weeks ago during a hearing in a seemingly unrelated case, add a new level of seriousness to a case that shocked law enforcement when it unfolded late last year, ending the law enforcement career of the respected western Maine sheriff.

Gallant is accused of sending sexually explicit photos of himself to employees and people outside the department. Gallant stepped down after an investigation by county commissioners concluded he, “while in uniform and in his office, sent a photograph to a female employee of another law enforcement agency in which his genitals were exposed.”

The Portland Press Herald obtained an audio recording of the hearing, which included the first publicly disclosed details about the ongoing federal investigation.

Recording of Oxford County Sheriff’s Chief Deputy Christopher Wainwright being questioned under oath by attorney Ted Dilworth on July 11. 

Wainwright’s testimony came during a July 11 hearing in the case of Oxford County Sheriff’s Deputy Lt. Brian Landis, who has been on unpaid leave since he was charged with two counts of misdemeanor domestic violence terrorizing in June 2017 for allegedly threatening to kill his wife, Dawn Landis. The couple are now in divorce proceedings.

Brian Landis

Brian Landis has denied those charges, and through his attorney, says that Gallant used the couple’s impending separation to get Landis fired because he rebuffed Gallant’s sexual advances and because Landis could have blown the whistle on Gallant’s history of sexually harassing employees.

“These folks were going through a divorce, and the sheriff saw an opportunity to divide these people even further for his own benefit,” Landis’ attorney, Ted Dilworth, said in an interview Wednesday.

“Imagine being charged with a crime and finding out the people who are part of the investigation are shredding documents, wiping out their cellphones, basically wiping out hard drives,” Dilworth said. “It’s troubling behavior. We’re supposed to get a fair shake when we go to court.”

Gallant could not be reached for comment Wednesday and did not return a message left at a number listed for his Bethel home.

Daley, the former chief deputy, denied any wrongdoing in an email.

“I know I have not been interviewed or questioned by anybody about anything,” Daley said in the email. “However, any allegations regarding misconduct would be completely false.”

Dilworth wants the terrorizing case dismissed, a request that Judge Charles Dow has taken under advisement. The case is slated to return to court Tuesday for further witness testimony. Dilworth declined to name witnesses he plans to call.

Following the July 11 hearing, Dow modified the bail conditions for Landis, allowing him to carry a firearm during working hours. That could allow him to return to paid status with the county.

Until now, Gallant’s departure and the charges against Landis appeared to be unconnected.

But Wainwright testified that he was shown information obtained by the FBI that Gallant was in touch with Dawn Landis before, during and after Brian Landis’ arrest, and that Gallant shared confidential information about Brian Landis with her.

In Facebook messages that were captured by FBI warrants and viewed by Wainwright, Gallant told Dawn Landis that he was scared of Brian Landis and that Gallant slept with two guns. Gallant also invited Dawn Landis to come stay with him, Wainwright testified. Wainwright also said the sheriff sent a county information technology employee to help Dawn Landis install surveillance cameras she purchased, which were installed at a home owned by Brian Landis without his knowledge.

Former Oxtord County Chief Deputy Hart Daley

“That’s one of the things I wanted to speak with, and the investigators wanted to speak with (Gallant) about,” Wainwright said. “We had asked to investigate witness tampering by Hart Daley and Wayne Gallant (of) Dawn Landis. It was just the sheer fact that he’s saying he’s soliciting sex, or soliciting to have (Dawn Landis) move in, and also from Brian Landis and (his) girlfriend.”

Before he left office, Gallant also took photographs with his cellphone of confidential documents contained in Landis’s personnel file, Wainwright said. After he left office, Gallant sent those documents to Dawn Landis, Wainwright testified. Wainwright said the FBI asked him to verify that the photographs depicting the documents were authentic.

Wainwright said that around the same time – four days after Brian Landis was arrested and bailed from Oxford County Jail, which Gallant controlled – Gallant sent sexual text messages and nude images of himself to Brian Landis and to Landis girlfriend, invited them to have beers with him at his house, and propositioned having Brian Landis perform oral sex on Gallant while the girlfriend watched.

