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Victims of Maine's deadliest shooting start process of suing the Army

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Victims of Maine's deadliest shooting start process of suing the Army


LEWISTON, Maine (AP) — Lawyers representing 100 survivors and family members of victims of the deadliest shooting in Maine history have begun the formal process of suing the Army and an Army hospital for failing to act to stop the reservist responsible for the tragedy, attorneys announced Tuesday.

The individual notices of claim say the Army was aware of the reservist’s mental health decline that left him paranoid, delusional and expressing homicidal ideations, producing a “hit list” of those he wanted to attack.

“It is difficult to conceive of a case in which Army personnel could have more warning signs and opportunities to intervene to prevent a service member from committing a mass shooting than what happened in the case of Army Reservist Robert Card,” lawyers wrote in their notices mailed Friday.

The notices of claim by four law firms are a required step in suing the federal government. The Army will have six months to determine whether to respond, after which a lawsuit may be filed.

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Eighteen people were killed when the 40-year-old Card opened fire at two locations he’d frequented — a bowling alley and a cornhole league hosted by a bar and grill — on Oct. 25, 2023. Another 13 people were injured. Card was found dead two days later from a self-inflicted gunshot wound.

An independent commission appointed by Maine’s governor concluded that there were ample opportunities to intervene by both civilian law enforcement and the Army. For now, lawyers for victims and family and friends who suffered loss are focusing on the Army, and not a private hospital that treated Card or civilian law enforcement.

The Department of Defense, U.S. Army and Army Keller Hospital “broke its promises, failed to act reasonably, violated its own polices and procedures and disregarded directives and orders,” the claim said.

In September 2023, when Card threatened to “shoot up” an armory and his friend warned of “a mass shooting,” the Army failed to provide critical background about two doctors recommending that Card not have access to weapons when it requested that local law enforcement officers check on his well being. Card’s commanding officer even downplayed the threat by undercutting the credibility of the soldier who issued the warning, and by declining to share all information at his disposal, the claims said.

Cynthia Young, whose husband William and 14-year-old son Aaron were killed at the bowling alley, said in a statement that pain and trauma never goes away. “As terrible as the shooting was it’s even more tragic that there were many opportunities to prevent this and they were not taken,” she added.

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The filings said there may have been a time when mass shootings were so rare that they couldn’t be predicted but “that has not been true in America for decades.”

“Mass shootings, like what happened in Lewiston, are an epidemic in America. Consequently, those in positions of responsibility and authority are required to appreciate the warning signs and behaviors that telegraph the risk of mass violence, take them seriously, and act to prevent their occurrence,” the claims said.





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Maine

Maine peaks see first snowfall of the season

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Maine peaks see first snowfall of the season


Sugarloaf Mountain got about 2 inches at the summit from the first snowfall of the season on Monday, according to snow reporter Erica Jenson. Maine’s northwestern edge is expected to see more snowfall between Monday and Wednesday, the weather service forecasts. Erica Jenson/Sugarloaf Mountain

Maine received its first reported snowfall of the season this week, draping the peaks in northern and western Maine with thin veils of white rising above the fall foliage at the lower elevations.

Webcams at Sugarloaf and Saddleback ski areas both captured snowfall Monday, but it was not clear how much had accumulated.

So far, the snow has been mostly restricted to the higher peaks, Greg Cornwell, a meteorologist at the National Weather Service’s Gray office, said Monday afternoon. The weather service had not yet received snowfall totals or issued any snowfall reports, which usually come out following an inch or more of accumulation but rely largely on data gathered by volunteers, he said.

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Cornwell said the timing of this year’s first snowfall is “pretty well in-step” with what the weather service usually observes, but emphasized that it’s been mostly limited to the mountaintops.

“It is the time of the year we see snow coming into the higher terrain,” he said. “Enough to whiten things up.”

Cornwell said Mount Washington in New Hampshire – for which data was available – reported snow depths of 2 inches, and estimated that Maine’s mountains saw no more than 4 inches over the last two days. With precipitation expected to conclude overnight Monday into Tuesday, the weather service may start to have better snowfall data by Tuesday afternoon, he said.

Sugarloaf, located in Carrabassett Valley, issued its first Snow Report late Monday morning.

“Waking up to snow on the mountain makes for a happy day,” snow reporter Erica Jenson wrote around 11:45 a.m. “Enjoy the final days of fall as we begin welcoming in our favorite season.”

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In addition to the early morning dusting, Sugarloaf saw a mixture of snow and rain around 4 p.m., which cleared up toward evening, Jenson said when reached by phone Monday night.

