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.
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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.”
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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.
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“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.
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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.
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“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.”
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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.
The body of a missing Sedgwick woman was found a short distance from her residence Saturday morning, officials said.
Glenith Gray, 77, was reported missing from her home at 15 Parker Lane at about 3 a.m., according to the Hancock County Sheriff’s Office.
The Maine Warden Service was called in at 6 a.m. to assist with the search, deploying five wardens and three K-9 units.
Cellphone tower data helped lead searchers to Gray’s body at about 9:45 a.m., a short distance from the residence, said Mark Latti, spokesperson for the Maine Warden Service.
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Her death was not considered suspicious and appeared to be weather-related, though the state medical examiner’s office was notified, which is standard in unattended deaths.
Gray had worked as a real estate agent and developer, as well as serving in the Maine State Legislature in the 1990s.
Rabbi Levi Wilansky is the director of Chabad of Maine.
Last week, an 88-year-old Army veteran named Ed Bambas went viral.
An Australian TikToker saw the elderly man standing behind a cash register, when Ed shared that he works eight hours a day, five days a week.
It’s not because Ed loves working retail, but because 13 years ago, he lost his pension and life insurance when General Motors went bankrupt. Around the same time, his wife fell gravely ill and he sold their home to pay her medical bills. Seven years ago, Ed’s wife passed away and he is still working full-time at a grocery store — just to survive.
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Within days, strangers who watched the video had set up a GoFundMe and raised more than $1.5 million to help this veteran retire with dignity.
Ed’s story shows the power that one person had to spark a major wave of kindness around the world. Through just one short video, a social media influencer unleashed immense generosity from people who just wanted to help a stranger.
This same dynamic is reflected in the menorah, the central symbol of the festival of Chanukah, coming up this year from December 14-22. For each night of the eight-day holiday, we light the menorah, gather with family and friends, and retell the story of the Macabbees.
On the first night, we light the menorah with just one candle. Each subsequent night of the holiday, we add another candle, until all eight lights are kindled on the last night. The second century sage Hillel learned a lesson from this order: that it’s not enough to just spread light. Rather, we must always be increasing in the light we share.
This can be done practically through acts of kindness in the community. To address darkness in its many manifestations — mental illness, poverty, homelessness or the myriad other issues that people in Maine are facing — we cannot just do one good deed and call it a day. Instead, we must begin with one small act of kindness, and then build off that to do more to help the community.
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That’s why this year, Chabad of Maine launched Kitchen of Kindness. It’s a non-denominational initiative, bringing together volunteers from across our community to prepare nutritious, high-quality Kosher meals for people facing food insecurity throughout Southern Maine. During this season, when so many gather with family, food support is critical for those struggling.
The Rebbe, Rabbi Menachem M. Schneerson, of righteous memory, once called America a malchut shel chesed — a nation of kindness. Despite the numerous challenges we face, that spirit lives on — especially in Maine. It lives in the stranger who helps you dig out your car after a storm. It lives in the recognition that we’re responsible for one another, especially during our dark winters when isolation can turn dangerous.
This Sunday, December 14, the first night of Chanukah, I invite people of all backgrounds to join us in front of Portland City Hall for a grand menorah lighting. Starting at 4:30 p.m., we’ll have live music, a Giant Gelt Drop, and delicious Chanukah treats. We will also be building a “Can-ora”—a menorah constructed entirely from donated canned goods, all of which will be distributed to people in need. Throughout the rest of Chanukah, Chabad of Maine will light menorahs across Southern Maine, including at the State Capitol.
My hope for this Chanukah is to inspire everyone to spread the light. Whether it’s donating to the “Can-Ora”, volunteering, raising money for a cause you believe in, or simply checking in on a neighbor who might be struggling, we all have a responsibility to increase in goodness and kindness. The story of Ed Bambas, and of the menorah, teaches us that even though the world faces challenges, our capacity to make a difference begins with one act of light.
The Grand Menorah Lighting takes place Sunday, December 14, at 4:30 p.m. in front of City Hall, followed by a community celebration at Portland High School’s Chestnut Street entrance. To learn more about the Kitchen of Kindness or to volunteer, visit ChabadOfMaine.com or email [email protected].
PORTLAND, Maine — Loons are on the mend in Maine, filling more of the state’s lakes and ponds with their haunting calls, although conservations say the birds aren’t out of the woods yet.
Maine is home to a few thousand of the distinctive black-and-white waterbirds — the East Coast’s largest loon population — and conservationists said efforts to protect them from threats helped grow the population. An annual count of common loons found more adults and chicks this year than last, Maine Audubon said this week.
The group said it estimated a population for the southern half of Maine of 3,174 adult loons and 568 chicks. Audubon bases its count on the southern portion of Maine because there are enough bird counters to get a reliable number. The count is more than twice the number when they started counting in 1983, and the count of adult adult loons has increased 13% from 10 years ago.
“We’re cautiously optimistic after seeing two years of growing chick numbers,” said Maine Audubon wildlife ecologist Tracy Hart. “But it will take several more years before we know if that is a real upward trend, or just two really good years.”
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Maine lawmakers have attempted to grow the population of the loons with bans on lead fishing tackle that the birds sometimes accidentally swallow. Laws that limit boat speeds have also helped because they prevent boat wakes from washing out nests, conservation groups say.
It’s still too early to know if Maine’s loons are on a sustainable path to recovery, and the success of the state’s breeding loons is critical to the population at large, Hart said. Maine has thousands more loons than the other New England states, with the other five states combining for about 1,000 adults. The state is home to one of the largest populations of loons in the U.S., which has about 27,000 breeding adults in total.
Minnesota has the most loons in the lower 48 states, with a fairly stable population of about 12,000 adults, but they are in decline in some parts of their range.
While loons are not listed under the U.S. Endangered Species Act, they are considered threatened by some states, including New Hampshire and Michigan. The U.S. Forest Service also considers the common loon a sensitive species.
The birds migrate to the ocean in late fall and need a long runway to take off, meaning winter can be a treacherous time for the birds because they get trapped by ice in the lakes and ponds where they breed, said Barb Haney, executive director of Avian Haven, a wildlife rehabilitation center in Freedom, Maine.
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“We’re getting a lot of calls about loons that are iced in,” Haney said, adding that the center was tending to one such patient this week.
