Maine

A Maine judge might release people without lawyers from jail

Published

2 days ago

January 24, 2025

A Maine judge might release people without lawyers from jail

Superior Court Justice Michaela Murphy presides over a case between the ACLU of Maine and the Maine Commission on Public Defense Services to determine what, if any, remedies can address the hundreds of criminal defendants waiting for lawyers. Ben McCanna/Portland Press Herald

AUGUSTA — A state attorney told a judge Friday he’s not against releasing some criminal defendants from jail who have been denied their constitutional rights to a lawyer, as long as public safety is taken into account.

Superior Court Justice Michaela Murphy wrapped up a three-day hearing in Augusta on Friday, during which attorneys debated potential remedies for the more than one hundred criminal defendants who she said are unconstitutionally being held in Maine jails without a lawyer.

The American Civil Liberties Union of Maine has asked Murphy to release those who have waited more than seven days for a lawyer, similar to what a judge recently ordered in Oregon.

The idea still concerns victims’ rights advocates.

Andrea Mancuso, policy director for the Maine Coalition to End Domestic Violence, said Friday afternoon that she is disappointed “that those responsible for ensuring a functional criminal justice system in Maine have abjectly failed to resolve these issues over a period of several years.”

“Victims of crime are bearing the consequences of that failure,” Mancuso wrote in an emailed statement. “Given the current state of the system, these timelines would mean that perpetrators of serious or repeat domestic violence are released back into the community when it is not safe, or whole cases are dismissed, and protective bail conditions with them, when the crime victim has come to the criminal justice system seeking help. This is dangerous for victims, and we are deeply concerned about the impact.”

As Murphy appears closer to ordering what she has called an “extraordinary remedy,” she questioned in court this week whether Maine’s public defense agency has done enough to address the crisis.

“The people who are locked up, to me, that is just beyond acceptable,” Murphy told Maine Commission on Public Defense Service Director Jim Billings. “That, to me, would be the priority that I would ask you to think about, for your action plan.”

Murphy found the commission liable for violating the Sixth Amendment requirement to ensure defendants who cannot afford an attorney are appointed one by the state.

But commission leaders and several defense attorneys have argued the group is only one piece of the crisis. Prosecutors, the courts, lawmakers and the governor should also be involved in fixing it, they say.

The ACLU has also asked Murphy to find the entire state liable for the constitutional violation. She has not yet ruled on that issue.

Paul Suitter, an assistant attorney general representing the state of Maine, appears in court at the Capital Judicial Center in Augusta on Wednesday. Ben McCanna/Portland Press Herald

Assistant Attorney General Paul Suitter, who is representing the entire state, insisted that they’re not the party at fault.

“To this point in time, I don’t know who that person is,” Suitter said. “I haven’t heard (the ACLU) identify that person. That person should be here, and sat in a deposition.”

“That person is you, Mr. Suitter,” Murphy said. “You’re here for the government, you’re here for the sovereign state of Maine, asserting ‘sovereign immunity,’ saying that the court has no authority to do anything in this case … I don’t know who else to address than you.”

DISMISSALS STILL ON THE TABLE

The ACLU’s attorney Zachary Heiden argued Friday that criminal defendants have been irreparably harmed by not having a lawyer. The consequences to their ability to defend themselves and the damage to their personal lives are so severe, he said, that they deserve major relief.

There are people spending weeks or months behind bars without any idea of what’s happening with their criminal case, Heiden said. They lose their homes, they lose their jobs and sometimes custody of their children — all while missing out on the opportunity to either prove their innocence or work out a plea deal with prosecutors.

“That’s not how our justice system is supposed to work,” Heiden said.

The ACLU is also asking that charges be dropped against anyone who has been unrepresented for more than 45 days; charges could be refiled when an attorney is available.

Zach Heiden, an attorney at the ACLU of Maine, appears in court at the Capital Judicial Center in Augusta on Wednesday. Ben McCanna/Portland Press Herald

The commission was not opposed to that idea. Frayla Tarpininan, who leads the state’s first brick-and-mortar public defense office in Augusta, testified Friday that it wouldn’t interfere with their work, and that dismissals could even be helpful.

But Suitter questioned whether Murphy has the legal authority to dismiss cases under this type of legal action. He warned the state could still appeal anything that it views is out of bounds.

PUBLIC DEFENDERS

Murphy spent most of the last three days pressing commission leaders on how they’ve handled the crisis. She asked Director Jim Billings several times whether Maine’s new public defense attorneys have the capacity to take more cases, especially because the commission insists they are key to getting the state out of this crisis.

