4-5-13
Mark Strong Sr. was released from jail today, five days before the end of his 20 day sentence. Would you, or I, get this kind of special treatment. What gives????? I realize that “criminals” get time deducted for good behavior, however, this case had a smell to it from the beginning. Did Strong have more on them than they did on him? Was there selective prosecution and double standard of justice in this case?
4-2-13
Alexis Wright, her attorney Sarah Churchill, and York County prosecutors have been meeting in negotiations behind closed doors. Wright has pleaded not guilty to 106 counts, including several felony counts, the most serious of which is punishable by up to 10 years in prison.
On Friday, March 29th, Wright pleaded guilty to 20 charges that she worked as a prostitute for more than a year and a half in her Kennebunk Zumba studio.
Wright was ordered to pay $57,000 in fines and restitution to the state.
The deal reached Friday did not include an agreement on jail time. Prosecutors are recommending Wright serve 10 months in jail. She is due to be sentenced May 31.
In return for the guilty pleas, prosecutors reduced three felony charges for federal tax and state welfare violations to misdemeanors. Atty. Churchhill stated “The hard part in this case is, there’s a whole lot more to this story. Just because the story doesn’t come out in the criminal case doesn’t mean it won’t come out. There’s obviously a backstory to why this all started and why it went on for as long as it did and whether my client wanted it to happen.”
“The lead prosecutor in the case, York County Deputy District Attorney Justina McGettigan, said Wright’s plea does not end the case. So far, 66 of more than 140 people in Wright’s records have been charged. Police put charges against others on hold while the cases against Wright and Strong dominated their attention. It remains to be seen, of the others, how many will be charged.”
How does a federal income tax alleged violation get prosecuted in Maine Superior Court and minimized to a misdemeanor?
People are still questioning if the DA made the deal so the other prominent names do not become public. They wonder why the Press Herald or the News Media have never gone after that list.
Is there a smell to this? Did Strong have more on the Kennebunk PD than they had on him?
3-28-13
On March 6, Strong was found guilty on all 12 counts of promotion of prostitution and one count of conspiracy to promote prostitution.
Defense attorneys in the Strong case filed a motion seeking arrest of judgment in the case, urging Superior Court Justice Nancy Mills to reverse the conviction on the grounds that the charges against him were too vague to defend against. Mills denied that motion.
Superior Court Justice Nancy Mills sentenced Mark Strong Sr. to 20 days in jail and a total of $3,000 in fines for his role in an alleged Kennebunk prostitution business.
Strong’s attorneys, Daniel Lilley and Tina Nadeau, announced plans to file an appeal in his case, but after sentencing on March 21st he withdrew an appeal seeking to overturn the jury’s verdicts. That clears the way for prosecutors to call him as a witness if Wright goes to trial, because his Fifth Amendment rights against self-incrimination no longer apply.
Atty. Sarah Churchill, representing Wright, filed a motion to buy more time for settlement negotiations to play out.
3-16-13
York County Deputy District Attorney Justina McGettigan said “taxpayers should be pleased” by the time-consuming and costly law enforcement effort that has resulted, so far, in the conviction of Strong.
“Strong’s attorney, Daniel Lilley, frequently described the case as overkill, saying his client faced difficult odds against the state’s “unlimited resources” and at one point before the trial referred to what he called “prosecutors on steroids.”
But McGettigan defended the effort on Wednesday after the guilty verdict was announced, saying police and the district attorney’s office are obligated to prosecute crimes under Maine law.
“The List,” as it came to be known, included some prominent local residents. Curiosity about who else is on it has helped propel a local scandal to the global media stage.”
“McGettigan said the statute of limitations for engaging a prostitute is three years from the date of the alleged incident, and investigators will continue compiling evidence in the coming weeks to determine if there is enough to charge additional individuals.”
“Lilley said he was “disappointed” with the verdict but he never argues with a jury.”
McGettigan did speak to the media. ”We’re pleased that the jury found the evidence convincing,” McGettigan said. “They believed the overwhelming evidence we showed them that Mark Strong was guilty of promoting prostitution.”
Strong did not testify and Wright was not called as a witness.
McGettigan said she and Atty. Churchill, Wright’s attorney, met on Wednesday, March 13th for what the prosecutor called “a settlement conference.”
Assistant Attorney General William Stokes has said that prosecutors from his office who specialize in tax prosecutions and benefits fraud will prosecute Wright on the tax-related charges.
Wright is alleged to have received more than $10,000 in state aid, including food stamps, that she was not eligible for because of her income from prostitution. Even though that money was made illegally, it’s considered income.
As of December 21, 2012 64 men have been charged. Another 32 men charged as clients in the case have entered not guilty pleas in writing through their attorneys, avoiding in-person court appearances. The remainder have yet to reach their arraignment dates.
Update of 2-14-13 Freedom of Access requests. FOIA – clarification, February 7, 2013
FOIA response from D.A. Kathryn Slattery, dated February 14, 2013 claiming the remaining suspects have not been charged.
Do you smell something?
3-6-13
Attorneys on both sides made closing statements to jurors Tuesday, foregoing dozens of witnesses who had appeared on each party’s pretrial lists.
Strong found guilty on all 12 counts of promotion of prostitution and one count of conspiring to promote prostitution. Each of the 13 counts, Class D crimes, are subject to a maximum penalty of up to 1 year incarceration and a maximum fine of up to $2,000.
Strong will be sentenced March 19 and has been released on personal recognizance. Until then, he is not allowed to have any contact with Wright.
3-5-13
Deputy District Attorney Justina McGettigan sent an email over the weekend to Justice Nancy Mills, and Strong’s defense attorneys, listing only eight more witnesses she intends to call for the state before resting the case.
The final eight witnesses are all men convicted of engaging Alexis Wright for prostitution. Prosecutors at the start of Strong’s trial had intended to call 18 men convicted of engaging Wright. McGettigan’s email does not explain the change in plan.
McGettigan’s revised witness list also leaves off 11 police witnesses and multiple representatives of financial institutions and cellphone service providers.
To prove the charge of promotion of prostitution, prosecutors do not necessarily have to show that Strong benefited financially from his relationship with Wright. Under state law, promotion of prostitution could also be defined as aiding someone to engage in prostitution or leasing a place regularly used for prostitution.
Mark Strong’s defense team have maintained that notes found during a search of his client’s office prove he was investigating OfficerPresby and others at the Kennebunk Police Department and would continue grilling the department’s top investigator about the topic Monday. Lilley maintains his client was charged in tis case as payback for research he was doing into past misconduct by Kennebunk police, most significantly the officer put in charge of the prostitution investigation.
Lilley’s team has suggested Strong is the victim of a police conspiracy to keep the information about past misconduct from becoming public. Lilley has determined during cross examination of several police investigators in the trial that Presby was allowed to temporarily take possession of a hard drive found at Strong’s office.
Kennebunk police Patrol Officer Audra Presby returned to the witness stand on Monday.
The combative tenor that marked Presby’s cross-examination Friday resumed quickly Monday morning.
The crossfire between attorneys even cut off the judge presiding over the case.
Strong and Lilley have maintained he was pulled into the prostitution case as police retaliation for the research he was doing into Presby and other members of the department.
But under continued questioning, Officer Presby said she believed Strong had begun investigating the police only after police conducted a search of Wright’s Kennebunk properties five months earlier.
In a surprise move, the prosecution rested its case late Monday morning without calling any of the convicted “johns” to the stand.
Strong’s attorneys filed motions seeking to dismiss 12 of the 13 charges against him and another for overall acquittal.
On Tuesday morning defense attorneys for Mark Strong argued two separate motions. Judge Mills denied both motions.
Motion to Dismiss.
The last live witness called by the defense in the case came Tuesday morning, when Lilley called Strong’s brother, James Strong, to the stand.
James Strong, an attorney, told the court he urged state police not to allow Kennebunk police to handle computer evidence seized from his brother’s property because of the potentially embarrassing information Mark Strong allegedly kept about the town department.
Closing arguments scheduled for this afternoon.
The jury is scheduled to begin deliberations Wednesday.
3-3-13
On Wednesday afternoon, February 27th, Judge Mills allowed about 100 sexually explicit images to be turned over to the jury. A computer analyst, Detective Frederick Williams of the Saco Police Department, briefly took the stand as a witness twice Wednesday and testified that he analyzed a computer hard drive seized from a raid of Strong’s home and insurance business in Thomaston on July 10, 2012, and recovered emails between Wright and Strong that included a spreadsheet of a list of names.
