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Trial over Maine’s indigent defense crisis set to begin in December

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Trial over Maine’s indigent defense crisis set to begin in December


A judge has scheduled a two-week trial in December to address Maine’s indigent defense crisis, nearly three years after a civil rights organization first filed a lawsuit over the issue.

The American Civil Liberties Union of Maine is suing the state, alleging that it is violating the constitutional rights of criminal defendants who can’t afford legal counsel, who are entitled to a lawyer at the state’s expense.

At least 800 people accused of crimes were waiting for a court-appointed lawyer, according to an ACLU analysis of court data on Monday. A quarter of those people were in jail. Roughly 670 had been waiting more than 10 days for a lawyer, according to the ACLU, and more than 450 had been waiting more than a month.

That’s because the state does not have enough attorneys, mostly private lawyers, taking on court-appointed work.

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At trial, the ACLU will ask the court to declare that Maine is violating both state and federal law by not providing enough lawyers to the people it charges.

Carol Garvan, the legal director at ACLU of Maine, talks with Zachary Heiden, the chief counsel at the ACLU of Maine, during a hearing with Superior Justice Michaela Murphy in Kennebec County Superior Court in September 2023. Brianna Soukup/Staff Photographe

“We will be arguing that when people are waiting for weeks, sometimes even for months, to get an attorney, then important evidence is lost in their cases,” said the ACLU’s legal director, Carol Garvan. “Their cases can’t be investigated. Important witnesses’ memories fade, cases cannot move forward. Those kinds of delays undermine the basic constitutional right to a fair trial, which is what the right to counsel is all about.”

A spokesperson for the Office of the Maine Attorney General, which is representing the state defendants, including the Maine Commission on Public Defense Services, said their attorneys do not comment on pending litigation.

The parties have until Oct. 4 to decide whether any of the trial will involve a jury. And they have until Nov. 15 to finalize witness lists. Garvan said they were unable to share a tentative list Friday, but it’s likely their case will involve experts and people who have been affected by the crisis.

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She mentioned firsthand accounts of people who have lost their jobs and housing while waiting in jail; one person missed their child’s birthday and wasn’t even able to call.

“They’re sitting there, knowing that the whole weight of the prosecution, of the state, is being brought against them,” Garvan said. “And they have no one on their side. … They don’t know what their rights are, they don’t know who to call to understand what is even happening in their case, and they don’t know how long this is going to last, because it could be a few days or it could be months before they get counsel.”

YEARS IN THE MAKING

The ACLU of Maine filed its lawsuit over Maine’s indigent defense system in March 2022.

At the time, the ACLU’s chief concerns were the quality of legal representation provided to defendants – they alleged private lawyers, overseen by the commission, weren’t communicating with their clients or spending enough time on their cases.

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But then in November 2023, Maine’s courts acknowledged some defendants weren’t getting any legal representation at all. The number of lawyers available to accept new criminal cases in various counties has plummeted, leaving hundreds of constitutionally entitled defendants in limbo.

Superior Court Justice Michaela Murphy presides during a hearing at Kennebec County Superior Court in September 2023. Brianna Soukup/Staff Photographe

After the parties attempted to settle their original lawsuit several times, Superior Justice Michaela Murphy ordered the ACLU and the commission to go to trial and raise a case that addresses the state’s current reality. That meant convincing Murphy to also let them sue the state of Maine and Attorney General Aaron Frey, whose office oversees prosecutions of homicides and works with district attorneys.

Murphy will order a second trial, to address the quality of indigent representation, at a later time.

The ACLU was granted class action status, meaning they represent the interests of all criminal defendants who are entitled to a lawyer.

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On Thursday, Murphy agreed the class includes anyone who is eligible for a court-appointed lawyer, but who is still unrepresented after their first appearance or arraignment. That includes people facing felony charges and misdemeanors.

A ‘WHOLE STATE’ APPROACH

Even if the court were to agree that the state is violating constitutional rights, it’s still unclear what any relief would look like.

“Ultimately the purposes of this lawsuit is to hold the state accountable,” said Garvan. “That means there’s going to need to be a sort of ‘whole state’ approach.”

One potential remedy, said Garvan, is to release people who don’t have counsel from jail or dismiss their charges without prejudice.

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Last year, a Maine Supreme Judicial Court justice rejected a request from a pair of lawyers who do indigent defense work to create a statewide process in which unrepresented defendants are released from jail after seven days. A similar rule is in place in Oregon.

Some Maine judges have lowered bail for unrepresented defendants and one has ordered a charge be dismissed, but this varies from case to case and county to county.

Prosecutors and victim advocates have voiced concerns around this practice and questioned what the commission and the courts are doing to prioritize appointing counsel in cases where serious violence is being alleged.

Many have welcomed the opening of public defense offices around the state as movement in the right direction. In Kennebec County, where the first brick-and-mortar office is in full swing, only seven defendants were in need of a lawyer on Wednesday, according to data compiled by the courts.

But a majority of cases are still being handled by private attorneys.

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“It is both not going to fix things immediately and it is not a silver bullet,” said Garvan. “I don’t think there’s anyone who thinks that will automatically fix everything, but I think that’s been one positive (change).”



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Search widens for stolen antique truck last spotted entering Maine, police say

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Search widens for stolen antique truck last spotted entering Maine, police say


PORTLAND (WGME) – Maine State Police are helping Massachusetts police find a stolen antique truck last seen in Maine.