“I don’t see how they’re the solution unless they are being pushed to take more cases,” Murphy told Billings. “I don’t think there’s anybody else you can push.”

Since 2022, Maine has pivoted from a system entirely dependent on private lawyers to a hybrid system that includes full-time public defenders.

Sean Magenis, an assistant attorney general representing the Maine Commission on Public Defense Services, appears in court Wednesday. Ben McCanna/Portland Press Herald

Assistant Attorney General Sean Magenis, who is representing the commission, said Murphy doesn’t need to order the commission to create a plan because it already has one. But that plan, which calls for opening more public defense offices, relies heavily on getting more money from the Legislature during a very difficult time for the state budget.

“Ultimately, this is not a case where there is no care or effort or specific plans in place,” Magenis said. “It’s a question of whether there are differences in opinion as to how to move forward.”

If Murphy orders the state’s new public defenders to take more cases, Magenis warned, it could impair a system that is only in “its infancy.” Most of the state’s public defenders have only recently been hired and are just getting off the ground.

Tarpinian, who was hired at the end of 2023, described how busy she and her attorneys already are.

Four of her attorneys have roughly 80 cases apiece, Tarpinian testified. A fifth has a little more than 50 cases, but that number means little because each case is so unique and depends on the client (who can have more than one open case). Tarpinian said several attorneys were new to the field when they started.

“I’ll continue to push my people as hard as I can without pushing them beyond what they’re capable of,” she said.

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Maine

More nominations sought for Piscataquis County Teacher of the Year

Published

4 hours ago

January 26, 2025

Press Room

The Maine Department of Education and Educate Maine are excited to announce that nominations are officially open for the 2025 County Teachers of the Year and the 2026 State Teacher of the Year. Maine’s State and County Teachers of the Year serve as advocates for teachers, students, and public education in Maine.

“The Maine Teacher of the Year program is an excellent opportunity to recognize the extraordinary educators across our state who are dedicated to their schools and communities – and who are engaging, inspiring, and motivating their students every day,” Maine DOE Commissioner Pender Makin said. “These nominations will give 16 Maine teachers a prominent platform to share the wonderful, innovative happenings in Maine’s classrooms and advocate for public education.”

Nominations can be made through 5 p.m. on Friday, Jan. 31 on a form on the Maine Teacher of the Year website (https://www.mainetoy.org/nominate). Nominations will be accepted from students, parents, caregivers, community members, school administrators, colleagues, college faculty members, and associations/organizations. Self-nominations and nominations from family members are not accepted.

Teachers who are nominated must:

Hold the appropriate professional certification for their teaching position;

Be a certified, in-good-standing, pre-K-12 teacher in a state-accredited public school – including career and technical education and adult education centers, public charter schools, or publicly-supported secondary schools (i.e. private schools that enroll 60 percent or more publicly-funded students, sometimes referred to as “town academies”);

Be actively teaching students at least 50 percent of the workday at the time of nomination and during their year of recognition;

Maintain their teaching position and remain in the county for which they are selected throughout the year of recognition;

Have a minimum of five years of teaching, three of which are in Maine.

Beyond serving as advocates for education, Maine’s State and County Teachers of the Year serve as advisors to the Maine DOE and state-level education stakeholders across Maine. State and County Teachers of the Year also join a cohort of teacher leaders who actively work together for the betterment of education in Maine. They receive ongoing professional learning and participate in many county and state leadership opportunities.

The 2025 County Teachers of the Year will be announced in May, and the 2026 Maine Teacher of the Year will be selected from the 16 county honorees. Through a selection process designed by educators, the field will be narrowed to semi-finalists and then state finalists before the Maine Teacher of the Year is announced by the Commissioner of the Maine DOE at a school assembly in the fall. Each year, State and County Teachers of the Year are honored at the annual Teacher of the Year Gala.

On behalf of, and in partnership with, the Maine DOE, the Maine Teacher of the Year program is administered by Educate Maine, a business-led organization with a mission of championing college, career readiness, and increased educational attainment. Funding is provided by Bangor Savings Bank, Dead River Company, Geiger, Hannaford, the Maine State Lottery, the Silvernail family, and Unum, with support from the State Board of Education, and the Maine County and State Teachers of the Year Association.

“Educate Maine is honored to continue our partnership with the Maine Department of Education to administer the Maine Teacher of the Year program,” Educate Maine Executive Director Dr. Jason Judd said. “Our State and County Teachers of the Year exemplify the incredible dedication, innovation, and impact of educators across Maine. This program celebrates the vital role teachers play in shaping our future, elevates their voices, and strengthens the profession through leadership and advocacy.”

