News
Newsletter, August 2008
The hot, humid weather that Maine experienced over this past July 6, 7,
and 8 was an eerie reminder of the terrible days twenty years ago when
Sarah Cherry's young life was viciously and horribly ended, and when
Dennis Dechaine's long nightmare began. May Dennis's filing of a motion
for a new trial under Maine's revised DNA statute, which will have
occurred by the time you received this newsletter, mark the beginning
of the final phase in his long fight for exoneration. And may it bring
the true killer of Sarah Cherry one step closer to facing justice.
*****
Dennis sent us a letter asking that we share it with his supporters;
here it is:
Dear Friends,
As I anxiously await an appeal under the revised DNA statute, I take
stock of my good fortune. Were it not for the support of family,
friends, and concerned citizens it would be far more difficult, if not
impossible, to appeal to the courts for a reversal of my wrongful
conviction. I am thankful to all of you for your support and grateful
that your fight for justice in my case has helped me maintain my faith
in humanity. As difficult as this ordeal has been and continues to be,
I
have never been abandoned or felt alone in my battle to correct an
injustice. My gratitude knows no bounds.
You'll be pleased to know that I am in good hands. I have Steve
Peterson
for an attorney, a capable jurist who is supported by the experienced
staff of the Innocence Project in
provides support only in DNA cases. The demand for their services far
outstrips their resources, giving me cause to be thankful that these
good people are in my life.
No matter how difficult or discouraging my judicial experience, I find
comfort by simply counting the blessings in my life and my greatest
blessings are people who care enough about justice to fight for it.
Thank you for giving me that priceless gift.
Dennis
**********
On July 21, despite short notice, over thirty supporters gathered in
Whitefield's picturesque Arlington Grange Hall for a potluck supper,
and
a general get-together, up-date, and discussion. Members were urged to
write
letters to newspapers -- even if not published, they are read by the
editors. Several members volunteered to work on arranging a fund
raising
bike ride for this fall -- anyone reading this who would be interested
in
helping or participating should contact Bill Bunting at
bunting@midmaine.com
who will put you in touch with those folks.
Documentary filmmaker Richard Searls took some footage of the gathering
for possible use in the film he is producing about the Dechaine case.
The Board of Directors also held their annual meeting, in which Bernie
Huebner of Waterville was
elected to replace Steve Young, who resigned due
to the press of other obligations. Bernie is a retired English teacher
and also
sits on the board of the Maine Civil Liberties Union. He has actively
worked on issues relating to civil rights in for many years, and
brings a strong voice for justice to Trial & Error.
We wish to thank the members of the Arlington Grange for the generous
use of their splendid hall; also Master of the Grange Charlie Miller,
and Ed and Mary Emerson -- all members of T & E as well -- for
their
kind help.
*****
Trial and Error's persistent questions about official actions in
Dennis'
case moved Attorney General Rowe to create a commission to review the
case. This might have been his biggest mistake so far.
That commission reported "no official misconduct" but refused to
provide
any facts to support that conclusion. Maine's highest court held that
the commission had a right to keep that secret.
Maine newspapers greeted the commission's "no official misconduct"
report as if were gospel from on high, but now they're starting to
wonder about all these secrets.
The Kennebec Journal wrote: "Government accountability was dealt a blow
last week when Maine's highest court in effect said the public cannot
see records of an investigation related to a highly controversial
murder
case."
The Brunswick Times Record wrote: "Bureaucratic protectionism won out
over public interest on Tuesday when the Maine Supreme Judicial Court
ordered that the details a three-man panel's exploration of misconduct
in the 1989 murder trial of Dennis Dechaine should remain sealed.
Government transparency and Mainers' right to know how their business
is
conducted suffered another significant setback. . . The gist of
Tuesday's split decision holds that the panel does not meet a four-part
test to establish it as a public entity, in part because the
Legislature
did not authorize its mission. Therefore, the group's working papers
are
not subject to the Freedom of Access Act, despite the fact that retired
U.S. Magistrate Judge Eugene Beaulieu and attorneys Charles Abbott and
Marvin Glazier undertook the study at the behest of Attorney General
Steven Rowe.