Police say the truck was stolen out of Ashland, Massachusetts, and was last seen towed into Maine on I-96 on Friday, January 23.

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If you think you’ve seen the truck or know where it is, you’re encouraged to call 508-395-4526.



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Susan Collins says ICE surge in Maine has ended

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Susan Collins says ICE surge in Maine has ended


Republican U.S. Sen. Susan Collins says “enhanced” operations by Immigration and Custom Enforcement in Maine have ended.

In a news release, Collins says Department of Homeland Security Secretary Kristi Noem told her that the surge of ICE agents that began recently is over and that the agency will continue “normal operations that have been ongoing for many years.”

“While the Department of Homeland Security does not confirm law enforcement operations, I can report that Secretary Noem has informed me that ICE has ended its enhanced activities in the State of Maine,” Collins said in the release. “There are currently no ongoing or planned large-scale ICE operations here.”

The announcement comes after Collins asked Noem earlier this week to pause its surge in Maine and Minnesota, saying both operations were too sweeping and indiscriminate.

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Collins told Maine Public on Wednesday that she had received multiple calls from constituents expressing fear and anger about the ICE operation because it was sweeping up people who are here legally.

ICE’s surge has prompted fierce backlash over its tactics and conduct, which resulted in two agents shooting and killing two U.S. citizens protesting and monitoring its activities in Minnesota.

Noem has been heavily criticized for her role in those operations and her characterization of those who were killed by ICE agents. Last weekend’s killing of Alex Pretti has intensified that criticism and congressional Democrats have called for Noem’s impeachment. Two Republican U.S. Sens. Thom Tillis, of North Carolina, and Lisa Murkowski, of Alaska, have also called for her removal.

The backlash has also prompted calls from Democrats to halt funding to DHS, the umbrella agency for ICE, until more accountability measures are put in place. Collins, the leading Republican on the Senate budget committee, has said she’s open to new proposals, but does not support halting funding for the agency because it also includes the Federal Emergency Management Agency and the U.S. Coast Guard.

The controversy over the surge of ICE agents has also become a significant factor in Collins’ re-election bid. The two leading Democrats vying to replace her, Gov. Janet Mills and Graham Platner, have heavily criticized Collins for not doing enough to curtail the operations and her support for continuing funding for DHS.

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Collins’ announcement about ICE operations in Maine was followed by an announcement by White House border czar Tom Homan that the agency would decrease the force deployed to Minnesota as long as officials there cooperate to assist in the apprehension of illegal immigrants with criminal records. Homan said much of that cooperation centers on jails and working with ICE to apprehend illegal immigrants there rather than on the streets.

“More (agents) in the jail means less people in the streets,” he said.

Homan was dispatched to Minnesota to take over operations after ICE agents shot and killed Pretti. He said during a press conference Thursday that operations will target illegal immigrants with criminal records.

Homan was asked about a force drawdown in Maine, but he did not directly answer.

DHS did not immediately respond to a request to confirm Collins’ announcement. The agency has not said how many additional agents it has deployed to Maine during the surge and it’s unclear how many operate here during normal operations.

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The agency has previously said that 200 arrests have been made in Maine and that it had more than 1,400 individuals targeted for detainment.

U.S. Rep. Chellie Pingree, D-Maine, said in a statement that she could not independently confirm the end of the surge, citing the lack of information from DHS and Noem.

“If these enhanced operations have in fact ceased, that may reduce the visible federal presence in our state,” she said. “But I think it is important that people understand what we saw during this operation: individuals who are legally allowed to be in the United States, whether by lawful presence or an authorized period of stay, following the rules, and being detained anyway.”

She added, “That is not limited to this one operation. That has been the pattern of this Administration’s immigration enforcement over the past year, and there is no indication that policy has changed.”

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Food pantries in Maine report fewer clients amid ongoing ICE operations

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Food pantries in Maine report fewer clients amid ongoing ICE operations


WESTBROOK (WGME) — As federal ICE operations intensify across Maine, many in immigrant communities are reportedly staying home from work and school and even from public spaces like grocery stores or food pantries.

In response, several food pantries and nonprofits are stepping up to fill the gap.

According to the Department of Homeland Security, more than 200 people have been arrested by ICE in Maine over the past week and a half. This has led to a significant decline in attendance at food pantries across the state, as many people are too fearful to leave their homes.

“The asylum seekers here in the area are scared and they’re hunkering down. They’re not coming out,” Saco Food Pantry Board Member Sheldon Nightingale said.

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The Saco Food Pantry typically provides food to nearly 1,000 people in the community monthly.

“Our immigrant community is not coming out right now. We have partnered with a couple of organizations to help out, if need be,” Nightingale said.

Several food pantries in Lewiston are also delivering food to those too afraid to leave home.

“Our business is to give out food and to help people who are in need and food insecure, and we intend to do that anyway we can,” Nightingale said.

In Westbrook, one business is working to ensure no one goes hungry.

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“Right now, that’s taking donations to help feed families that are concerned about the ICE presence here in Westbrook,” The Daily Grind Senior Barista Mackenzie Bearor said.

The Daily Grind Westbrook

State Rep. Sue Salisbury of Westbrook and her husband Joe are feeding families through their mobile food pantry and raising money at their coffee shop, The Daily Grind.

They report having helped more than 100 families since the ICE surge in Maine.

“People are afraid to leave their homes, so we are just trying to make sure they stay fed and get the food that they need,” Bearor said.

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Pantry officials urge anyone in need of food to contact their local food pantry.



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