The Maine Teacher of the Year program is committed to a nomination and selection process that ensures people of all backgrounds are represented. Educate Maine and the Maine DOE champion that commitment by encouraging the nomination of educators from all culturally-diverse experiences and backgrounds. Our goal is to expand and diversify our nomination pool.

Through the generous support of Maine businesses, there is no cost to the local district when the Maine Teacher of the Year is out of the classroom on their official duties, which include representing educators statewide and nationally and highlighting the important work of Maine schools, communities, and educators.

For more information about the Maine Teacher of the Year program, please visit the Maine Teacher of the Year website.

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Maine

Maine needs more housing, fast. Two companies are turning to the assembly line.

Published

13 hours ago

January 26, 2025

Press Room

Maine needs more housing, fast. Two companies are turning to the assembly line.

Workers at KBS Builders in South Paris work on modular components of an affordable housing complex on Dec. 13, 2024. The modular components will be trucked to Newcastle and lifted into place next week. Gregory Rec/Portland Press Herald

As more people look to lay down roots in Maine and fill critical jobs, Lincoln County is in a position where it needs to build nearly 2,000 homes in the next five years.

Washington County needs to increase its annual housing production by over 1,200%. Cumberland County is short more than 16,000 units.

Maine’s housing crisis has reached a boiling point, exacerbated by decades of underproduction.

Across the state, regulators, developers and housing advocates are scrambling to build more housing as quickly as possible to meet current and future needs.

One solution that has emerged is multifamily modular housing — an assembly-line, factory style of construction that can turn a hole in the ground into a turn-key apartment building in a matter of months, rather than the year or more required for traditional stick-built housing.

The style of building has been around for centuries but has struggled to overcome a pervasive stigma of poor quality and comparison to mobile homes.

But two Maine companies are trying to change the conversation around modular housing with multifamily buildings camouflaged as traditional New England-style homes. A flurry of projects are popping up from Sanford to Madison that, once completed, will add nearly 100 units across the state.

Dooryard, a developer and modular catalog company, and KBS Builders, a modular construction company, are spearheading the movement in Maine, which they say can not only lead to more houses in less time, but also is also labor- and cost-effective.

‘LEGO KIT OF PARTS’

Kara Wilbur, owner of Dooryard, wants to bring back the Sears and Roebuck-style catalog and is working to build one for her company with plans for anything from single-family to 20-unit buildings.

Having a “Lego kit of parts” makes it easier to go through the planning process, tweaking whatever is necessary to meet local codes, she said. The cost also goes down as elements of previous plans are reused.

Developer Kara Wilbur listens to Newcastle Town Manager Kevin Sutherland in December during a tour of KBS Builders in South Paris, where modular components of an affordable housing development were being constructed. Gregory Rec/Portland Press Herald

The factory setting can save time beyond the efficiency of an assembly line.

“You’re building in a climate-controlled environment, so the folks that are putting your house together aren’t trying to get ahead of a storm or freezing their hands off,” said Parlin Meyer, principal at BrightBuilt Home, a net-zero modular home design company in Portland that also works with KBS.

It also requires fewer people.

“Depending on the size and the scope of (a stick-built) project, you might have 20 to 30 different subcontractors on-site,” said Thatcher Butcher, president of KBS. “The builder’s biggest challenge is wrangling them and getting them to show up when they need them while getting them to show up to begin with.”

But with modular housing, 70% of the work is done in the factory, reducing the number of subcontractors needed. It allows the workers a more reliable and consistent schedule, too, providing a better work-life balance, Butcher said.

DOZENS OF UNITS IN THE PIPELINE

Wilbur, along with partners Brian Eng and Sam Hight, launched the affordable housing modular model in Madison with 18 apartments in two buildings reserved for people making 80% of the area median income. They broke ground in October 2023 and tenants moved in seven months later. Another 18-unit project is awaiting funding.

Wilbur hopes to replicate the process with similar projects planned for Rumford and, following planning board approval Wednesday, Yarmouth.

Workers at KBS Builders in South Paris work on modular components of an affordable housing complex on Dec. 13, 2024. Gregory Rec/Portland Press Herald

In Sanford, Wilbur is partnering with MaineHousing to try out a modular development for prospective homeowners, rather than renters. The project includes nine condos and one single-family home on a lot near the city’s former mill buildings. The condos are reserved for people making 120% of the area median income, and the pre-sale process is underway.

While those are still in the early stages, developer Rob Nelson is nearing the next stage on a project in Newcastle.