“That was one of the reasons why the FBI was investigating it, because he was out on bail from the sheriff’s facility,” Wainwright testified. “(Landis) was a prisoner and the sheriff was trying to solicit sex from (him) even though he was an employee.”

When the accusations about Gallant’s alleged sexual advances first became public, a union representative for the deputies, Ray Cote, told media outlets that Gallant sent multiple sexually explicit photographs of himself to a male deputy’s girlfriend and requested that Gallant, the deputy and the woman have sex. When the employee rebuffed the advances, Gallant threatened the deputy’s job, Cote said.

Cote did not name the deputy at the time.

Chief Deputy Christopher Wainwright

At the July 11 hearing, Sagadahoc Assistant District Attorney Alexander Willette called Gallant’s alleged sexual conduct with employees and the FBI investigation that followed a “side show” tactic to distract from Landis’ threats to kill his wife on two occasions in June 2017.

In a protection from abuse order filed shortly after Brian Landis was arrested, Dawn Landis accused her husband of having a history of assault and controlling behavior toward her and said he has untreated post-traumatic stress disorder and substance use problems.

Landis, through his attorney, denied the allegations contained in the protection order.

When the first FBI subpoenas began arriving in November 2017 before Daley or Gallant left office, the federal agency requested that no records or documents in the office be destroyed, Wainwright testified.

Wainwright said Gallant had been issued three county computers and a cellphone. Daley was issued at least one county computer and a cellphone.

Wainwright said the FBI shared information with him about how Gallant had accessed tens of thousands of increasingly provocative images on one of his computers, and through the subpoena, the FBI sought to seize the computers and the cellphones for further analysis.

But Gallant was an elected official, not a county employee. Wainwright testified that he met with the county commissioners and then-county administrator Scott Cole to get authority to proceed with the FBI requests for information that Gallant controlled.

“As Hart Daley and Sheriff Gallant were leaving, I was assisting in the investigation. But the sheriff and chief deputy were in charge and they controlled the communication systems, the computers, the records,” Wainwright said in court. “‘It’s a slippery slope,’ is what (the county) said,” Wainwright testified. “‘The sheriff is elected and is in charge.’ … So we decided we’d wait until the sheriff was removed, and as soon as he was removed, we were going to seize the computers and hard drives and comply with the federal subpoena and hand them over to the FBI.”

Wainwright testified that Daley was notified of the order to preserve all of his records. It was not clear from the testimony whether Gallant was made aware of that directive.

After Gallant stepped down, he turned over his cellphone and computer, but Wainwright said the devices had been wiped clean.

When Daley was removed from the department and escorted off county property in early 2018, Wainwright seized Daley’s laptop, but said the FBI found a similar situation. There was no information on the devices, Wainwright testified.

Wainwright said he found a bag of shredded documents in an office, and that until recent updates to the county’s information technology systems, there was no backup mechanism to prevent the destruction of emails, text messages and other electronic communications.

“There was nothing. From other things we know, personnel files were shredded, everything was wiped clean. Nothing was left at the office that was related to this, and when I say this case, it’s kind of this whole thing,” Wainwright said in court on July 11.

Matt Byrne can be contacted at 791-6303 or at:

mbyrne@pressherald.com

Twitter: MattByrnePPH

Two valuable paintings by noted marine artist stolen from Brunswick business

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Brunswick police are investigating the theft of two pieces of art valued at more than $10,000, authorities said Wednesday night.

According to a news release posted on the department’s Facebook page, the theft of two paintings from a Brunswick business occurred between May 1 and May 13.

Police said the paintings are original Vern Broe pieces. Broe was a noted marine and still life painter. A painting of a lobster boat painting is valued at $7,500 and another of a sail boat is valued at $3,900.

Broe died in 2011 at the age of 81. He lived in Richmond at the time.

Anyone with information concerning the thefts is encouraged to contact Detective William Moir at 721-4321 or through his email at wmoir@brunswickpd.org. Anonymous tips can be sent to e-mailtips@brunswickpd.org.