"Such legal legerdemain might conform with the fine print in textbooks
used at the Maine School of Law, but it completely subverts Rowe's
stated goal of restoring public confidence in the trial that resulted
in
Dechaine's conviction for the 1988 murder of 12-year-old Sarah Cherry
in
Bowdoin. Outside the musky atmosphere of a courtroom, it looks like
another attempt to cover government officials' backsides with red tape."
Lucy Martin of the Lincoln County News wrote: "Secrecy wins again, and
it's nothing to be proud of."
Officialdom, sometimes in the form of law enforcement, sometimes as
state prosecutors, now as the Maine Supreme Court, has decided the
public doesn't have the right to know details of the findings of a
panel
appointed by the state Attorney General. . . . Rowe acted to defend his
office against allegations of wrongdoing in investigations and court
proceedings that led to the 1989 trial and conviction of Dennis
Dechaine
for the murder of 12-year-old Sarah Cherry. Dechaine is serving a life
sentence in state prison. His supporters, organized as Trial and Error,
made the allegations. . . . In a democratic system of government,
predicated on openness and fairness to all, how does a shut door
advance
public confidence in the institutions that are supposed to serve and
safeguard the citizenry? It's been said that ignorance never resolves a
question. The questions surrounding this case, or any other instance
where officials dispose of evidence, or are perceived as losing,
concealing or mishandling evidence, will not go away.
Professor Dan Kennedy of Northeastern
University bestowed one of
his
Muzzle Awards on AG Rowe, and wrote, "Rowe's censor"ous action, now
certified by the state's highest court, makes a mockery of open
government.'
Several Maine newspapers
and the Boston Globe published an Associated
Press article reporting that commission member "Beaulieu had yet to
read
the opinion and said it would not be appropriate to comment on it. When
asked why it was important to keep the documents under wraps, the
former
judge said all three panel members agreed to that policy and he didn't
feel that he should speak for all of them."
The Portland Press Herald
even published an article I wrote saying, in
part, "Having combed the attorney general's file numerous times, I can
tell you this: There is no evidence there disproving misconduct."
"The most the commission could possibly have relied upon is a string of
lame excuses and mealy-mouthed 'explanations' by the implicated
officials themselves.
"If you think that's worth much when the hard evidence documented in
court records and the attorney general's own files proves them wrong,
you probably believe that O.J. Simpson was innocent and the Duke
Lacrosse players raped that exotic dancer…. The commission didn't
dispute any of that evidence. Not the documents proving that detectives
testified falsely at Dechaine's trial about so-called confessions, nor
evidence that the prosecutor concealed evidence and misled the jury.
"They didn't dispute the court's denial of Dechaine's pre-trial request
for DNA testing, or the post-trial tests showing some other man's DNA
in
the blood under Sarah Cherry's nails, or proof that the state
incinerated more DNA evidence shortly after Dechaine filed an appeal.
"'Qua tacit consentire' is a legal maxim meaning 'silence betokens
consent.' In legal terms quite familiar to those three attorneys, this
suggests that they consented to the evidence proving the allegations.
"They just don't think that giving false testimony, hiding evidence,
destroying evidence or lying to legislators and others about Dechaine
having 'confessed' constitutes misconduct. The officials did those
things, but so what?"
So hey, let's hope T&E members will have the courage and
determination
to demonstrate their support for Dennis by writing more letters to
newspapers and legislators. While avoiding any personal attacks on
those with whom we so strongly disagree, let them know that many
Mainers want a new trial for Dennis - one where a jury hears ALL the
evidence. And let them know we're not going to fade away.
*****
Weld Henshaw's letter to the Times Record Editor, January 11, 2008
To the editor:
Over the years I have found it utterly astonishing that our state has
been so tenacious in clinging to the myth that Dennis Dechaine was
fairly convicted of the murder of Sarah Cherry 20 years ago.