Patrol Officer Audra Presby, who led the local investigation into the alleged prostitution business, took the witness stand for the first time Thursday afternoon and returned to the stand on Friday for continued questioning. Cross-examination of Officer Presby triggered sharp exchanges between Atty. Dan Lilley and D.A. Justina McGettigan.
Presby testified that she linked Strong to the prostitution case after seeing him in a sex video with Wright, then matching his voice to recorded conversations with her.She is expected to return to the stand Monday, along with several other Kennebunk police officers and possibly some of the men who have been convicted of engaging Wright for prostitution. The most dramatic moment Friday came as Lilley questioned Presby about her use of the word “pimp” in one of her police reports and asked her to define the word.
Prosecutors may be forced to pay nearly $23,000 to cover legal fees of the man they’re prosecuting. Defense attorneys filed an application electronically Sunday to compel the state to cover some of Strong’s legal costs. In its application to recoup the legal costs associated with the appeal, the defense team states that Lilley spent 38 hours, worth a total of $14,250, on the Maine Supreme Judicial Court excursion. Nadeau is listed as spending 42.5 hours on the appeal at a lesser per-hour fee, totaling $8,075 in legal fees. Another attorney at the firm contributed $500 in billable time to the appeal, and the team added $99.33 in printing and binding costs.
Trial resumes Monday, March 4th.
2-26-13
In the hearing Friday, the town of Kennebunk’s attorney Natalie Burns told the court that police personnel records are confidential under state law. But Lilley disagreed, saying Strong’s constitutional right to a fair trial “trumps” the state confidentiality law. A motion was filed by email Sunday that Strong is legally entitled to the complete personnel records of all Kennebunk police officers who are scheduled to testify at his trial. The motion asked that the court dismiss all 13 pending charges against Strong, that the case be dismissed and if Justice Nancy Mills declines to dismiss the case, prosecutors be ordered to release police personnel records, and asks the judge to inform the jury that prosecutors have “violated Defendant Strong’s Constitutional rights” by depriving him of favorable evidence and that prosecutors had been aware of the “weakness of their case.
Motion to Dismiss.
Trial resumed on Monday February 25th.
Maine State Police Detective Herbert Leighton and Detective Terry James returned to the witness stand.Lilley pursues his argument that Kennebunk Officer Audra Presby, the subject of Strong’s alleged expose, had an opportunity to tamper with evidence in the case.”Presby has yet to testify in the trial. Less than two hours before she was scheduled to take the witness stand Thursday afternoon, the court received a letter from an attorney representing the town of Kennebunk and its police department, stating that past personnel records at the department are regularly purged in accordance with the officers’ union contract. As a result, a written reprimand Lilley planned to reference during his cross-examination of Presby was no longer in her file. The news surprised the defense team and Superior Court Justice Nancy Mills, who scolded prosecutors and town lawyers for the late announcement despite knowledge since July that Lilley would be pursuing the police payback argument.”
A computer expert says Strong deleted his email a day after police raided a fitness instructor’s dance studio, office and home in February 2012.
Judge Mills refused to dismiss charges.
Lilley’s motion to dismiss argues that the prosecution had violated his constitutional rights by failing to release key evidence that could have been used in his defense before the trial, and failing to meet past deadlines to release that evidence.
The trial resumes.
2-22-13
Earlier this month Atty. Daniel Lilley, sent a letter to York County Deputy District Attorney Justina McGettigan informing her that he intends to call her or the other prosecutor on her team as a witness “to explore the issue of selective prosecution — bias or prejudice.” McGettigan sent a response letter dated Feb. 14 to the judge Nancy Mills objecting to Lilley’s proposed move. McGettigan also asked the court in her letter of objection to address Lilley’s behavior in the case. ”While we have not responded to Mr. Lilley’s emails in which he suggests that the Attorney General’s Office has ‘appeared to … rubber stamp’ our appeal, and other baseless claims, we hope the court will address with counsel the vituperative tone of counsel’s emails, court filings and statements on the record regarding the District Attorney’s Office and the Attorney General’s Office,” McGettigan said in her letter.
On Tuesday, February 19th, Justice Nancy Mills ruled that defense attorneys for Strong cannot call Deputy District Attorney Justina McGettigan or Assistant District Attorney Patrick Gordon to the witness stand in an attempt to prove their client was targeted by “selective prosecution.”
“Mills also shook off attorney alerts that she may have a conflict of interest in the case, due to peripheral relationships with the attorney general’s office and a law firm that represented one of the lead investigators, and said she will not recuse herself from the ongoing case.” She decided not to recuse herself from the case — as well as the forthcoming Wright case — after acknowledging that sister-in-law Janet Mills has been named the state’s attorney general. The attorney general’s office signed off on the prosecution’s recent appeal to the law court, but both Assistant Attorney General William Stokes and York County District Attorney Kathryn Slattery each wrote letters telling the court they are satisfied Janet Mills has been screened from the cases and Nancy Mills’ impartiality has remained untainted.”
“Both Stokes and Slattery wrote, however, that they would support Mills if she decided to step down to “avoid … the appearance of a conflict.”
Mills also said she thinks she could act impartially despite the fact that her husband’s Skowhegan law firm, Wright & Mills, represented a lead investigator from the Kennebunk Police Department, Audra Presby, during a 2011 protection from abuse hearing. Her husband, Peter Mills, is Executive Director of the Maine Turnpike Authority.
Defense attorneys Sarah Churchill, representing Wright, and Lilley told Justice Nancy Mills on Tuesday that their clients think she should continue to oversee the cases.
(With all of these conflicts of interest, defense attorneys also agree that Judge Mills continue on this case? York County Superior Court judges recused themselves from the case as there were concerns that York County judges may know some of the witnesses. )
Jury selection resumed Wednesday morning after nearly four-weeks of delays, twists and turns,with a jury of 10 men and six women selected. Trial began on Wednesday, February 20th.
In his opening statements “Lilley hinted that he would pursue a long-expected argument that Strong was the target of police payback for an investigation he was doing into alleged misconduct at the Kennebunk Police Department and plans to make a case that police had an “ulterior motive” to pursue Strong.”
D.A. “McGettigan delivered a less lengthy opening statement than her opponent, but told jurors that prosecutors will provide evidence proving Strong knew full well that prostitution was being conducted at the Zumba studio he helped get organized.
She said subsequent police investigations turned up emails, text messages and other communications and electronic evidence indicating Strong helped participate in the prostitution business by, among other things, running license plate numbers of the individuals allegedly paying for sex at Wright’s studio.”
On Thursday, attorneys for the prosecution and defense clashed over the testimony of a Kennebunk pizza parlor manager and Lilley asked Superior Court Justice Nancy Mills to strike his testimony from the record. The judge denied the motion, convinced by York County Deputy District Attorney Justina McGettigan that the overall testimony could help establish that prostitution was being conducted at Wright’s Zumba studio, which was next door to the pizza parlor.
On Thursday, attorney Natalie Burns from Jensen Baird Gardner & Henry, representing the police department, delivered a letter to the court saying personnel records of police officer Audra Presby, key witness in the case, may have been purged. The letter arrived less than two hours before Presby was scheduled to testify and indefinitely delayed her appearance. Officer Audra Presby, who led the investigation into the alleged prostitution business, is the central figure in Strong’s allegations of police retaliation in the case. Shortly before 2 p.m. on Thursday Judge Mills told attorneys from both sides in the case that Presby would not testify during the afternoon session while questions raised by Burns are investigated.
Mills noted that Burns seemed to suggest in her correspondence that the department’s law firm had been in touch with the district attorney’s office regarding the personnel records as early as Feb. 10, and the judge seemed irritated the Thursday letter represented the first time she or the defense received word of the dispute.
Mills said she did not believe Presby’s personnel records were “confidential” and added that she already ruled they were “relevant” to Strong’s argument of police retaliation in the case.
Court broke on Thursday afternoon and resumed Friday morning.
On Friday the defense pounced on the deletion of files of the lead investigator. Lilly argued “Let’s assume Officer Presby committed a crime and the chief knew about it, all he has to say is, ‘There was no disciplinary action’ and that would be the end of it. That’s the easy way out to hide the file if one were to be cynical about it. What are they trying to protect?And does it trump our rights to discovery?”