This is one of the Vern Broe paintings stolen from a Brunswick business. The painting is valued at $7,500.

 

This Vern Broe painting, stolen from a business in Brunswick, is valued at $3,900.

Former Kennebunk teacher found not guilty of sexually assaulting student

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ALFRED — A former Kennebunk High School teacher was found not guilty Thursday of sexually assaulting a student.

Jill Lamontagne sobbed when the verdict was announced Thursday afternoon, and muffled cries could be heard throughout the courtroom.

Outside the York County Courthouse following the verdict, Lamontagne and her husband, Steve, stood with her defense attorney, Scott Gardner.

“I am pleased that the truth worked,” Jill Lamontagne said.

The York County Superior Court jury of three men and nine women issued its verdict – not guilty on all 14 counts – after deliberating for about two hours. Jury members immediately left the courthouse without commenting about the four-day trial. Lamontagne, 30, was tried on six Class C felony charges of gross sexual assault involving an individual over whom she had instructional, supervisory or disciplinary authority; two Class D misdemeanor charges of unlawful sexual contact; and six Class D misdemeanor charges of sexual abuse of a minor.

Though Lamontagne was cleared of the criminal charges, Kathryn Hawes, the superintendent of Regional School Unit 21, said the former health teacher had “demonstrated a troubling failure” to comply with the district’s standards involving communications with students.

Outside the courthouse, Lamontagne said that it had been a painful year of silence for her, especially, she said, because the allegations had been reported “like they were true.”

Lamontagne said that initially after the charges were filed she was wary of going about her routine, wary of going to the supermarket in Kennebunk, the town where she was raised and still lives. Then, when she did venture out, she found support.

“I want to thank the community for their support,” she said. “I knew the community was behind me.”

Jill Lamontagne and her husband, Steve, listen as defense attorney Scott Gardner, right, speaks to the media following the verdict of “not guilty” at York County Superior Court in Alfred on Thursday.

A victim witness advocate said the alleged victim and his family declined to speak to the media.

Prosecutors Nicholas Heimbach and Deputy District Attorney Justina McGettigan were not available following the verdict.

The former student testified during the trial that he and Lamontagne had sexual relations in a closet in her classroom and in her home in 2017, when he was 17. He testified this week that he believed the two were in love. The teen, now 19, said he was uncertain about his future as graduation grew nearer, and said be believed Lamontagne’s feelings about him had changed.

“I felt like she started to not like me anymore,” he said on the witness stand.

He testified that he had skipped a graduation assembly on June 9, 2017, and attempted to take his life that day.

“We knew it all along,” says Nancy Meehan, an aunt to Jill Lamontagne, about the outcome of her niece’s trial Thursday. “They made a mess of this girl’s life.”

Lamontagne took the stand Wednesday to deny any sexual relationship and said her phone calls and text messages with the boy were all part of her efforts to help him graduate. Her testimony continued under cross-examination Thursday morning.

She said she helped the teen with his school work and also was aware he had been having emotional difficulties. She said she tried to help him, but admitted she hadn’t referred him to the school social worker because she knew the two didn’t get along. Instead, she testified, she sought advice from a guidance counselor and worked with the boy.

The alleged victim specified two occasions when he said they had engaged in sex acts in Lamontagne’s home, but a former colleague and the Lamontagnes’ daycare provider testified Jill Lamontagne was with them at those times.

“Jill has been completely exonerated,” Gardner, Lamontagne’s attorney, said from the steps of the York County Court House. “It was the fantasy of a teen boy, which got out of control.”

He said he believes the school board should “give her her job back.”

Gardner was impressed with Lamontagne’s courage in the face of adversity.

“We knew it all along,” said Lamontagne’s aunt, Nancy Meehan, as Lamontagne’s supporters left the courthouse Thursday afternoon. “They made a mess of this girl’s life. She is the sweetest, most caring person. It’s been a horrible nightmare for her family.”

“We’re ecstatic,” said Melissa Luetje, a teacher in RSU 21 who was among those supporting their former colleague. “It was the right verdict.”