For some time now, we have all known that vital evidence was concealed,
ignored or not known when Dechaine was convicted. Without any lengthy
rehash - which could not in any event improve on the superb work of
James Moore, William Bunting and many others - just focus on the
undisputed fact known now, but not at the time of trial, that the blood
of a male other than Dechaine was found under the fingernails of the
victim.
Add to that the undisputed fact that there was no DNA on or about the
victim that links Dechaine to her.
Finally, consider that there were a number of known sexually violent
offenders in the general area, none of whose DNA has been compared to
the DNA under Sarah's nails. Dechaine has no history of any sexual
deviance or violence.
It is unlikely that if Dechaine were granted a new trial, he would ever
be retried, not because evidence has been lost, but because new
exculpatory evidence has been found.
I am a Harvard Law
School graduate who had a
law practice, including
trial law, for almost 40 years in Massachusetts.
Shamefully, I have kept
my silence on this because the trial judge was a close friend of mine
since 1963, and Maine
has an absurd practice of having the trial judge
retain jurisdiction of criminal cases even when his own actions and
rulings are under scrutiny.
Some things must transcend friendship, and justice is certainly one of
them.
To those who knew and loved Sarah Cherry, I urge them to consider that
-
aside from the fact a man was unfairly convicted for the crime - the
state of Maine very
likely has the evidence it needs to find and convict
the real murderer. This is not a case of harmless error.
Weld Henshaw,
Brunswick
*****
Jon Lund's unpublished letter to the editor of the Bangor Daily News in
February, 2008
To the Editor,
In his Feb. 2 piece regarding Dennis Dechaine's conviction, Emmet Meara
writes that when he covered the trial as a reporter, he was convinced
of
Dechaine's guilt.
There is important evidence that the jury did not hear and of which Mr.
Meara is unaware or chooses to ignore. Sarah Cherry was brutally
mutilated and murdered and most likely tried to defend herself. Tests
have now shown that the DNA material removed from her fingernails were
not Dechaine_s but came from some other male. The jury didn't hear that
evidence, and Mr. Meara does not try to explain it away. If the jury
had
been told of the DNA evidence, they might have reached a different
verdict.
If you did the crime, would you request DNA testing? Dechaine's
attorney
did request DNA testing, but the presiding judge denied the request.
Moreover, additional evidence in the form of a rape kit in the
possession of the Attorney General's office was destroyed after
Dechaine
filed an appeal. DNA testing of that evidence could have confirmed the
other DNA findings.
All over the United States, DNA evidence is demonstrating that innocent
men and women have been wrongly convicted of crimes by courts and
juries, and the numbers are shocking, especially in the state of Texas.
But here, in Maine,
where we are proud of our fine court system, we
choose to close our eyes when DNA evidence points to judicial error.
This writer prosecuted crimes, including homicides, as Kennebec County
Attorney, served as chair of our Criminal Law Revision Commission, and
served as this state's first full-time attorney general.
I do not know whether Dennis Dechaine is guilty or innocent, but I do
not believe he received a fair trial, and that is what we are supposed
to provide in this state.
Jon Lund
Hallowell
*****
Bernie Huebner's letter to the editor of the Waterville Sentinel --
adding another $1,000 to Jim Moore's challenge:
For years Trial and Error and Brunswick retired ATF agent James Moore
have alleged serious misconduct by the state in the 1989 murder trial
of
Dennis Dechaine.
Yet the AG's hand-picked panel instructed to assess the merits of five
of the allegations chose only to say, in effect: take our word for it
(e.g., "What happened with regard to the notes was fully explained to
us, and we find the explanations to be satisfactory"). More
telling is
that Moore's standing
offer of $1,000 to anyone who can document a
substantive
falsehood in his presentation of the evidence of official misconduct
still has no taker.