In subsequent questioning Chief MacKenzie “admitted that the written disciplinary action that came from the investigation into the relationship between Presby and Higgins is still kept in a file cabinet, even though it has been purged from Presby’s official personnel file.” Lilley requested that document Friday, and Burns said she would produce it for the court. Presby and Higgins will likely be called to testify next week.
Atty. Lilley filed a motion to dismiss charges in part because of continued problems. Defense attorneys are seeking a mis-trial to dismiss all charges against him on the grounds that prosecutors failed to release key evidence before the trial. Judge Mills said she would stop short of saying the prosecution acted in “bad faith,” but said prosecutors were only now releasing key evidence in the midst of the trial that the defense had requested last July. The procedural posture of this case has been somewhat different than she would like.
Questions still arise as to the remaining unnamed suspects who have refused to speak to police.
A motion filed by the Maine attorney general’s office seeks to prevent the public release of the names — which could number more than 100.
“Many suspects have retained counsel and have, therefore, canceled previously scheduled interviews with investigators,” Kennebunk Lt. Anthony Bean Burpee told Maine media outlets Friday. “Many attorneys have indicated they plan to speak with York County Deputy District Attorney Justina McGettigan, who is handling the prosecution of these cases, prior to making a final decision on how best to proceed with cases against their clients.
As of December 21, 2012 64 men have been charged. Another 32 men charged as clients in the case have entered not guilty pleas in writing through their attorneys, avoiding in-person court appearances. The remainder have yet to reach their arraignment dates.
Update of 2-14-13 Freedom of Access requests. FOIA – clarification, February 7, 2013
FOIA response from D.A. Kathryn Slattery, dated February 14, 2013 claiming the remaining suspects have not been charged.
Do you smell something? There may have been a violation of the law by Strong. Yet to be proven. However, it appears that Strong’s evidence against the Kennebunk P.D. far outweighs his violating the law. The DA cannot afford to have Strong’s evidence come out in the public. Not to mention the remainder of subjects not publicly listed…because of deals being made behind closed doors. Attorney Jens-Peter Bergen pled guilty to violating the law – and it’s NOT the first time – but he got caught this time. D.A. Slattery follows closely in the footsteps of former D.A. Mark Lawrence. Which is worse, prostitution or corruption of the officials/attorneys whom we entrust to uphold the law?)
2-15-13
The Maine Supreme Judicial Court upheld a Superior Court judge’s decision to dismiss 46 criminal counts against the defendant. The court agreed that the state had not adequately proven that the elements of invasion of privacy were present and therefore threw out 46 counts of invasion of privacy. There remains 13 counts of promotion of prostitution.
Maine Supreme Court ORDER.
2-14-13
Freedom of Access Act request, December 27, 2012
Second Freedom of Access Act request, January 20, 2013
On January 28, 2013 a response was received to my FOA request to Justina McGettigan, Deputy D.A. from D.A. Kathryn Slattery. D.A. Slattery provided the list of approximate 60 individuals charged. The request was for the remaining 150+ suspects charged.
FOIA – clarification, February 7, 2013
Why is it so difficult to get a response from the District Attorney’s Office to a FOA request? Why will the D.A. not uphold Maine statute and supply the list of the remaining 150+ suspects charged?
2.13.13
There have been many twists and turns in this case. Is this case headed to a selective prosecution and double standard of justice? Judge Nancy Mills scolded defense attorney Dan Lilley for defying a gag order, calls comments to media ‘unfortunate and unbecoming’. Wouldn’t you agree that Attorney Jens-Peter Bergen, who knows, or should know, the law and pled guilty to violating state law is conduct unbecoming an attorney and in violation of BAR rules and professional conduct? He gets away with just a slap on the wrist and still practices law in Maine. This is NOT the only time Attorney Bergen has violated the law.
The trial of Mark Strong Sr has been halted. The Maine Supreme Judicial Court will take up an appeal by the prosecution.
Prosecutors are seeking to have 46 of the original 59 counts against Strong reinstated.
Justice Nancy Mills dismissed the 46 counts related to violation of privacy last week. The prosecutors appealed to the high court and asked for the trial to be stopped until a ruling is issued.
Jury selection for the trial was conducted behind closed doors Tuesday (January 23rd) with the public and the media barred from the proceedings. The Press Herald has filed an objection with the court saying the judge’s decision violates the First and Sixth Amendments. Jurors were dismissed for the day.
Sigmund Schutz, representing the Portland Press Herald appealed the ruling to the Maine Supreme Judicial Court. The jury selection process continued on at the York County Courthouse on Wednesday while awaiting an opinion from the high court on the appeal. Judge Mills resumed jury selection.
On Thursday (24th) jury selection continued behind closed doors over PPH’s objections. The Maine Supreme Judicial Court Thursday afternoon ordered the remainder of jury selection in the trial of Kennebunk prostitution defendant Mark Strong Sr. to be conducted in public. The court, in a 6-1 decision, ruled that Mills should not have barred the public from being present during voir dire, while potential jurors were questioned. Justice Saufley stopped the proceedings because of arguments that the secret jury selection in the case was improper.
The state’s highest court agreed with an appeal filed by attorney Sigmund Schutz, representing the Portland Press Herald and parent company MaineToday Media, that Superior Court Justice Nancy Mills erred by blocking access to questioning of jury candidates.
Justice Nancy Mills dismissed 46 of 59 misdemeanor counts against Mark Strong Sr., a day after the state’s highest court ruled the closed jury selection process had to be opened to the public.
Prosecutors appealed the dismissal, bringing the proceeding to an abrupt halt. Remaining members of the jury pool were sent home Friday, just as they had been the day before.
Trial in limbo pending appeal.
The state’s high court ruled Monday (January 28th) afternoon that the stalled trial can proceed while an appeal of dismissed charges against him is pending. The state Supreme Judicial Court, however, issued an order Monday authorizing the trial judge, Justice Nancy Mills, to decide whether to proceed with the trial with the 13 remaining charges against Strong.
The 46 counts against Strong that Mills dismissed were all for charges of violation of privacy and conspiracy to violate the privacy of Wright’s prostitution customers for recording their encounters with Wright in her Zumba studio.
The defense and the judge aren’t happy with delays in the trial of the business partner in a prostitution scandal at a Zumba studio. Prosecutors aren’t happy, either, after the judge dismissed 46 of 59 charges.
Maine’s highest court will expedite an appeal scheduling oral arguments on the matter for Feb. 13.
Judge Nancy Mills scolded defense attorney Dan Lilley for defying a gag order, calls comments to media ‘unfortunate and unbecoming’. Mills read segments of articles published by the Portland Press Herald and television station WGME-13 as examples of comments made Friday by Defense Attorney Daniel Lilley, in part that prosecutors must “fish or cut bait” and “get off their asses” in a trial that has gone in fits and starts in the past week.
“[Those comments are] just unfortunate and unbecoming for an attorney,” Mills told Lilley Tuesday. “Any further defiances of my order will be dealt with by me.”
Mills said she was alerted to published comments made by Lilley and his client on Monday by York County Deputy District Attorney Justina McGettigan in an email.
Oral arguments before the justices of the Maine Supreme Judicial Court were heard Wednesday afternoon.
Up for the state’s highest court to decide is whether he will be tried on all 59 charges originally brought by prosecutors or just 13 counts of promotion of prostitution.
In a pretrial hearing on Jan. 25, Superior Court Justice Nancy Mills granted a defense motion todismiss all 46 privacy invasion charges against Strong.
Since then, the trial of Strong has been on hold for more than two weeks as a prosecution appeal of that decision has worked its way through the Maine Supreme Judicial Court.
After the law court issues its ruling on the appeal, Strong will return to trial at the Superior Court level on either 13 or 59 charges, depending on whether the higher court upholds or overturns the dismissal of the 46 privacy invasion counts.
On Tuesday, January 15th Atty. Daniel Lilley appeared in Cumberland County Superior Court before Justice Nancy Mills with a request to postpone Strong’s trial, which is scheduled to begin Tuesday, Jan. 22, in York County Superior Court in Alfred. Mills denied that request as well as a motion to change the venue of the scheduled trial.
On Friday morning, January 18th, two hearings were held in Cumberland County Superior Court before Justice Nancy Mills. Open to the public was Lilley’s motion seeking to withdraw from the case. The second hearing, held behind closed doors, was for Strong and prosecutors to discuss possible plea deals with a judge.
