A General Practice Law Office aggressive Representation Civil Litigation Criminal Defense Real Estate Conveyances Business Law Family Law Personal Injury Civil Rights Litigation Bankruptcy Service in defense as both lead trial counsel and associate counsel in numerous murder/homicide cases, major drug trafficking cases, robbery, sexual assault cases and other jury tried felonies, often highly publicized. Includes oral argument before the Maine Supreme Judicial Court on many appeals. These include cases in which the Defendant prevalied notwithstanding counsel having been jailed in the middle of trial for overly aggressive conduct, and won at trial level even when the Jury came in with a guilty verdict.Civil experience including large and small personal injury cases, construction and other contract cases, employment litigation, state and federal discrimination, civil rights, sexual harassment hostile environment cases; veterans right cases; trial and appellate counsel in numerous domestic relations cases, including divorce and child protective services; also real estate title, foreclosure and surveying litigation, and estate litigation. Lead counsel in many personal injury civil torts cases, including medical malpractice, automobile liability and slip and fall litigation.Served as general counsel to two major County Comprehensive Employment Training Programs administering over $39 million of federal funds, successfully defending both agencies against First Amendment, Due Process and other wrongful termination actions. Served as Hearing Officer in numerous grievances.Successfully enjoined U.S. Department of Labor in U.S. District Court from axing the Maine Disabled Veterans Outreach Program. And most recently State Prison from preventing mail from religious volunteers. In short, a lifetimes commitment to the challenge, pain, joy and variety of the general practice of law.
OVERVIEW: Trial court did not err in failing to apply a newly enacted statute in entering divorce judgment and awarding spousal support, because the order was entered before the date on which it could be modified; thus, the statute could not apply.
Trial went on two weeks. The State immunized and got two witnesses who turned on the Defendant during trial. Despite objections, continued fight, and appeal the conviction was upheld. Criminal defense is largely a matter of plea bargaining or if a satisfactory plea is not offered or appropriate going to trial often against great odds (or else why would the State charge and proceed to trial rather than drop the case?). The persistence and ability to fight hard and persistently and the spirit to battle and not to fear trial despite tough odds is most of what it takes to be a real defense lawyer. While you may get beat and others who take easier cases may do little but look good, the joy is in fighting hard against the odds.
Wrongful Death
Civil Rights action for denial of civil rights and wrongful death of inmate and failure to protect inmate, $500,000 settlement. Guard walked by and said "You can do better than that" as he hung there.
Sex Crimes
The Defendant Robert Whitmore on February 11, 2009, after four day second jury trial was acquitted of eight counts of Gross Sexual Assault and eight counts of Unlawful Sexual Contact. This brought to a close a five year saga, in which his conviction after trial in 2003, affirmed by the Law Court in 2005 (despite uncorroborated testimony of the five year old alleged minor victim), was vacated on post conviction writ, brought by present counsel, by Trial Justice Nancy Mills in 2007, the relief being affirmed in 2008 on appeal to the Law Court. The Retrial was noteworthy because it turned on the testimony of a child witness who was six years old at the first trial and twelve years old at the second trial. Video interviews from the initial investigation, not played to the jury at the first trial were played at the second trial and witnesses who had lived in the home of the Defendant during the time period of the charges, not called at the first trial were called in the second. Also the question whether the child witness had been influenced by her grandmother, a Jehovah's Witness, to speak negatively of the Defendant, a Baptist, was raised. The Defendant testified at the new trial which he did not at the first. The case was noteworthy for a number of legal points: Although the alleged victim testified that the Defendant told her after each sexual act not to tell anyone, the Defendant was denied introduction of reputation testimony by Wally Staples, pastor of his Church, as to his reputation for veracity among 60 parishioners. Further Hannah Pressler, Registered Nurse Practitioner, Spurwink, testified under oath that notwithstanding the twelve year old victim testifying at second trial that the Defendant repeatedly put his penis inside her vagina, and Pressler's finding that was no sign of trauma, these things are not contradictory because twelve year olds in her experience often do not know the details of sexual intercourse. Mr. Whitmore spent three years in jail before during this period.
Robbery
Service in defense as both lead trial counsel and associate counsel in numerous murder/homicide cases, major drug trafficking cases, robbery, sexual assault cases and other jury tried felonies, often highly publicized. Includes oral argument before the Maine Supreme Judicial Court on many appeals. These include cases in which the Defendant prevalied notwithstanding counsel having been jailed in the middle of trial for overly aggressive conduct, and won at trial level even when the Jury came in with a guilty verdict.
Burglary
Defendant was charged with flashing a badge at two people who came onto the remote woods surrounded property next to his property and telling them they were trespassing, and could be charged with burglary. One of them was in the house which Mooers said the door was closed and locked to before. He admitted he had a Tombstone Badge in his Wallet. Mooers is a former State Trooper who quit because he was asked to lie by his boss many decades ago. But he had collected memorabilia, badges, etc for years and was proud of his background. After being out for two days, during which one person overheard them nearly coming to blows, the jury came back hung. What purpose this prosecution served except to show someone does not like the Defendant for some personal reason is hard to figure.