The Midcoast town, sandwiched between the Damariscotta and Sheepscot rivers, has a population of fewer than 2,000 people. Nelson wanted to make sure that the two-building, 16-unit project, which is within walking distance of the village center, blended in with the community.

“A 50-unit project would be hard to make work in a town like Newcastle. The smaller project fit better with the community,” he said. “A year from now, when people drive down the street, they’ll think they’ve always been there.”

Kevin Sutherland, town manager of Newcastle, inspects a modular component being built at KBS Builders in South Paris last December. Gregory Rec/Portland Press Herald

The building uses the same model as the Madison project. Crews broke ground in late October. The modules will be installed next week, and Nelson hopes to have the buildings ready for occupancy in the spring.

The units will be reserved for people making 80% or less of the area median income. Rent will be about $1,400 a month for a one-bedroom.

“That is by no means cheap, but it’s filling a need in the market,” he said.

LACK OF HOUSING AN ‘EXISTENTIAL THREAT’

Nelson’s project could serve as an example to other communities in Lincoln County — and elsewhere — that are desperate for more affordable housing, said Emily Rabbe, executive director of the Lincoln County Regional Planning Commission.

“The potential for these modular units to be able to speed up construction, maintain the affordability of the unit and make it work from a development perspective to me feels like it’s critical,” she said. “We’re in a housing crisis now, and to have to wait another two to three years before we have units that are move-in ready is a really hard thing to tell people when they need a home today.”

The median sale price for a home in Lincoln County has climbed 127% in the last five years, more than any other county. Comparatively, the statewide median has risen 77%.

In 2023, the median sale price in Lincoln County was $440,000, a price that according to MaineHousing, was unaffordable to almost 90% of the population. By November 2024, the price had increased to $510,000.

Gerry Howley of KBS Builders, left, points out a detail to Kara Wilbur and Rob Nelson inside one of the modular components for an affordable housing development that will be constructed in Newcastle. Gregory Rec/Portland Press Herald

The 16 units from Nelson’s project in Newcastle, coupled with at least 40 units of modular housing (part of a larger, 136-unit development) headed for nearby Boothbay, seem like a drop in the bucket, but they’re a start. Modular housing can’t solve all the problems, but Rabbe said these projects can play a key role as Lincoln County evaluates its future.

For one of the oldest counties in the nation’s oldest state, affordability is key to simply keeping the economy up and running – let alone growing it – when an anticipated 19% of the workforce retires in the next 10 years. That new workforce needs homes to live in and the retiring workers will likely need homes they can manage on a fixed income.

A study commissioned last year by MaineHousing found that the area’s workforce housing shortage poses an “existential threat” to the region’s economic future.

“The housing issue is so multifaceted and the need is so dire,” Rabbe said. “No action is not an option for Lincoln County.”

AESTHETICS KEY TO FIGHTING STIGMA

While modular construction has been around for centuries, it really took off in the early 1900s when Sears and Roebuck began selling mail-order catalog homes by the tens of thousands.

Still, it only represents about 3% of the country’s residential construction and just 1% of new multifamily homes.

This is in stark contrast to other countries like Finland, Norway and Sweden, where 45% of homes are modular, and Japan, where modular housing represents 15% of construction, according to the Center for American Progress.

A rendering of the modular eight-unit condo building and single-family home on Bodwell Street in Sanford. Rendering by Dooryard and New Paradigm Design Workshop

Butcher chalks the reticence up to stigma – and it’s the biggest hurdle he sees to widespread adoption.

“I think a lot of it is largely driven by the way that the U.S. pursued HUD-style mobile homes back throughout the ’60s, ’70s, and ’80s, and unfortunately that product was low-quality and low-performance,” Butcher said. “It gave modular and offsite housing a bad name, and those two (modular and mobile homes) have become synonymous in people’s minds. Our biggest challenge is unwrapping those two and unpackaging them and getting people to see that modular housing is not mobile homes.”

Wilbur said that making the buildings blend in with their surroundings is key to reshaping those perceptions, which is why most of her developments are modeled after the traditional “New England village aesthetic” with pitched roofs, bay windows and front porches.

She wants to showcase that modular housing can be more attractive than “off-the-shelf ranch-style” homes, while still being compact and energy-efficient.

“It makes the most sense to put housing in our village downtowns,” she said, “so if we want to get community buy-in around new development in general, we have to do a good job designing projects. They’re beloved places in communities so the bar is set a lot higher.”

FUNDING STILL NECESSARY

While the approach is in many ways less costly for developers, it’s still expensive, especially at smaller scales of under 20 units, where it’s generally not feasible to use low-income housing tax credits.