Lilley filed a motion to withdraw based on the fact that he hasn’t been paid and the inability to prepare a case against the state’s unlimited resources. States Lilley “it is impossible for me to adequately prepare a case to defend this guy with a lack of resources and the fact that his business was destroyed and he has no income. Because of the publicity in the case, he has serious financial problems.”
Motion to Withdraw, click here.
Atty. Dan Lilley wants off the case.
Justice Nancy Mills denied Lilley’s request to withdraw. “We find ourselves in a ‘David and Goliath’ scenario against a state with unlimited resources, and which has brought most to bear,” Lilley told the court. “The devastation of the charges against my client and his … economic well-being have been substantial.”
Video, click here.
No plea deal for Kennebunk prostitution case defendant. Mark Strong wants a deal with no jail time. To be acceptable to Strong, he said, the penalty “couldn’t be jail time, and it couldn’t be a big fine.” The plea deal talks were held with Justice Thomas Humphrey.
The case is scheduled to begin Tuesday, January 22th. It’s a case that has captured international attention and has been described by the lead defense attorney as an “over-the-top” misuse of government resources.”
Prosecutors witness list includes members of law enforcement and representatives of banks and cellphone companies.
Witness list, click here.
The 18 men who pleaded guilty or pleaded no contest to a misdemeanor charge of engaging a prostitute are among the 66 people who have been charged so far as clients of Alexis Wright and are on the witness list.
Two men plead guilty in prostitution case. As the Kennebunk Police Department and York County District Attorney’s Office prepare for Strong’s trial, the department has temporarily ceased charging alleged clients in the prostitution investigation.
Order on pending motions.
Order concerning media coverage during trial.
And what about these prominent people? How come we don’t know who they are?
Why aren’t they charged along with the others less prominent?
Plea deals are a fraud; it gives power and a great deal of it to the prosecutor. It also by-passes the jury system. ONLY a jury can decide a case (see Constitution of the State of Maine).
The Portland Press Herald’s Freedom of Access requests are answered rather quickly.
FOIA – YORK COUNTY D.A., dated December 27, 2012, no response. A second request will be mailed out.
Favoratism? Protection? Selective?
Do we not find ourselves in a ‘David and Goliath’ scenario against a state with unlimited resources when we are maliciously and selectively prosecuted? When we battle the thefts of our homes/businesses/livelihoods? When parents battle the DHS in the theft of their children? The list goes on!
My concern since the beginning of this case was that we would we see a double standard of justice and selective prosecutions in this Kennebunk case where it concerns public officials/attorneys. Attorney Bergen and his cronies in the City of Biddeford, including Judge Christine Foster, are NOT above the law! This is NOT the first time he violates the law!
As this saga unfolds, the truth of our justice system will be revealed!
1.15.13
Attorney Dan Lilley filed a motion on Tuesday in York County Superior Court to postpone Strong’s trial for at least a month which had been scheduled to begin next week. Lilley’s motion asks for a postponement until Feb. 19 so that he has more time to prepare his defense. York County Deputy District Attorney Justina McGettigan opposes any delay.
Attorney Lilley filed a Motion to Withdraw. “This is all unfolding one week before Mark Strong’s trial is set to begin. The official motion to withdraw was filed at Cumberland County Court Tuesday. Lilley: The bottom line is the person with the most money shouldn’t prevail under our system.”
“The York County District Attorney’s office says it will wait until the motion hearing on Friday to make any comment. The judge could order that Lilley stay on the case at which point the trial will begin on Tuesday (January 22, 2013).”
Lilley states if he stays on the case he “will reveal well known people on the list of accused clients.”
Attorney Lilley filed a Motion to Withdraw because he hasn’t been paid. Judge Mills denied the motion to postpone the trial and another hand-delivered motion to change the trial venue. Mills asked Lilley to prepare a written motion on his request to withdraw from the case and Judge Mills agreed to hear the motion this Friday.
The lead prosecutor in the case, York County Deputy District Attorney Justina McGettigan, presented the judge with a preliminary list of 30 witnesses who have already been subpoenaed for the trial, and questionnaires have been prepared and sent to 250 potential jurors.
Is there a strategic plan in place here?
Why is Attorney Dan Lilley allowed to file motions in Cumberland County when the trial is taking place in York County?
Atty. Lilley filed a motion to postpone the trial. Judge Mills denied that motion, then he files a motion to withdraw because he hasn’t been paid.
Was money not an issue when he filed a motion to postpone?
Lilley states if he stays on the case he “will reveal well known people on the list of accused clients.” Is this a bargaining chip?
1.9.13
Kennebunk prostitution case featured in Vanity Fair. View article, click here.
1.2.13
Justice Nancy Mills denied Strong’s motions to dismiss all charges and suppress evidence and his Request for a Franks hearing. Attorney “Lilley requested what is known as a Franks Hearing, in which he would argue that Kennebunk Police Officer Audra Presby’s written testimony is “reckless” and “misleading … to the court,” and filed an additional motion to throw out that evidence along with other related documents.”
View Order dated December 31, 2012.
Strong’s trial to begin on Jan. 22. Wright’s trial is tentatively scheduled to begin in May.
Attorney Jens-Peter Bergen, Kennebunk and Dale Madore, North Yarmouth pleaded guilty through their attorneys, without appearing in York County Superior Court to face the misdemeanor charges. Bergen also sits on the Kennebunk Zoning Board of Appeals.
Justice Paul Fritzsche fined Bergen $600 plus $130 in fees and court costs, and fined Madore $1,000 plus $210 in fees and court costs.
Why are the fines and fees inconsistent? Why are Attorney Bergen’s fines/fees lower? Why is Judge Fritzsche issuing orders when the superior court judges recused themselves from this case?
“Strong
is accused of conspiring with Alexis Wright to run a prostitution business. But the two are tied together in a lawsuit
by the building’s landlord.” Why won’t the media report on
T&B Inc.’s
ties between the City of Biddeford, Attorney Jens-Peter Bergen and his client and other attorneys, including the York County D.A.’s office?
View the 12.29.12 posted update. Attorney Jens-Peter Bergen is also involved in a conspiracy!
12.29.12
When you keep picking at the “scabs” they’re bound to bleed!
The media is at a near standstill in reporting updates on this case. “The number of alleged johns on the regular blotters has slowed to a trickle as many men suspected of engaging a prostitute have begun refusing to speak to investigators and are wheeling and dealing with the County Prosecutor’s office.” One wonders if the “deals” include keeping their names out of news range.
My concern since the beginning of this case was that we would we see a double standard of justice and selective prosecutions in this Kennebunk case. I maintained updates on this case to educate and inform the public, through my own personal experience, of misrepresentations and double talk by the media, double standards of justice and selective prosecutions. Is it happening? If it looks like a duck, walks like a duck…..
Zumba studio landlord sues alleged prostitute Alexis Wright, click here. “The landlord of the building where Alexis Wright ran her Zumba studio has filed a lawsuit against Wright, seeking $67,800 in damages. In the lawsuit, filed earlier this month, the owner of 8 York St., T&B Inc., says Wright and her business partner Mark Strong, who co-signed a March 2010 lease, breached that contract by not paying rent or property tax contributions. T&B Inc. says it is owed $67,800 in back rent and property taxes, as well as anticipated costs for the remainder of the five-year lease. In the complaint filed in York County Superior Court, T&B Inc., says it terminated Wright’s five-year lease on July 26, 2012. According to the terms of the lease, the company says Wright and Strong are now “liable for the entire unpaid rental and all other balances due for the remainder of the five year term.”
Who is and owns T&B Inc.? Why didn’t the media say who the owner of the building is? Well, here is the scoop on that.
The Maine Bureau of Corporations lists T&B Inc. Clerk/Agent as RALPH W. AUSTIN, P.O. BOX 468 BIDDEFORD, ME 04005 0468.
Department of Secretary of State.
RALPH W. AUSTIN - Woodman Edmands Danylik Austin Smith & Jacques, P.A., 234 Main Street - PO Box 468, Biddeford, Maine 04005-0468.