She said the summit saw around 2 inches of snow buildup, but “nothing super substantial.”

The base of the mountain also got a dusting, but warmer temperatures and rain later in the day washed away what had accumulated, she said. She said the resort usually sees its first snowfall toward the middle of October.

“We’re right on schedule,” Jenson said.

Maine’s northwestern edge is expected to see more snowfall between Monday and Wednesday, the weather service forecasts. Towns like Rangeley and Jackman are mostly slated to get less than an inch of snow, but some areas along the Canadian border may see greater accumulations, the weather service said.

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As the temperatures drop and snow begins to build up, Cornwell urged any hikers to make sure they are considering and preparing for the conditions at higher elevations before attempting a climb.

“Sometimes the conditions you see at the trailhead don’t match that of the higher summits,” he said. “Be prepared for a change in weather conditions.”



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Maine issues second cannabis recall for mold, yeast issues

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Maine issues second cannabis recall for mold, yeast issues


Regulators cited contamination concerns at a string of licensed adult-use retail stores.

Maine officials issued a health and safety recall for cannabis products sold at a string of adult-use retail stores across the state.

The state’s Office of Cannabis Policy announced last week that pre-ground flower, pre-rolls and blunts produced by Nova Farms failed microbial, yeast and mold testing. The products, sold under the strain name “Frosted Cookies,” were available between Sept. 17 and Oct. 8, according to the recall notice.

“The recall was initiated following an investigation into data irregularities between mandatory test results reported to OCP and subsequent audit testing conducted by the office,” the agency said in a statement last week.

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It added that the state’s inventory tracking system helped identify and isolate potentially contaminated products. The recall affects products with batch numbers ending in 5185 and 5191. Consumers are advised to return or dispose of those items.

“OCP’s investigation into the cause and scope of this contamination is ongoing,” regulators said.

Officials warn that inhaling contaminated cannabis can cause various health issues, including respiratory problems and flu-like symptoms. Anyone experiencing symptoms after using the affected products should contact their physician immediately.

This is the second cannabis recall in Maine’s history, following the state’s first-ever safety recall of cannabis products just last month.

The affected stores are:

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  • Budz Emporium, Medway
  • Camp Cannabis, Turner
  • Columbia Recreational Marijuana, Columbia
  • Foliage ME, South Portland
  • Frosted Fire, Portland
  • Gram’s Five & Dime Cannabis Co., Newport
  • Nova Farms Maine, Greenville Junction
  • OMG Cannabis Co., Portland
  • Pot of Gold, Lebanon
  • River Driver Cannabis Co., Brunswick
  • River Driver Cannabis Co., Lisbon
  • Royal Leaf Apothecary, Presque Isle
  • Shipwrecked at 420, Mechanic Falls
  • The Joint.me, Portland



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Maine businesses recognize Indigenous Peoples Day in different ways

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Maine businesses recognize Indigenous Peoples Day in different ways


Jay Morin, right, a Keller Williams Realty agent, makes a video recognizing Indigenous Peoples Day for his professional Instagram account with the help of his son Trase on Friday. Shawn Patrick Ouellette/Staff Photographer

Jay Morin was busy Friday afternoon, making a video for his professional Instagram account that would recognize Monday as Indigenous Peoples Day.

An associate broker with Keller Williams Realty, Morin made a similar video last year for the nearly 1,200 followers of his social media account, which features home improvement projects. This year, he became the Texas-based company’s “cultural ambassador” for the state of Maine – a role he has embraced.

“I’ve always respected other cultures, especially the Wabanaki people of Maine,” Morin said. “I believe we are all immigrants and we should respect the people who were here first.”

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Like local government offices and schools, Keller Williams’ Portland office will be closed Monday in observance of Indigenous Peoples Day – a state holiday since 2019 – out of respect for the Wabanaki Nations in Maine, Morin said. Banks and post offices will be closed because it’s also Columbus Day, a federal holiday since 1971. Many retail and other businesses will be open.

Five years after the state changed the name of the October holiday, workers haven’t gotten an extra day off across the board. It’s one of the most inconsistently celebrated holidays in the U.S., and many Maine businesses recognize the day however they did before. Some are trying to foster greater cultural and historical awareness. 

President Biden has repeatedly proclaimed Indigenous Peoples Day to be a holiday, but it isn’t recognized under federal law. Maine is one of 18 states and the District of Columbia that officially celebrate Indigenous Peoples Day or a similar holiday instead of or in addition to Columbus Day.

Maine replaced Columbus Day with Indigenous Peoples Day, recognizing that the Penobscot, Passamaquoddy, Mi’kmaq and Maliseet tribes have lived in the region for at least 13,000 years.

