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Maine high court rejects Mark Cardilli’s bid for new manslaughter trial

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Maine high court rejects Mark Cardilli’s bid for new manslaughter trial


Mark Cardilli Jr., listens to his attorney Tom Hallett during his bail hearing Friday, August 25, 2023. Cardilli’s conviction was overturned last year but the Maine Supreme Judicial Court just reversed that decision. Shawn Patrick Ouellette/Staff Photographer

The Maine Supreme Judicial Court ruled Thursday that the manslaughter conviction of a Portland man who shot and killed his sister’s boyfriend in 2019 should not have been vacated.

The court’s decision overturns a lower court ruling that found Mark Cardilli Jr.’s trial lawyers failed to present an adequate argument that he was acting in self-defense and vacated his manslaughter conviction. The new ruling from the high court means Cardilli will not get a new trial and will likely have to return to prison.

Isahak Muse Carl D. Walsh/Staff Photographer

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Cardilli was found guilty of manslaughter in the death of  22-year-old Isahak Muse following a bench trial in 2019. He had initially been charged with murder, but Superior Court Justice Nancy Mills opted to convict him of a lesser crime. He was later sentenced to 11 years in prison, with 3.5 years suspected. Cardilli served a portion of that sentence at the Windham Correctional Facility before the decision to vacate the conviction.

But Cardilli’s appeals attorney, Thomas Hallett, had fought to overturn the conviction, arguing that his client’s original lawyers did not provide effective counsel because they did not argue strongly enough that Cardilli was justified in using deadly force against Muse because he believed his life was at risk.

In their Thursday ruling, the justices wrote that the trial court “expressly found that the State had proved beyond a reasonable doubt that, if Cardilli believed that his use of deadly force was necessary under the circumstances, his belief was objectively unreasonable.”

And because the judge had convicted Cardilli of manslaughter instead of murder, that finding would have negated a self-defense argument, they said.

“Any inadequate advocacy by Cardilli’s trial counsel could not have had an adverse effect on his defense sufficient to undermine confidence in the outcome of the trial,” the ruling said. “We therefore vacate the judgment of the post-conviction court and remand for entry of a judgment denying Cardilli’s petition.”

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Hallett and a spokesperson for the Attorney General’s Office did not immediately return messages seeking interviews about the ruling.

During his original trial, Cardilli admitted to killing Muse during at fight at the Cardilli family home in Portland, but said he was defending himself and his family. Muse had been visiting his girlfriend and the conflict started as a disagreement over whether he could spend the night. During the fight, Cardilli ran to his room to retrieve a handgun from a safe.

Cardilli had already appealed the conviction to the state’s highest court once, arguing that he was justified in using deadly force against Muse, but the justices disagreed.

“Even if Cardilli had an actual belief that Muse was about to use deadly force by taking control of the gun that Cardilli brought into the chaos – a belief not asserted by Cardilli at trial – the court found that any such belief was objectively unreasonable,” Justice Ellen Gorman wrote in the court’s earlier  opinion.

Cardilli, through his attorney, then requested a post-conviction review, which was conducted by Superior Court Justice John O’Neil. That review focused more on whether Cardilli was offered effective counsel. O’Neil concluded that the trial lawyers failed to “vigorously argue” that he acted in self-defense and vacated the conviction, setting the stage for a new trial. The state then challenged that decision, bringing the matter once again to the supreme court.

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This story will be updated. 

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Citizen’s initiative wants to roll back recreational cannabis use in Maine

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Citizen’s initiative wants to roll back recreational cannabis use in Maine


A new citizen’s initiative is looking to roll back recreational cannabis use in Maine.  Maine has allowed for prescribing and limited possession of medical marijuana since 1999, and a successful 2009 referendum established licensed and regulated medical dispensaries. Then, in 2016, Maine voters approved recreational use, retail sale and taxation of cannabis, which the state […]



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Maine Commission releases first recommendations to combat growing deed fraud threat

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Maine Commission releases first recommendations to combat growing deed fraud threat


PORTLAND (WGME) — Maine has spent the past two years grappling with a rise in deed fraud schemes.

The CBS13 I-Team first began investigating after an elderly man didn’t receive his tax bill and learned someone had transferred his property without his knowledge.

Since then, multiple landowners have come forward saying something similar almost happened to them. Our reporting has uncovered for-sale signs posted on land, fake driver’s licenses and signed agreements to transfer deeds; all tied to scam attempts.

Maine has spent the past two years grappling with a rise in deed fraud schemes. (The Nathanson family)

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The growing pattern prompted a state commission to issue new recommendations aimed at stopping the fraud.

Landowners say scam nearly cost them their property

Two summers ago, Cheryl and Ralph Nathanson learned their land on Little Sebago Lake had been put up for sale online.

“We could have lost our property,” Cheryl Nathanson said.

The Nathansons, who live in Connecticut, were stunned when they discovered a fraudulent listing for their Maine plot.

“We notified the police and they said they can take a report on it but that there’s nothing they could really do,” Ralph Nathanson said.

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Police told them it was a classic case of deed fraud: scammers posing as property owners, listing land they don’t own and disappearing with the cash.

The couple was advised to sign up for property alerts through the Cumberland County Registry of Deeds, but quickly learned those alerts offered little protection.