Maybe Moore's $1,000 isn't
enough. So I'll add another $1,000. That's
$2,000 to anyone who can point to a single substantive falsehood in the
presentation of allegations of official misconduct. For example,
when
we say the state's own files show criminal investigators lied on the
trial stand, someone needs to show that this is not so. Surely,
if
Moore and T&E members are only misguided fools, it should be both
easy
and lucrative to prove.
I'll even sweeten the offer with the following promise: if someone can
show where we've misrepresented the facts, I'll resign from the board
of
directors of T&E and never write another letter to the editor about
the
case. The $1,000 would cost me, but having to fall silent in the
face
of a miscarriage of justice as serious as this would hurt more.
Bernie Huebner
*********
Five years ago several criminal justice students at the University of
at Augusta asked administrators if they could invite Jim Moore to
speak. They
reported that they were told that the Dechaine case "was too
controversial
for a university campus." Happily, if at long last,things are changing.
In
recent months students in one class at UMA participated in a debate over
the case, while Jim spoke to a class studying legal ethics in the
Criminal
Justice Department. And at the University of at Orono, Jim spoke to an
honors
class about evidence of official lying in the case. In all three
instances
students were responsible for initiating the idea of studying the
Dechaine case.
**********
All who knew Pat Christopher, of Hallowell, co-chair of the Augusta-area
chapter of Trial & Error, are saddened by her recent death. Pat was
a very
good soul. As a former county employee, she had served Dennis his first
meal
after he arrived at Lincoln County Jail after he had been arrested, and
never forgot the scared and bewildered look on his face. She doubted his
guilt even then. She became a passionate advocate for Dennis, always
wearing
her Dennis Dechaine button the better to spark conversations about the
case.
She put copies of Human Sacrifice and State Secrets in the hands of many
people, some of them occupying high positions in state government. We
shall
miss her very much, and shall not forget her.
*****
In closing, I would like to express the importance of your support.
It is only through your contributions that we may continue to fight for
justice. You may donate funds through our website at, www.trialanderrordennis.org
and use the pay pal icon or send your contributions to Trial and Error
C/O Carol Waltman PO Box 153 Madawaska Maine 04756.
Once again, and most importantly, we thank those of you who have
recently sent in very generous contributions. By your generosity,
please know that further forensic testing and forensic experts will not
be a burden but possibilities and reality for the best we can afford.
Please feel free to copy this newsletter and hand it out to anyone you
may
know who gives a hoot about justice and the freedom of an innocent man.
Thank You for your continued support!
President
Carol Waltman
carol@trialanderrordennis.org
Directors:
Steve Sandau
ssandau@gwi.net
Bill Bunting
bunting@midmaine.com
Don Dechaine
Don.mur@nci1.net
Bernie Huebner
bhuebner@roadrunner.com
Newsletter, December 2007
Greetings Folks,
It’s been a while since we have been in touch, partly because we were
waiting to see how things would settle out for Dennis' legal
representation. As you may or may not know, Michaela Murphy was
nominated for Associate Justice on the Maine Superior Court. That means
that she is unable to represent Dennis, of course.
Michaela's co-counsel in Dennis' case, Steve Peterson of W. Rockport,
has agreed to take over legal representation for Dennis. His next goal
is to file a motion for a new trial in the next 10 months. This motion
is possible because of the amendment to Maine's DNA law that passed
last
summer. Steve has an excellent reputation as a defense lawyer, and
Dennis is pleased that he's taken him on.
Jim Moore's Infamous FOAA Suit
The Superior Court judge bought the opposition's argument and ruled
that
AG Rowe's commission didn't have to comply with the Freedom of Access
law because they weren't an agency of the state.
Jim Moore appealed the case to the state's Supreme Court and filed an
extensive brief. Then, due to Bernie Heubner's efforts, the Maine Civil
Liberties Union filed excellent amicus curiae (friend of the court)
brief in support of our position.
Attorneys for Rowe's "three distinguished lawyers" have filed their
briefs, so the matter now rests with the Supreme Court. We don't know
yet whether they will request oral arguments, or simply decide the case
on the basis of the briefs filed by both sides. It will probably be a
few months before we have a decision.