As owner of the building where ZUMBA classes, or horizontal manbo, took place, I find it hard to believe that Atty. Ralph Austin had no knowledge of the activity taking place in his building for the following reasons:
1) One of the “clients” is a colleague of Atty. Austin – Attorney Jens-Peter Bergen, involved in the theft of Dorothy Lafortune’s home in concert with officials in the City of Biddeford and Biddeford District Court Judge Christine Foster. As with both cases, Atty. Bergen knows, or should know, the law. He chose to commit a criminal or unlawful act that reflects adversely on his honesty, trustworthiness or fitness as an attorney. He chose to represent the owner of a Maine Realty company and aid and abet the theft of my home and aided in the attempt to extort $35,000 from Lafortune. Her persistence in pursuing this fraud against her led to the mysterious disappearance of the case file in Biddeford District Court. She was not afforded the opportunity, consideration and fairness in the reporting of her side of the story. She was not ensured a fair trial. She was maliciously prosecuted when (now former) D.A. Mark Lawrence had her evidence in hand and working with her. She lost her home, removed by a 13 member SWAT team, armed and masked, arrested and charged with criminal trespass upon her own property and thrown out into the street like a wild animal. She most certainly resents the fact that she paid the salaries of these official “scabs” to defraud and “rape” her.
See summary of Criminal Trespass charge.
2) Attorney Dan Lilley claims that Kennebunk Police went after his client as “retaliation” for Strong investigating the department and for his getting too close to facts surrounding the Kennebunk Police department’s unprofessionalism.” Well, retaliation does happen as with the Lafortune case involving the theft of her home by Biddeford City officials Donna Dion and Jim Grattelo (former Mayors/councilor), Atty. Jens-Peter Bergen and his client, (former city solicitor) Atty. Harry B. Center, behind closed doors, and Police Chief Roger Beaupre. Was she getting too close to the facts? You bet!
When the media would not report on the official corruption occurring within the City of Biddeford Lafortune went public by producing and hosting her own public access tv talk show until Mayor Donna Dion and Councilor James Grattelo blacked-out” public access to everyone in order to keep her off the air. Biddeford, I’ll See You In Court.
First Amendment Case – click here, click here.
Officials didn’t want her revealing the corruption within city hall, banks and the court system. Good excuse to steal her home! View the video of the SWAT Team ransacking of her home. They came in for her. Was the ransacking of her home necessary?
3) A FOIA was sent to Atty. Keith Jacques, at the law firm of Woodman Edmands Danylik Austin Smith & Jacques, P.A. Atty. Jacques is the counsel to the City of Biddeford. Requested was the City of Biddeford’s Court Order, accompanied by supporting documents which transferred Lafortune’s claim of right to title to her property to the City of Biddeford and to Tim Q. Ly. No court order exists. See FOIA and Response.
4) Attorney Ralph W. Austin is in the same office as Biddeford City Attorney Keith Jacques. Additionally, attorney Harry B. Center has found his way back into Biddeford through this law firm. View FOIA to Harry B. Center. He did not respond.
Was there retaliation in the Dorothy Lafortune case? You bet!
Are the “prominent” individuals manipulating the situation?
Since the media will not report on this, you can bet the farm that I will! After this post let’s see how the mainstream media reacts. We haven’t heard much for weeks.
Since I know the “players”, I’ve connected the dots to the theft of my property and my business property. Have you?
Will Maine’s Attorney General William Schneider (doesn’t have many days left in office) or returnable A.G. Janet Mills ready to resolve this mess? Is the Maine Commissioner of the Department of Public Safety, John Morris, ready to cease covering the a$$ of the Attorney General?
So goes Maine……
Keep on picking! Keep on picking!
Twelfth man convicted in Wright case.
12.21.12
Today only one more name was added to the list of those charged with engaging a prostitute; a woman who’s husband has been previously charged.
The legal maneuvering continues.
“Police Lt. Anthony Bean Burpee says fewer names are being released because suspects are dealing directly with the prosecutor, eliminating the need for a police summons.”
Do you expect a double standard of justice and selective prosecutions?
Kennebunk Police Blotter.
Two more men charged in connection with the Kennebunk prostitution investigation have pleaded guilty.
Wright’s son will live with the father.
12.12.12
Judge Nancy Mills ruled today that Strong and Wright will be tried separately.
Strong’s attorney, Daniel Lilley argued in court Wednesday that the investigation of his client was flawed from the start and that the case should be dismissed.
York County Deputy District Attorney Justina McGettigan defends police searches in Zumba case.
Defendant Strong’s Motion to Dismiss For Discovery Violations; Motion to Suppress and Dismiss With Prejudice; Orders on State’s Motion to Reconsider, click here.
12.11.12
Two more men have been charged in the case. While the investigation continues, Lt. Tony Bean Burpee said many suspects have retained attorneys who plan to speak with Deputy District Attorney Justina McGettigan before making a decision on how to best proceed with their cases.
Suspects in the case are refusing to speak to police.
Are people using attorneys to manipulate the situation?
Attorney Jens-Peter Bergen, client on the list, had his case transferred to York County Superior Court. Entry of Appearance of Attorney and Jury Trial Request.
Court shields Zumba instructor’s custody case from media scrutiny.
12.5.12
Biddeford District Court was the setting Wednesday, Dec. 5, 2012, for the scheduled arraignments.
Judge Andre Janelle presided over the case.
“Only three men charged with engaging a prostitute in the case appeared in person Wednesday, with attorneys representing the other 18 filing letters with the court pleading not guilty on their respective clients’ behalf ” which included Attorney Jens Peter Bergen. He did not appear in court. Atty. Bergen requested a jury trial and his case was transferred to the superior court. DOCKET RECORD.
“Both Wright and Strong have pleaded not guilty to the charges. Cumberland County Superior Court Judge Nancy Mills has agreed to separate trials for the two, as requested by their respective attorneys, but prosecutors from the York County District Attorney’s Office have filed a motion asking Mills to reconsider her decision and rejoin the two cases.
On Tuesday, Justice Mills ordered prosecutors to provide evidence supporting that motion to the court and defense by Thursday.
That evidence, however, will be sealed from public view at the judge’s direction. The attorneys for the two defendants will have until Monday to inform her whether they will file any written opposition to the state’s evidence.
Strong’s attorney, Daniel Lilley of Portland, had successfully urged Justice Mills to separate the trials, arguing that his client wants a trial sooner than Wright does. He also contended that the charges against Wright are more serious and would make it difficult for Strong to get a fair trial.
If kept separate, Strong’s trial is scheduled to begin in January, while Wright’s is slated to begin in May.”
12.4.12
At least 20 of the alleged johns are due to appear in Biddeford District Court tomorrow, Wednesday, November 5th. Of those charged is Attorney Jens-Peter Bergen.
If found guilty, each man faces a maximum of six months in jail and a $1,000 fine.
Attorneys for Wright and Strong are asking the court to keep their trials separate, while prosecutors from the York County District Attorney’s office have filed a motion to keep the cases joined. Cumberland County Superior Court Justice Nancy Mills has yet to rule on the prosecution’s motion.
Lawyers for nine of the 18 men have requested jury trials in York County Superior Court.
Attorney Jens-Peter Bergen is seeking a jury trial. As of November 30th, the only filing in the court relative to Atty. Bergen is this complaint.
“A superior court justice held a phone conference Tuesday with defense attorneys and prosecutors on whether to try Wright and Strong together at a joint trial or separately. Prosecutors have until Thursday to file more information supporting their argument that the pair be tried together. Defense attorneys then have until Dec. 10 to file a response.”
12.2.12
First alleged ‘johns’ to have day in court Wednesday.
Defense lawyers say they may also call suspected johns to the stand in the Kennebunk case.
Wright and Strong are currently due to be tried separately, but prosecutors have a motion pending to ask a judge to reconsider and try them jointly.
11.30.12
Involved in the theft of my home is one person on Kennebunk’s client list – Atty. Jens-Peter Bergen. As with both cases, Atty. Bergen knows, or should know, the law. He chose to commit a criminal or unlawful act that reflects adversely on his honesty, trustworthiness or fitness as an attorney. In my case he chose to represent the owner of a Maine Realty company, in concert with others including District Court Judge Christine Foster, and aid and abet the theft of my home.
Complaint.
Bergen is scheduled to appear in court on December 5, 2012 at 1:00 p.m.
View update 11-10-12 for more info.
11.29.12
Prosecutors have appealed for a single trial. “Although a judge decided this month to sever the prostitution cases against Alexis Wright and her alleged conspirator, Mark Strong Sr., attorneys are still arguing over whether the two should be tried together. Wright’s attorney filed an objection to counter the state’s continuing attempts to have Wright and Strong tried at the same time.”