“You can register for the deed fraud but it only informs you, by email, after the deed has been transferred. So it’s basically worthless,” Ralph Nathanson said.

A realtor lists their property…. Again

The following summer, the Nathansons discovered a real estate sign had been placed on their land.

“I was notified by a neighbor that there was a for-sale sign, a realtor for-sale sign, on our land,” Ralph Nathanson said.

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A realtor from Old Orchard Beach had unknowingly entered into an agreement with someone impersonating the couple.

“Some of the information was correct, some of it wasn’t. You can get anything off of Google,” Cheryl Nathanson said.

Ralph Nathanson remembers confronting the agent.

“You are selling my property and I’m not selling the property,” Ralph Nathanson said. “The phone went silent.”

Despite the ordeal, the couple believes they were lucky to have seen the sign, knowing how bad these schemes can get.

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State commission concludes work on deed fraud

“Currently, you all might be landowners and your land might be at risk, and you might not know right now that somebody has sold your land,” Jane Towle with the Real Estate Commission said, during the final meeting of the Deed Fraud Commission.

This fall, a state commission of stakeholders convened to examine ways to prevent deed fraud in Maine.

The Nathansons urged the commission to go beyond awareness campaigns.

CBS13 I-Team Reporter Stephanie Grindley: “You think the state should act beyond just awareness?”

Cheryl Nathanson: “100%.”

Ralph Nathanson: “Absolutely. I think the state of Maine has a responsibility to protect landowners.

But not everyone in the meeting agreed on the scope of the problem.

Attorney General calls deed fraud a low-priority scam

In the final meeting, Attorney General Aaron Frey remained staunch in his skepticism, saying complaints of deed fraud are still relatively rare.

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“What we’re seeing for people getting hurt and losing money, this would probably not be the thing I want to highlight over other scams that are happening right now that are actually costing people their retirement savings,” Frey said.

Sen. Henry Ingwersen of York, who spearheaded the commission, sat down with the I-Team following the final meeting.

Grindley: “During the meeting, I did hear the Attorney General essentially call this a non-issue. His office isn’t getting complaints. He doesn’t see a bunch of consumers loosing money to this. Has that changed your stance?”

Ingwersen: “We’ve had three that have really been highlighted just in southern Maine. We haven’t heard a lot from around the rest of the state, but there has been some, so I think that even though it’s rare, we really need to address it.”

“I was pleased that we did come up with a couple of recommendations that we’re going to put in the report,” Ingwersen said.

Key Recommendation: Verify the seller’s identity

The first area of agreement among most, not all, stakeholders would legally require listing agents to verify a seller’s identity.

“The way it is now, it’s best practice. And a lot of professionals are doing best practice,” Ingwersen said. “The red flags in deed fraud are cash sale, land only, a quick sale at below-market value If we had realtors really paying attention to those red flags but also a policy that would require them to check the identity of the fraudulent seller, or of the seller, thoroughly, I think it would prevent, even if it prevented one instance of deed fraud, I think it would be very helpful.”

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The commission did not outline exactly how identification should be verified.

“We didn’t really specify what that identification process was going to be. We’re leaving that up to rule making,” Ingwersen said.

Second Recommendation: Easier path to undo a fraudulent deed

Currently, the only way to reverse a fraudulent deed in Maine is to go to court.

The commission proposes allowing an attorney to file an affidavit with the registry.

“Allow an attorney to file an affidavit with the deed recorder that would allow the deed to be, the fraudulent deed, to be nullified in a way that is a little bit quicker than we currently have,” Ingwersen said.

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The recommendations will now head to the Legislature’s Judiciary Committee. Any legislative change likely wouldn’t take effect until 2027, if the proposals make it into a bill and then survive a vote.

“I think we made some good progress, but I don’t think this is going to go away. I think this will continue,” Ingwersen said.

Landowners fear fraud will try until it succeeds

“We were thinking, do we take a loan out on it just to secure it?” Ralph Nathanson said.

As the legislative process begins, the Nathansons say Maine cannot wait. They fear it’s only a matter of time before a sale of their land goes through.

“To lose land like this or to find out that their land is now gone, I just can’t imagine that,” Ralph Nathanson said.

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Ideas Left on the Table: Title Freeze and National Guidance

Several proposals failed to gain traction, including a “title freeze.” a concept similar to a credit freeze that would allow a landowner to lock their deed from unauthorized transfers. Maine could have been the first state to pilot it, but members said they lacked enough information.

Instead, they pointed to national group studying deed fraud. The Uniform Law Commission is drafting model legislation that states, including Maine, could adopt to better protect landowners.



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Charter Communications lays off 176 Maine employees

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Charter Communications lays off 176 Maine employees


PORTLAND, Maine (WGME) — Charter Communications, which owns Spectrum, is laying off 176 workers in Maine.

A company spokesperson said 176 employees were informed on Wednesday about the layoffs.

Charter Communications said it is transitioning the work done at the Portland call center to other U.S.-based centers effective immediately.

“Employees may relocate in their current role to select customer service locations and are eligible for relocation benefits. They will continue to receive regular pay for 90 days; severance and eligible benefits will begin afterward for those who do not relocate. Impacted employees may also apply for any open role for which they are qualified,” a company spokesperson said.

According to the Press Herald, the layoff is about a quarter of their Maine workforce.

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