A program from MaineHousing, the Rural Affordable Rental Housing program, aims to help by providing funding to developers of five- to 18-unit projects of affordable housing in rural areas.

Hight, co-developer on the Madison project, said the financing from MaineHousing was “completely necessary for anyone in their right mind to take on a project like this.”

Gerry Howley of KBS Builders, left, talks with Kara Wilbur and Rob Nelson inside one of the modular components at KBS in South Paris. Gregory Rec/Portland Press Herald

Building materials are expensive no matter how a house gets built.

“The only options are subsidized projects or luxury projects, and there are only so many places in Maine that could even support that,” Wilbur said. “It’s why the Rural Affordable Rental Program is critical because it is, in rural Maine, one of the only sources of funding available.”

So far, all five developments have either received or have applied for financing from MaineHousing, but Wilbur said she hopes to make traditional financing viable for future projects without having to sacrifice quality.

Dooryard and KBS are also working on conceptual models for multifamily housing projects that would align with federal Low-Income Housing Tax Credit standards, which might appeal to larger developers.

“There’s not one silver bullet that’s going to solve the housing crisis,” said Meyer, at Brightbuilt. “(But) I think modular is absolutely a piece of the puzzle, and it’s one that can help solve the need in a shorter timeline.”

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Maine

Maine man pardoned for role in Jan. 6 riot speaks at Topsham church

Published

21 hours ago

January 25, 2025

Press Room

Maine man pardoned for role in Jan. 6 riot speaks at Topsham church

TOPSHAM — A Waldoboro man pardoned by President Donald Trump following his conviction for assaulting police officers during the 2021 storming of the U.S. Capitol spoke at a Topsham church Saturday in an event organized by local Republican groups.

Matthew Brackley was sentenced in May to 15 months in federal prison after pleading guilty to one count of assaulting, impeding or resisting police during the Jan. 6 riot against the certification of Joe Biden’s victory in the 2020 election. He also received two years of probation and was ordered to pay $3,000 in fines and restitution.

A handful of protesters gather at the entrance of the road leading up to Topsham Baptist Church during a speaking event featuring former Maine Senate candidate Matthew Brackley on Saturday. Brackley pleaded guilty to one count of assaulting, resisting or impeding police for his role in the events at the U.S. Capitol on Jan. 6, 2021. Brianna Soukup/Portland Press Herald

Brackley was released from a Massachusetts federal prison last week shortly after Trump’s sweeping clemency action, in which the president pardoned, commuted or vowed to dismiss the cases of the more than 1,500 people charged with crimes in connection with Jan. 6.

The Cumberland, York, Lincoln and Sagadahoc County Republican committees hosted Brackley at Topsham Baptist Church at an event billed as “A Maine Patriot Story.”

Organizers at the entrance of the church Saturday afternoon said journalists were not permitted to enter the event and declined to comment.

Brackley was arrested in July 2023, more than two years after the Capitol riot. He ran for a Maine Senate seat as a Republican in 2022, losing to Democrat Eloise Vitelli of Arrowsic. Brackley, who owns Brackley Electric in West Bath, is among 15 Mainers who were charged for ties to the riot — all of whom had their cases pardoned or dismissed by Trump.

According to court records, Brackley admitted that he forced his way past police and remained in the Capitol building for about 40 minutes. At one point, Brackley pushed through two Capitol police officers and asked them where then-Speaker of the House Nancy Pelosi’s office was.

Raphael Macias, a state representative from Topsham, far left, and his child Peyton Macias, second from left, talk to the handful of protesters gathered at the entrance of the road leading up to Topsham Baptist Church. Macias said Peyton saw a post about the event on Reddit that morning and they decided to come to protest the event. Brianna Soukup/Portland Press Herald

About five people gathered down the hill from the Topsham church to protest Brackley’s speaking event. Some said they tried to enter the church as protesters but were asked to leave.

They were joined by state Rep. Rafael Macias, D-Topsham. Macias said he decided to attend the protest with his daughter after she saw posts about the event on Reddit.

“This (protest) is near and dear to me, because I served 22 years in the military,” Macias said. “I know what dishonor looks like … if I had done any of those things as a military member, particularly as a person of color, it would be a different verdict for me.”

Brackley told News Center Maine that he expected a pardon once Trump entered office. He said he regrets pushing past officers, but believes the 2020 election was stolen.

Federal and state election officials and Trump’s own attorney general found no evidence of widespread fraud in the 2020 election. Trump’s false claims were rejected by dozens of judges, including those he appointed.

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