Hawes, the RSU 21 superintendent, issued a statement following the verdict that said, despite being found not guilty of sexual assault, Lamontagne had violated standards about how to communicate with students and how to respond to students who need emotional support.

“Although Ms. Lamontagne was acquitted of the criminal charges, I think it is important to acknowledge that the evidence that was presented during the trial demonstrated a troubling failure by one of our teachers to comply with the standards we expect of all of our employees,” Hawes said in the statement. “For example, RSU 21 prohibits our employees from communicating with students by text and social media platforms, we require our teachers to refer students in crisis to professional counselors rather than attempting to intervene with these students on their own, and we would never condone the use of intimate language, of the type introduced during the trial, between our teachers and their students.”

Tammy Wells can be contacted at 282-1535, ext. 327 or at:

twells@journaltribune.com

Morning Sentinel police log for July 26

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IN ATHENS, Thursday at 12:45 a.m., a report of fraud or forgery was taken on Buzzell Road.

IN CANAAN, Thursday at 2:30 a.m., a warning was issued after a noise complaint.

IN CLINTON, Wednesday at 3:49 p.m., criminal mischief was investigated on Morrison Avenue.

IN FAIRFIELD, Wednesday at 9:22 p.m., vandalism was reported on Island Avenue.

6:05 p.m., an arrest was made after a report of suspicious activity on Bartlett Street.

8:23 p.m., a harassment complaint was taken on Ridge Road.

10:09 p.m., an arrest was made after a report of suspicious activity on High Street.

Thursday at 2:37 a.m., an arrest was made after a traffic accident on Norridgewock Road.

IN FREEMAN TOWNSHIP, Wednesday at 4:32 p.m., a domestic disturbance was reported on Foster Hill Road.

IN JAY, Wednesday at 8:02 a.m., threatening was reported on Main Street.

11:10 a.m., a burglary was reported on Bridge Street.

12:05 p.m., suspicious activity was reported on Bonnie Bog View.

IN KINGFIELD, Wednesday at 10:52 p.m., suspicious activity was reported on Lexington Road.

Thursday at 1:30 a.m., a disturbance was reported on Olde Parkway Road.

IN NORRIDGEWOCK, Wednesday at 9:44 p.m., an arrest was made after a disturbance on Oak Hill Road.

4:31 p.m., a report of gunshots was investigated on Sandy River Road.

IN OAKLAND, Wednesday at 9:35 a.m., a theft was investigated on Fairfield Street.

11:09 a.m., suspicious activity was reported on Kennedy Memorial Drive.

12:44 p.m., suspicious activity was reported on Cottle Road.

6:45 p.m., suspicious activity was investigated on High Street.

6:55 p.m., a disturbance was reported on Fairfield Street.

IN PITTSFIELD, Wednesday at 3 p.m., a fire and odor investigation was conducted on Fairview Street.

4:15 p.m., suspicious activity was reported on Orchard Street.

IN RANGELEY, Wednesday at 2:18 a.m., suspicious activity was reported on McCard Road.

3:49 a.m., suspicious activity was reported on McCard Road.

Thursday at 8:33 a.m., a traffic accident involving injuries was reported on South Bog Road.

IN SKOWHEGAN, Wednesday at 11:17 p.m., threatening was investigated on Stanz Way.

6:53 p.m., a harassment complaint was investigated on Dudley Corner Road.

Thursday at 5:44 a.m., a domestic disturbance was investigated on Milburn Street.

8:34 a.m., trespassing was investigated on Back Road.

8:49 a.m., an arrest was made following a disturbance on Mary Street.

IN ST. ALBANS, Wednesday at 9:03 p.m., an arrest was made after an assault on Bryant Road.

IN WATERVILLE, Wednesday at 7:16 a.m., a burglary of a vehicle was investigated on Paris Street.

9:06 a.m., a theft was investigated on Prospect Street.

9:25 a.m., a burglary of a vehicle was reported on Paris Street.

9:54 a.m., a theft was investigated on School Street.

10:44 a.m., a harassment complaint was investigated on Butler Court.

11:52 a.m., threatening was investigated on College Avenue.