Despite the legal maneuvering, Attorney Sara Churchill said all parties are trying to resolve the disagreement.
11.26.12
Updated “Johns” list released.
Police Lt. Tony Bean Burpee said the next bi-weekly police release will be issued on Friday, Dec. 7.
Evidence files given to Zumba teacher’s lawyer.
“Wright’s attorney, Sarah Churchill has until March 26 to file evidentiary motions. Churchill said she doesn’t know whether police were aware, when they began investigating the prostitution case, that they would unearth so much evidence. “It’s unusual for any case to have this much material associated with it,” she said. “Usually, the whole investigation is done before people get charged. But here, it has been this ongoing snowball-going-down-the-hill type of thing.”
“York County Deputy District Attorney Justina McGettigan declined to comment on the case.”
11.20.12
After the release of additional names on Friday, November 9, 2012 a local TV weatherman went public to say his name won’t be appearing on any upcoming list. He wanted to rebut rumors that have upset his family. He went to the station’s news director and told her, “I’d like to set the record straight.” He recorded an interview with one of the anchors of the 6 p.m. newscast, in which he told viewers that the rumors hurt more than just the person they target.”
What I am curious about is that Maureen O’Brien, WCSH-TV’s channel 6 news director, left the station for unspecified reasons 6 days after the station’s longtime weather forecaster went on the air to rebut rumors that he is among the suspected clients of an alleged prostitution operation in Kennebunk. Steve Carter, the station’s president and general manager, would not comment Tuesday on O’Brien’s departure. He would not say why or when she left the position. She “became the station’s news director in September 2008, after working as managing editor for WCSH for five years” which means that she was editor in 2003 when the media did not afford me the opportunity “to set the record straight” in the theft of my home by City of Biddeford officials, in concert with Atty. Jens-Peter Bergen, a client on “the list.” As I’ve said previously, I can sympathize and relate to this person’s concerns and wanting to set the record straight. However, he works at a tv station and has access to a venue to set his record straight, unlike those of us who have been demonized and humiliated by the mainstream media.
“Four men plead guilty in Kennebunk prostitution case. Meanwhile Justice Nancy Mills agrees Alexis Wright and Mark Strong Sr. should not be tried together.”
“None of the men, the first to be convicted in the case, appeared in court; all four were fined. The lawyers for the four men filed appearances in York County Superior Court for their clients and entered guilty pleas on their behalf, court records show.”
The “list” includes many in construction. The trades include realtors, appraisers and real estate attorneys.
The 58 men charged so far include some business professionals likely to have disposable income, such as the president of a savings trust company, a trustee of a local country club, the CEO of a Portland information technology firm, and a senior vice president of capital markets for a Boston-based investment company who is also a financial adviser for the town of Scarborough.
A motion was filed on Nov. 6 by a lawyer representing the Portland Press Herald to unseal two affidavits filed by police. Judge Christine Foster’s ruling in Biddeford District Court upheld her order to seal those affidavits and rejected the motion to make them public. Cliff Schechtman, executive editor of the Press Herald, said he is considering filing an appeal of the judge’s ruling. “Why should these documents be secret? Who or what is being protected?” Schechtman said. “Transparency is vital for the public’s confidence in the legal system.”
Wright’s attorney, Sarah Churchill, said she doesn’t know why the state wants those two affidavits sealed. “It’s a bit unusual,” she said. “Typically, after charges are brought, those affidavits are unsealed.”
“Prosecutors in the case are asking Cumberland County Superior Court Judge Nancy Mills to reconsider her ruling to allow separate trials for Wright and Strong, which attorneys for both individuals had requested.”
“The York County District Attorney’s Office, which is prosecuting the case, has argued in a court filing that a combined trial for both Wright and Strong would not deprive either of speedy trials, as Strong’s attorney argued in his request for the split, and that nearly all charges against the two individuals are interrelated.”
“Mills has yet to rule on the prosecution’s motion. Under the current schedule, Strong would go on trial in January, while Wright would go on trial in May.”
Another concern is selective prosecution. Of the 21 alleged clients who have been charged, one is Atty. Jens-Peter Bergen. As an attorney he knows, or should know, the law. He chose to commit a criminal or unlawful act that reflects adversely on his honesty, trustworthiness or fitness as an attorney. This is not the only time Atty. Bergen chose to violate the law. He chose to represent the owner of a Maine Realty company, in concert with others including District Court Judge Christine Foster, and aid and abet the theft of my home. See update 10.21.12. His client’s attempt to extort $35,ooo (order issued by Judge Foster) gives reason for concern where Judge Foster is involved in his fate. My persistence in pursuing this fraud against me led to the mysterious disappearance of the case file in Biddeford District Court.
Will the court apply the same standard of justice to Atty. Bergen as given to those of us who were charged (unlawfully and maliciously) with criminal trespass upon our own property?
11.13.12
4 more names added to client list.
“Four men pleaded guilty to the charge of engaging a prostitute in the Kennebunk prostitution case earlier this month, and did not have their names appear on the public list of alleged johns released by the Police Department. The men went to court and accepted a plea in the case, paying fines.”
Justice Nancy Mills agreed in a ruling issued Friday that Alexis Wright and Mark Strong will have separate trials. The prosecution had asked in October for the trials to be joined, arguing that the defendants are alleged to have participated in the same act or transaction or in the same series of acts or transactions connected to the alleged operation of a prostitution business. Strong’s case is on the January trial list for York County. ”Wright’s trial has been scheduled for May, although it could be earlier if she does not file any motions.”
11.10.12
“Daniel Lilley, Mark Strong’s attorney, is calling for the police officer investigating his client to step down from the case because she was once accused of sexual contact and abuse of a minor. In his letter, sent via e-mail to Al Searles, the chairman of the Kennebunk Board of Selectmen as well as members of the media, Lilley said, “this is the kind of information” his client Mark Strong was investigating when he was “singularly and suddenly charged with promoting prostitution.”
“In his letter, Lilley claims that Kennebunk Police went after his client as “retaliation” for Strong investigating the department and for his getting too close to facts surrounding the Kennebunk Police department’s unprofessionalism.”
“In a release issued in response to Lilley’s letter, the Kennebunk Police Department said “all matters identified in the attorney’s letter were properly and timely referred to the Maine State Police and the Maine DHHS for investigation, and no wrong doing by anyone associated with the Kennebunk Police Department was found.” “This hypocrisy and selective and retaliatory law enforcement must stop,” says attorney Lilly.
“Strong said his arrest and the police confiscation of his home computers were done in “retaliation” for his investigation.”
Attorney Daniel Lilley accuses D.A. Slattery’s office of mishandling the case, citing its failure to provide him with evidence.
Slattery has been a prosecutor for more than two decades, and has been district attorney since 2010. She succeeded Mark Lawrence, who held the office for eight years.
Most lawyers said it’s unlikely that any men will take their cases to trial and risk additional scrutiny, although some may want to try to clear their names.
Jim Burke, a University of Maine School of Law professor says “One of the problems that the state may have with Justice Mills is she may want to move the case along quickly, and if they’re not ready to move, it may be dismissed.”
New list of 15 men charged in Kennebunk case includes South Portland pastor.
Client list.
On 11-9-12 motions were filed asking for separate trials.
MOTIONS:
STATE V. WRIGHT – MOTION TO SEVER
STATE V. WRIGHT & STRONG – STRONG’S OBJ. TO STATE’S NOTICE OF JOINDER
As the third list of alleged “johns” was released a television weatherman went public to say that his name won’t be on any upcoming list, wanted to rebut rumors that have upset his family and “set the record straight.” He was given the opportunity for a recorded interview with the station’s news director in which he told viewers that the rumors hurt more than just the person they target.
I can sympathize and relate to this person’s concerns and wanting to set the record straight. However, he works at a tv station and has access to a venue to set his record straight, unlike those of us who have been demonized and humiliated by the mainstream media.
My reason for maintaining updates on this case is to educate and inform the public, through my own personal experience, of misrepresentations and double talk by the media, double standards of justice and selective prosecutions. Will this happen? “One of the problems that the state may have with Justice Mills is she may want to move the case along quickly, and if they’re not ready to move, it may be dismissed.” Dismissed?