MCLU Claims Court Order Damages Freedom of Access Act
Public Entities Should Be Subject to Public Scrutiny
FOR IMMEDIATE RELEASE
September 28, 2007
Contact: Shenna Bellows, MCLU, (207)774-5444
Portland- Public awareness of government proceedings is an issue of
critical importance, according to a motion filed by the Maine Civil
Liberties Union yesterday in the Maine Supreme Judicial Court. In
the
case of Moore v. Abbott, the trial court found that records from an
investigation by a special panel appointed by the Attorney General do
not qualify as public records and are not subject to Maine's Freedom of
Access Act (FOAA). According to the MCLU motion, that opinion
narrows
the scope of the FOAA and disregards established precedent. The
MCLU is
requesting leave to participate in the appeal as amicus curiae – or a
"friend of the court" – urging that the trial court's opinion be
overturned by the Supreme Court.
"This case is about the public's right to know what the government is
doing," said Shenna Bellows, Executive Director of the Maine Civil
Liberties Union. "If the Attorney General convenes any panel, about any
issue of public importance, the public has the right to information
about the proceedings."
The records in question were created by a commission of three lawyers
convened by the Maine Attorney General to investigate possible
prosecutorial and law enforcement misconduct. The investigation was a
matter of public interest and therefore the records should be made
available to the public.
"The attorneys appointed by the AG were doing the work of the AG, and
therefore they are subject to the same transparency laws as any other
body performing government functions," said Sigmund Schutz, MCLU
cooperating attorney with Preti, Flaherty, Beliveau and Pachios.
"The
court order, unless overturned on appeal, creates a template by which
public officials can dodge Freedom of Access laws by transferring their
work to committees outside the scope of the Freedom of Access Act."
The Maine Civil Liberties Union filed a motion in court yesterday
moving
for leave to file an amicus brief and participate in oral arguments in
the case.
A Day at the Common Ground Fair
Submitted by Nancy Farrin
Once again, Trial and Error set up a booth in the Social/Political tent
at the Common Ground Fair in Unity, Maine. The fair ran from
Sept.
21-23. Trial and Error members manned the booth on the various
days. I
had the pleasure of sharing booth duty on Saturday, Sept. 22 with Lloyd
Ferriss and Lila Carter. We spent the better part of the
afternoon at
the fair, arriving at 11:30 AM and leaving at 5:00 PM.
Typically Saturday is the busiest day of the three-day fair. This
year
was no exception. Hundreds of socially conscious fair goers
passed by
our booth. It was so encouraging that not one person stepped up
with
negative comments. Over and over folks said how surprised they
were
that Dennis was still in prison. Most assumed that the DNA
evidence had
exonerated him back in 2004. Amazingly, there were those who had
never
heard about Dennis case. Many bought books, gave donations, took
the
handouts to read, and promised to write letters to Legislators,
newspapers, and the Attorney General. We talked to mothers with
infants
on their hips, grandparents, teens, college students with political
aspirations, the sister of a retired judge, and even a Maine House of
Representatives member who felt if Dennis was to be tried in court
today
he would be acquitted.
In spite of standing for hours and talking until we were hoarse, it was
a great day! Thank goodness for Lila and her scrumptious cream
cheese
and olive sandwiches, cookies, and bottled water to keep us
going! Only
the future will show the fruit of our efforts. You just never
know
where one contact may lead or what impact it may have in helping to set
Dennis free!
Fundraising
There is an ongoing fundraising effort that began with 20+ $100
donations from various Trial & Error members to be matched by $10
gifts
from others. There are still lots of matches for new $10 donations, so
please keep them coming in. It's easy and simple, and only $10. You can
even send $10 to Trial & Error via PayPal. See
http://trialanderrordennis.org/fundraising.shtml and look for the
PayPal
link.