2:05 p.m., a burglary of a vehicle was investigated on Paris Street.

3:01 p.m., a theft was investigated on Poolers Park Way.

3:17 p.m., a civil complaint was investigated on Yeaton Street.

5:29 p.m., a burglary was investigated on Park Street.

5:47 p.m., a noise complaint was taken on Elm Street.

7:32 p.m., an unwanted person was investigated on Alden Street.

8:19 p.m., a domestic dispute was reported on North Street.

8:47 p.m., an assault was investigated on Elm Street.

9:31 p.m., a theft was reported on Summer Street.

9:50 p.m., an oral warning was issued following a report of an unwanted person on West River Road.

11:51 p.m., suspicious activity was reported on Water Street.

IN WINSLOW, Wednesday at 8:55 a.m., a theft was reported on Augusta Road.

1:25 p.m., a report of fraud or forgery was taken on Clinton Avenue.

ARRESTS

IN CLINTON, Wednesday at 6:59 p.m., Brittney N. Young, 28, of Clinton, was arrested on a warrant.

IN FAIRFIELD, Wednesday at 6:05 p.m., Daniel R. Leary, 27, of Fairfield, was arrested on a warrant and charges of indecent conduct and violating condition of release.

Thursday at 2:37 a.m., Michael N. Whitman, 35, of Skowhegan, was arrested on charges of operating under the influence and failing to maintain vehicle insurance.

IN FRANKLIN COUNTY, Wednesday at 5:28 p.m., Francis M. Leidy, 33, of Bangor, was arrested on a charge of domestic violence assault with prior convictions.

11:20 p.m., Corey A. Nuzzo, 29, of Farmington, was arrested on charges of operating under the influence, operating without a license and unlawful possession of a scheduled drug.

IN SOMERSET COUNTY, Wednesday at 7:45 a.m., Thomas W. Cote, 23, of North New Portland, was arrested on charges of burglary and theft by unauthorized taking or transfer.

11:16 a.m., Merton Goodridge, 80, of Norridgewock, was arrested on charges of reckless conduct, assault and criminal restraint.

1:08 p.m., David Miller, 38, of Waitsfield, Vermont, was arrested on a charge of operating a vehicle without a license.

2:26 p.m., Daytona J. Roode, 19, of Skowhegan, was arrested on charges of assault and refusing to submit to arrest.

5:19 p.m., Alison F. Lewey, 48, of Corinna, was arrested on warrants for violating bail conditions.

7:05 p.m., Donald M. Keene, 68, of Skowhegan, was arrested on a charge of violating condition of release.

7:17 p.m., Daniel R. Leary, 27, of Fairfield, was arrested on a warrant for failure to appear and charges of violating condition of release and indecent conduct.

Thursday at 12:44 a.m., James V. Caruso, 49, of St. Albans, was arrested on a charge of assault.

5:15 a.m., Michael N. Whitman, 35, of Skowhegan, was arrested on a charge of operating under the influence.

IN WINSLOW, Wednesday at 1:35 p.m., Brendan A. Chalmers, 20, of Winslow, was arrested on charges of disorderly conduct fighting, refusing to submit to arrest or detention using physical force, criminal mischief, possession of marijuana and assault.

1:35 p.m., Ashely N. Varner, 20, of Winslow, was arrested on charges of disorderly conduct fighting and assault.

11:45 p.m., Alexandrea A. Coslett, 29, of Hartland, was arrested on a charge of operating under the influence.

Thursday at 2:11 a.m., Aaron M. Lord, 26, of Waterville, was arrested on a charge of domestic violence assault.

SUMMONSES

IN FAIRFIELD, Wednesday at 10:30 a.m., Bradford S. Gade, 57, of Waterville, was summoned on charges of displaying a fictitious vehicle certificate and falsifying physical evidence.

1:42 p.m., Justice R. Ripley, 29, of Sidney, was summoned on a charge of operating after criminal suspension.

10:09 p.m., Ryan J. Flewelling, 24, of Fairfield, was summoned on a charge of violating conditions of release.

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