Attorney Dan Lilley claims that Kennebunk Police went after his client as “retaliation” for Strong investigating the department and for his getting too close to facts surrounding the Kennebunk Police department’s unprofessionalism.” Well, retaliation does happen as with my case involving the theft of my home by Biddeford City officials Donna Dion and Jim Grattelo (former Mayors/councilor) behind closed doors and Police Chief Roger Beaupre. Was I getting too close to the facts? You bet!
I learned that there is an unwritten rule in Chief Beaupre’s Department. That rule “none of his police officers are to speak with me.” Why’s that? They might learn a little about the law, their constitutional duties or maybe a secret about their own chief.
When the media would not report on the official corruption occurring within the City of Biddeford I went public by producing and hosting my own public access tv talk show until Mayor Donna Dion and Councilor James Grattelo “blacked-out” public access to everyone in order to keep me off the air. Biddeford, I’ll See You In Court.
First Amendment Case – click here, click here.
Biddeford Public Access Policy is that one must be a ‘resident’ in order to use the public access tv station. Well, officials didn’t want me revealing the corruption within city hall, banks and the court system. Good excuse to steal my home! View the video of the SWAT Team ransacking of my home. They came in for me. Was the ransacking of my home necessary?
Involved in the theft of my home is one person on Kennebunk’s client list – Atty. Jens-Peter Bergen. As with both cases, Atty. Bergen knows, or should know, the law. He chose to commit a criminal or unlawful act that reflects adversely on his honesty, trustworthiness or fitness as an attorney. In my case he chose to represent the owner of a Maine Realty company, in concert with others including District Court Judge Christine Foster, and aid and abet the theft of my home.
D.A. Slattery, who succeeded Mark Lawrence (the DA who maliciously prosecuted me for criminal trespass upon my own property, was working with me and had my evidence in his hand) is accused by Atty. Dan Lilly of mishandling his case. What about the ‘mishandling’ of my case(s)?
When I ran for public office in 2004 (a special election – I believe I won that election -political and unlawful maneuvers were initiated by Maine legislators and Biddeford Police Chief Roger Beaupre who arrested my campaign members on trumped up charges. Yet Maine’s Secretary of State and Attorney General’s Offices covered up election law violations, as well as a federal offense of tampering with first class mail.
Retaliation? You bet! Where was the media? They wouldn’t touch it.
Why won’t the media give me(us) the same consideration and fairness and report on my (our) side of the story? How about allowing us to “set the record straight” and clear our good names and reputations?
Will we see a double standard of justice and selective prosecutions in this Kennebunk case?
11.2.12
Court documents unsealed in the Kennebunk prostitution case.
News 8′s Meghan Torjussen reports. View video.
State of Maine v. Alexis Wright - October 29, 2012: State’s Report on Taxation Discovery
State of Maine v. Mark Strong - October 29, 2012: State’s Report on Taxation Discovery
10.27.12
Strong’s attorney, Daniel Lilley of Portland, filed a motion with Justice Nancy Mills asking for dismissal. Deputy District Attorney Justina McGettigan filed a response Thursday in opposition to Lilley’s request.
10.26.12
The Kennebunk Police Department on Friday afternoon released the names of 18 additional men charged.
Among those announced Friday as having been charged as an alleged client in the prostitution case was Portland lawyer and former Portland Planning Board chairman Joe Lewis.
Second “Johns” List.
Important Non-Confidential Filings
The complaint for a temporary restraining order was an attempt to avoid a media circus. The complaint was based on constitutional principles of privacy, and the tremendous harm that would occur by the mere mention of people’s names in connection with this case.
Where was the concern for my right to privacy? Why won’t the media report on the crimes and official corruption in this case? There is more to Atty. Jens-Peter Bergen (on the list) than meets the eye. View the video of the SWAT Team ransacking of my home. They came in for me. Was the ransacking of my home necessary? I did recognize the eyes of one of the armed and masked SWAT team – Biddeford Police officer Rick Doyon, a young officer who didn’t know what the 4th Amendment is!
10.21.12
Will we have double talk, double standard of justice and selective prosecutions? Will media reporting be accurate?
York County Superior Court judges recused themselves from the case as there were concerns that York County judges may know some of the witnesses. If there were concerns about York County judges, why assign Judge Joyce Wheeler? She sat in the courts in York County.
Judge Andre Janelle wrote “it is the role of the judiciary to protect the rights of each individual appearing in court and to take measures to insure that a criminal defendant obtains a fair trial.” Why have the courts not been as considerate to others whose rights have been totally violated in Maine courts? Why have others been denied fair trials?
Defense attorneys tried to prevent the public release of the “client list” as the release of names could be damaging to their clients, has “the ability to infect the jury pool, to prejudice people, and to deny them the right to due process and a fair trial.” Why the double standard? Many of us who have been “charged” (with trumped up charges and maliciously prosecuted) have had our names plastered all over the media and irreparably harmed. Why wouldn’t the media report our side of the story?
York County D.A. Kathryn Slattery wants “to ensure the defendants have a fair trial.” That hasn’t been the norm in the York County D.A.’s office. This has an air of “selective” prosecutions.
Of the 21 alleged clients who have been charged, one is Atty. Jens-Peter Bergen. As an attorney he knows, or should know, the law. He chose to commit a criminal or unlawful act that reflects adversely on his honesty, trustworthiness or fitness as an attorney. This is not the only time Atty. Bergen chose to violate the law. He chose to represent the owner of a Maine Realty company, in concert with others including District Court Judge Christine Foster, and aid and abet the theft of my home. Why wouldn’t the media give me the same consideration and fairness and report on my side of the story? Why was I not ensured a fair trial? Why was I maliciously prosecuted when (now former) D.A. Mark Lawrence had my evidence in hand and working with me?
There are many people who have suffered at the hands of official corruption in this state, yet the media will not report our sides of our stories. Sticking your head in the sand will not stop the corruption. Your head in the sand is the “miracle grow” that allows corruption to flourish.
Will the media give us the same opportunity to tell our stories?
10.19.12
A York County grand jury has indicted a Thomaston businessman and a Zumba instructor on numerous counts in connection with an alleged prostitution operation in Kennebunk.
York County Superior Court judges recused themselves from the case as there were concerns that York County judges may know some of the witnesses. Superior Court Chief Justice Thomas Humphrey specially assigned Justice Joyce Wheeler to the high-profile York County case. The lawyer for the Thomaston businessman argued that the case should be dismissed and that Judge Wheeler should recuse herself. The problem, according to Attorney Dan Lilley, is that Wheeler’s law clerk, Jonathan Nathans, is married to Assistant Attorney General Kate Lawrence who is part of the prosecution. Judge Wheeler refused to dismiss the charge and denied a request by both the defense attorney and prosecutor that she recuse herself from the case. Both the defense attorney and prosecutor stressed that they were not questioning Wheeler’s integrity but that they didn’t want there to be any appearance of bias in the case. In his motion to have the case against his client dismissed, Atty. Lilley argued that the failure of the state to provide him evidence it has collected against his client has made it impossible to prepare for trial and his client “is getting killed in the media.”
One week into the case, Judge Joyce Wheeler recused herself, although it’s not clear why she changed her mind. ”A judge does not have to give a reason why and she did not give a reason why,” Mary Ann Lynch, a spokeswoman for the state court system. Wheeler’s order “essentially says she has a reason for bowing out of the case other than the marital relationship between the law clerk and the prosecutor. “ According to Lynch, she did not know why Wheeler had done so. Lilley said he was surprised by Wheeler’s order. “This is all out of the clear blue,” said Lilley.“Why she’s doing it, I guess we’re not going to know. Judges can do what they want, pretty much.”
Superior Court Chief Justice Thomas Humphrey assigned Justice Nancy Mills to the high-profile case. Mills normally sits in Cumberland and Kennebec counties.
A motion was filed by the Maine attorney general’s office seeking to prevent the public release of the “client list.” The Attorney General’s Office took the position that the list should be part of the evidence covered by a protective order, which would restrict its release to only the defense and prosecution. “The state seeks to be respectful of the constitutional rights of persons before they are charged, as well as those who will not be charged,” Assistant Attorney General Gregg D.Bernstein states in his motion.