Theft
Drug Crimes
State v. Jack Vogel, Kennebec Superior Court, 2010. Two Class A Arson Charges. Defendant Acquitted after trial. Trial was held Before Justice Mills, jury waived. The Defendant suffers from multiple commitments for ADHD, PTSD and Paranoia. He was charged with setting a fire in the attic. His cotenant upstairs said she heard and saw j\Jack come down the stairs right before the fire. He was also accused of setting a fire three days before which he had found and put out. Jack unfortunately had on several occasions threatened to burn the place down. The upstairs neighbor was granted immunity from prosecution from drug charges to testify against him on anything that happened the day of the last fire when she was using heroin. She took the Fifth Amendment on questions about any other day that had to do with her two years of drug use, like where did you get the drugs, what was the cut, how strongly addicted are you? The prosecution theory, amply fueled by a miserably unfair Reid Technique style interrogation of the Defendant was he was jealous or angry at the neighbor and set the fire because she rebuffed alleged sexual advances. He denied this vigorously. Against counsel's strong opposition based on the U.S. Supreme Court case, Van Arsdale, and the right to confront, the court refused to allow defense counsel to crossexamine her about drug dealing and use of heroin or other drugs except and only on the day of the fire and still let the neighbor testify about what she wanted. The Court relied on State V Johnson, a 2010 Maine Supreme Court case, which allows restriction of cross exam on collateral matters. It is amazing and bad lawr that the Court refused to disqualify the alleged eye witness' testimony even after she took the Fifth Amendment on many questions. However, even though the Justice allowed her to testify selectively and curtailed the right to confront, the Court found her testimony not to be credible. Jack testified even though he had threatened to torch the place because it was a dump, he has never set and would not set a fire. Barry Bolan, Jack's counselor, testified about jack threatened all kinds of things but they were symptoms not real threats.
Assault
OVERVIEW: Trial court properly excluded expert testimony of victim's personality disorders that defendant sought to use to impeach victim's testimony, as offer of proof was insufficient to show that the disorders impacted victim's ability to tell the truth.
Murder
OVERVIEW: Most of the alternative suspect evidence proffered by defendant was simply too speculative to be admitted. If the issue of admissibility of a letter from an alternative suspect opining that the victim might be dead had been preserved, it still would not have been admissible under Me. R. Evid. 804(b)(3), because unavailability was not shown.
Probation Violation
Ms. Mador, ADA, notwithstanding the acquittal, demanded three years time on the probation violation if the Judge found Schmidt by the lower standard of proof had committed Arson. The Justice found no violation and particularly found credible one Cathy Ivey's testimony. She had overheard the Defendant's sister talking at the Galley Restaurant where she admitted her son's involvement and her involvement in the crime. The same sister later threatened in a phone call that Ivey's house would be next and there would be nothing but ashes left. She knew where her sister and mother lived. Ivey stated she attempted to report this to both the Fire Marshall and through counsel DA and they disregarded it. He also found credible the testimony of Chris Ivey who testified she had over heard the prosecution's main witness make statements about how particular persons and friends of hers had caused the fire. Two other independent witnesses reported conversations that the same particular persons and friends had caused the fire. Another witness, one Josh Nessius, stated that he had overheard the Defendant's sister and others wondering what would happen when they learned that her son and her significant other had started the fire. He also stated that within hours of his reporting this to the fire Marshall, Paul the nephew called him saying Pat had told him everything he reported.
Homicide
Arson
Geoffrey Rushlau, Esq the District Attorney for this County is reported to have stated to the press of the Acquittal of Henry Schmidt of Arson charges that "We were disappointed with the jury verdict but we accept it. We know of (no credible) evidence that points to another suspect." Although learned, the career prosecutor's perspective, from defense counsel's perspective has little evidence to support it.
Served as general counsel to two major County Comprehensive Employment Training Programs administering over $39 million of federal funds, successfully defending both agencies against First Amendment, Due Process and other wrongful termination actions. Served as Hearing Officer in numerous grievances.
Employment Discrimination
After 12 and 1/2 years successful sales service, 70 plus year old laid off due to slower sales during past year when he suffered drowsiness from medicine for treatments he was getting. When herbal drugs arrived new manager would say you got your Viagra and repeatedly said all people over 75 ought to be shot. It was all very funny but devastating to Joe to be fired. Happily he got a new sales job across the Street and is Salesman of the month. Age Discrimination suit brought and a Settlement reached - confidential but in a suitable amount. A wrong was righted for a good man and salesman.
Employment Litigation
Civil experience including large and small personal injury cases, construction and other contract cases, employment litigation, state and federal discrimination, civil rights, sexual harassment hostile environment cases; veterans right cases; trial and appellate counsel in numerous domestic relations cases, including divorce and child protective services; also real estate title, foreclosure and surveying litigation, and estate litigation.
Minor settlement $690,000 recovery for growth plate injury and broken ankle. This two year long case involved a trampoline injury when more than one minor was jumping on the trampoline at one time. The Plaintiff, a nine year old, suffered an injury requiring his ankle to be rebroken and operated on twice to equalize growth of the legs. The settlement took into consideration available home insurance, which the jury would not hear, and other assets, and that the defendant was a relation of the victim. The defendant refused to settle until shortly before trial.
Medical Malpractice
Lead counsel in many personal injury civil torts cases, including medical malpractice, automobile liability and slip and fall litigation.
Disability Discrimination
Successful age and disability discrimination suit, prevailed before Maine Human Rights Commision, sued in State Court, removed by defendant to Federal Court, and after depositions and ready for trial, was settled for substantial sum (amount confidential) in Judicial Settlement Conference. Defendant MaineGeneral Hospital hired 23 year old with no experience and laid off 57 year old with good performance evaluations for over 25 years in Information Technology Department in reorganization.