State of Maine v. D. Offense: Gross Sexual Assault

Offense: Gross Sexual Assault, Class A, 32 Counts; Unlawful Sexual Contact, Class C, 33 Counts

Maximum Sentence: 30 years with respect to each Class A Count; 5 Years with respect to each Class C Count; (a total of 1,125 years)

Client was exposed to the possibility of consecutive (stacked-up) sentences if convicted of multiple counts, and being required to register as a Sex Offender.

Synopsis: Client came home from work to find the local police waiting to arrest him for Gross Sexual Assault and Unlawful Sexual Contact and a belief that he was in possession of Child Pornography with respect to a family member. Prior to this time, client never knew that any allegations existed or that he was a target of an investigation. After successfully obtaining bail for client, the defense team mobilized to begin independent investigation into the multiple count sex crime and child pornography allegations. A defense of the case was developed following the receipt of the Government’s discovery package, and an independent investigation into town records, work records, banking records, real estate records, and family records were used to prepare for trial. The defense team also reviewed all of the Government’s documents used to support the allegation of a sex crime to develop lines of cross examination to test their truth and discredit them. At trial, the family and local police department lined up against client, client did testify on his own behalf.

Verdict: Hung Jury after several days of deliberation; defense team then filed a motion to dismiss all counts, which, after a full hearing, was denied. Prior to client being re-indicted, a plea to 1 Count of Simple Assault with credit for the time he served when initially arrested was accepted by the Court.