On Tuesday, October 9, 2012 the two charged, thus far, pleaded not guilty to a slew of charges tied to the alleged prostitution during their arraignments which took place in Cumberland County Superior Court, Portland. ”Atty. Daniel Lilley told Mills during the hearing in Cumberland County Superior Court that a “mish-mash” of documents piled into boxes, as well as a computer hard drive, had been delivered to his office as evidence against his client by prosecutors. But he said he and his associates have struggled to correlate the documents in the boxes with an accompanying index, and have further been unable to access the videos, photographs and other incriminating evidence prosecutors allege are on the hard drive. Lilley based a motion to dismiss the charges against his client on what he described as the state’s inability to comply with the court’s demand to turn over its evidence against his client.” “While District Attorney Justina McGettigan, representing the state in court Tuesday, disagreed that the evidence so far turned over has been disorganized, she acknowledged that prosecutors are withholding some evidence, including a computer in which she said investigators found “markers” indicating the presence of child pornography.”
The case has drawn national attention and is being watched closely in southern Maine, largely because the records that the Zumba instructor allegedly kept on her prostitution clients include more than 150 people, including prominent figures. The list of clients had not been made public at this point, but police have started issuing court summonses to the suspected “johns.”
York County District Attorney Kathryn Slattery issued a rare press release saying her office would not comment on any pending matter, in accordance with state bar rules. “We want to ensure these defendants have a fair trial, which is in everyone’s interest,” Slattery said in the release. “For now, as District Attorney, I am confident that when all the facts are made public, the evidence will speak for itself and the community will possess a full understanding of what happened.”
One day before police were expected to release the names of people charged with soliciting prostitution, Atty. Stephen Schwartz filed a motion for a preliminary injunction to prevent the state or any of its agents from releasing the names of anyone charged as clients or included on “client list.” Schwartz said that the release of the names could be damaging to his clients. “It has the ability to infect the jury pool, to prejudice people, to deny them the right to due process and a fair trial,” he said. “Furthermore, it marks them with a scarlet letter in the community and it appeals to the most prurient interests of people who want to see the list.” Schwartz said the release of the names has a great potential to ruin people’s reputations, families and businesses.
Townspeople have said they’ve heard that lawyers, doctors, law enforcement officials, a television personality and other well-known people in town are included in a detailed clientele list police found.
On Friday, October 12, 2012 it was reported that “a state judge declined to block the release of names of men accused of giving business to a fitness instructor charged with running a prostitution operation out of her Zumba fitness studio.” Based on that information, Kennebunk police began issuing summonses to the” johns” on misdemeanor charges of engaging a prostitute. The first batch of names were to be released Friday in police activity reports that are made public every other week, said Lt. Anthony Burpee.
But a lawyer for two of the men believed to be on the list asked a judge on Thursday to issue a preliminary injunction preventing the release of the names. District Judge Andre Janelle quickly rejected the motion for a restraining order and a preliminary injunction to stop the release of names. The three-page order was signed by the judge and filed Friday in Biddeford District Court.
“While it is the role of the judiciary to protect the rights of each individual appearing in court and to take measures to insure that a criminal defendant obtains a fair trial, the judiciary’s role in protecting a defendant’s rights does not extend to shielding the identity of an adult criminal defendant who has been charged by criminal complaint and summoned to appear in court,” Janelle wrote.
Schwartz asked Janelle to stay his order while he appeals to the Maine Supreme Judicial Court. He also filed a suit against Maine State Police Chief Robert Williams, Kennebunk Police Chief Robert Mackenzie, York County District Attorney Kathryn Slattery and state Attorney General William Schneider.
Stephen Schwartz said his appeal to the Maine Supreme Judicial Court represents the last best hope for his two clients to prevent the names from becoming public.
“We think there’s a really important principle at stake here: These people are presumed innocent. Once these names are released, they’re all going to have the mark of a scarlet letter, if you will.” Schwartz says his clients would suffer irreparable harm personally and professionally.
The Editor of the York County Coast Star decided the paper will publish the names of those charged in Kennebunk prostitution case as the police blotters are a matter of public record. ”For the paper, which regularly runs police blotters, there is a legal issue if we choose not to run them, as well as a question of fairness: what makes it OK to print the name of someone charged with OUI but not with engaging a prostitute? At the Star, we didn’t come to the decision to print the names of those charged lightly. We understand there are many in the community who would prefer we not print the names at all, out of respect for the family members and friends of those involved. As we’ve heard rumors and fielded some angry questions in recent days about our decision to publish the names, we wanted to address some of those concerns directly.”
The Coast Star, along with the Portland Press Herald, filed an objection with the court over all the records being sealed, indefinitely, in this case. Justice Nancy Mills herself said that transparency in the court system trumps the need to keep sealed many of the records in this case.
The Star believes that printing the names of those charged with engaging a prostitute is the fair thing to do to help set the record straight and put to rest the ugly rumors that continue to circulate throughout town.
There are people in this community who have had their names dragged through the mud for months because people believe they are on the list. Many, if not all of those people, all of them men, may not even be on the list of alleged clients. How will innocent people clear their names if those who are charged with crimes are kept secret? Do they spend their lives living under a cloud of suspicion at the cost of protecting those who allegedly committed a crime?
The legal maneuvering in attempts to stall the possible release of the first batch of suspected clients’ names and the last-minute desperate attempts to persuade judges to block the public release of “the list” has only heightened the curiosity of town residents who have heard that the list of could include lawyers, law enforcement officers and some well-known people. Along with these delays, the Kennebunk Police Department decided not release the names of people charged with being clients of an alleged Kennebunk prostitution operation until the state high court decided on an appeal. However the appeal was withdrawn and a new complaint in Superior Court where Superior Court Justice Thomas Warren denied a motion for a temporary restraining order filed by the attorney for two of the alleged “johns” to prevent police and prosecutors from releasing the names of those issued summonses for engaging a prostitute. Warren disagreed that a temporary restraining order would not adversely affect the public interest, as the lawyer for the two plaintiffs had argued. ”The principle that court proceedings are public is essential to public confidence,” Warren wrote. “If persons charged with crimes could withhold their identities, the public would not be able to monitor proceedings or observe whether justice has been done and to observe whether certain defendants may have received favored treatment.”
A list of 21 names of suspected “johns” was released by the Kennebunk Police Department, but the names have no addresses or ages. This has caused much confusion and anger. Without addresses or ages the identities of the men can’t be determined for sure, and at least one local man, whose name is the same as a man on the list, is furious.
Superior Court Justice Thomas Warren’s
order releasing names alone compounded the harm in this prostitution case. “In his attempt to give victims a little bit of cover, he has exposed everyone in the state with a similar name to some heavy scrutiny. If Warren had at least released the names, ages and hometowns of the summonsed men, innocent ones would be protected from undeserved embarrassment.”
The Kennebunk Police Department released the names with the middle initials of 21 men who were issued summonses in the wide-ranging prostitution case.
Three police detectives are working full time going through the evidence seized in the investigation of an alleged prostitution business, with the probe expected to continue for a few more months. Lt. Anthony Bean Burpee of the Kennebunk Police Department said he does not know how many people will end up being charged with engaging a prostitute as a result of the investigation. The 21 names have been issued summonses. At least one defense attorney has stated that 150-200 johns might be involved in the case, but Bean Burpee said he does not know how many are being investigated or how many might end up being charged.
Of the 21 alleged clients who have been charged, one is a lawyer from Kennebunk — 54-year-old Jens W. Bergen, according to Kennebunk police.
Jacqueline Rogers, executive director of the Maine Board of Overseers of the Bar, said Wednesday that there are bar rules that attorneys must adhere to or face possible disciplinary action. She said that no action would be contemplated against any attorney unless that person was convicted. Lawyers in Maine must register each year and are required to inform the Board if they have been convicted of a crime. She said some attorneys self report when there have been convictions and sometimes the court will inform the Board. She said any action against an attorney would depend on a conviction. Rogers said she cannot recall the Board having to deal before with any attorney convicted of engaging a prostitute. The Board assists the Maine Supreme Judicial Court in handling complaints against attorneys.
Rogers also pointed out that the Maine rules of professional conduct state that a lawyer could be disciplined for misconduct for committing “a criminal or unlawful act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.”
Kennebunk Police spokesman Lt. Anthony Bean Burpee said the agency would include future names of people issued summonses in the case in the regular bi-weekly press releases that the agency sends out. The next release is expected to be sent out Friday, Oct. 26.
Related:
Summonses are being prepared for more than 150 people, including prominent figures
This blog will be updated as the case unfolds. Check back often.
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