The Portland Regional Chamber of Commerce will be closed in observance of Indigenous Peoples Day, said President and CEO Quincy Hentzel.

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“It is an annual paid holiday for our employees,” she said. “We believe many businesses within our region will be joining us in observance.”

The Maine State Chamber of Commerce and many of its members also will be closed Monday in observance of the holiday, said President and CEO Patrick Woodcock.

Maine businesses have made progress in recognizing Indigenous Peoples Day, said Maulian Bryant, Penobscot Nation ambassador and incoming executive director of the Wabanaki Alliance, which was formed in 2020 to promote tribal sovereignty.

“There probably are businesses that haven’t gotten on board,” Bryant said, noting that some people still call it Columbus Day.

“But all of the education and advocacy work that we continue to do will continue to make progress,” she said. “Not everyone is going to get there at the same time. You never know where the seeds that are planted will grow.”

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LARGE EMPLOYERS TAKE NOTE

MaineHealth, the state’s largest private employer with nearly 24,000 employees, recognizes Indigenous Peoples Day in company communications and through diversity, equity and inclusion training programs, said spokesman John Porter.

Employees may use one of 11 paid holidays to celebrate Indigenous Peoples Day, Porter said. The system’s nine hospitals are always open, he said, but its ambulatory practices are closed on New Year’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Thanksgiving and Christmas.

“We try to recognize all heritage days and events, like Martin Luther King Day and Hispanic Heritage Month,” Porter said. “We also recognize that we have an increasingly diverse workforce and we want people to be able to take time off on the days that are important to them.”

At Bath Iron Works, its 6,900 employees will be working Monday, just as they would have when the state celebrated Columbus Day. However, the company recognizes Indigenous Peoples Day in other ways.

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“We are almost a 24/7 operation, with three shifts running each day, plus overtime on weekends, so the yard doesn’t stop working very often,” said spokesman David Hench.

While some exceptions exist, most BIW employees get Presidents, Memorial, Independence, Labor, Thanksgiving, Christmas and New Year’s days off, he said. Most also get two “floating holidays” to be used at the worker’s discretion, such as on Indigenous Peoples Day.

The company also promotes Indigenous Peoples Day through social media and digital messaging boards throughout the shipyard. Facebook posts highlighted the holiday in 2022 and 2023.

“We also have communications recognizing MLK Day and Juneteenth,” Hench said. “During Hispanic American, Asian American, Pacific Islander and Black History months, we typically run communications connecting people of that heritage to our ships or the shipyard.”

CHANGE TAKES TIME

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Businesses typically aren’t leaders of social justice movements, said Tae Chong, a Portland-based diversity, equity and inclusion consultant.

“If there’s community consensus on an issue, they will amplify it,” said Chong, who specializes in multicultural markets and workforce strategies in northern New England.

It usually falls to social justice advocates, educators and civic leaders to forge public policy changes that can transform how people think, feel and act, he said.

In that way, Maine’s adoption of Indigenous Peoples Day has had a significant impact on the Wabanaki tribes, said Bryant, the Penobscot Nation ambassador.

Growing up, Bryant didn’t know Columbus Day was a holiday, she said. In her community, schools, businesses and government offices used to stay open on the second Monday in October.

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It was a quiet protest against a historic figure who contributed to the decimation of Indigenous people in the Americas, she said.

Penobscot Nation Ambassador Maulian Bryant speaks to students at Hall-Dale Middle & High School in Farmingdale last September. Joe Phelan/Kennebec Journal

Now, Wabanaki communities relish closing up shop and celebrating Indigenous Peoples Day.

“It’s been a really neat shift to see our offices close and our people celebrate the day,” Bryant said.

Many of the nearly 8,700 Wabanaki people in Maine live in Aroostook and Washington counties. In addition to the Penobscot Nation at Indian Island, near Old Town, they include the Mi’kmac Nation in Presque Isle, the Houlton Band of Maliseet Indians and Passamaquoddy communities at Pleasant Point and Indian Township, near Calais.

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This year, Jay Morin’s Instagram reel for Keller Williams calls attention to special events on Monday in Portland that will recognize Indigenous Peoples Day. They include a free Wabanaki storytelling exhibit at the Children’s Museum & Theatre of Maine; and a free showing at the Portland Museum of Art of “Sugarcane,” a 2024 documentary about the abuse of Indigenous children at a residential Catholic school in Canada.

In promoting the new state holiday, Morin said he avoids debate over the former state holiday.

“That’s why I’m the cultural ambassador this year,” he said. “I’m a diplomat.”



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