The current total is around $5,700. It would be wonderful if we could
make it to a total of $10,000 or more. Take a few minutes and send a
little bit of money to help Dennis out. Nobody in Trial & Error
gets
paid, and most of us don't even ask for reimbursement for expenses. The
money really does go to help Dennis.
A special “Thank You” to all who have supported us in this fundraiser
to date,
your donations are greatly appreciated and will be used wisely for
further
investigations and expert witnesses for the next legal steps in filing
for a new
trial. We are now at the most vital stage of the case since we only
have until
Sept 2008 to file for a new trial. All donations are vital so we
may get the
best expert witnesses that our money can get. This will likely be
Dennis’s
last chance to bring experts to stand in his defense. Without your
support,
justice would never prevail!
Donations should be sent to Trial & Error, c/o Carol Waltman, P.O.
Box
153, Madawaska, ME 04756. You might as well do it now before you
forget.
And it is tax-deductible, too!
The next best thing to donations is sending letters to the press.
Please help
us keep the case alive by writing. It may take only a few minutes
to do so,
for Dennis, it could be a lifetime!
Get a show on your local cable network
How about getting your local cable network to air Pete Sirois' "Maine
Social
Justice" program about Dennis is a good way to help publicize Dennis'
case further.
According to Jim Moore: Basically, the law says any citizen of a town
can have anything aired on the public access channel. The process is
handled in each town by some town official -- ask at town hall who's
responsible for programming. They have a form that must be signed by
the
film's producer and by the local resident wanting it aired.
Two need-to-know facts:
1 -The town or cable company cannot legally refuse to air anything
(except porn); and
2 - The local town official responsible for public access programming
can and must give you all the necessary details.
*****
Waldo County Citizen Opinions
Dennis Dechaine: Imprisoned farmer dreams of nonprofit respite farm
By Jean English
LINCOLNVILLE (Aug 10): Last summer, a review copy of "Human Sacrifice,"
by James P. Moore (second edition, 2006, $15, Blackberry Books, 617
East
Neck Road, Nobleperson, ME 04555) arrived in the mail.
I set it aside, not really wanting to read about the horrific 1988
murder of 12-year-old Sarah Cherry, but since the book was published by
Maine poet Gary Lawless, I opened it … and read it cover to cover
through the night.
Several points that Moore makes in his fascinating work cast doubt on
Dennis Dechaine’s guilt and cry out for a fair trial. (Dechaine has
been
in the Maine State Prison since 1988, serving a life sentence for the
murder of Cherry.)
Knowing that Dechaine had been a farmer, I wondered about his farming
experiences, how he dealt with his removal from nature in prison, and
what he would do if released — if DNA and other evidence that was not
allowed in his original trial is ever thoroughly considered by the
state. (See trialanderrordennis.org.)
I interviewed Dechaine on Feb. 10, 2007, at the state prison in Warren.
Dechaine worked on the Christopher Farm in Bowdoinham off and on while
he was in college, then worked there with his wife, Nancy, for a year
after college. Then they rented a farm until they had saved enough
money
to buy their own place in Bowdoinham.
The Dechaines began growing and marketing various Maine and New England
products. Their 24-acre farm came with a beautiful post-and-beam barn
and a farmhouse, where Dechaine recalls his morning ritual of sitting
on
the front porch drinking coffee and watching the barn swallows.
Then the workday began, day after day, and progressed into an annual
rhythm with the repetition and variation familiar to diversified
farmers. The couple grew bedding plants (flowers and vegetables) and
hanging baskets in a Harnois greenhouse for the spring garden trade.
They bought in and sold thousands of geraniums. Field-grown pansies
that
they potted brought good money, and welcome color, early in the season.
Once the soil warmed, they grew the highest-value row crops they could,
and bought crops that were more lucrative to buy and sell than to grow
at the time.
"I bought the highest-value food that had a farmer's face associated
with it," said Dechaine. The sweet corn that lured his early market
customers, for instance, was harvested at night under halide lights in
Connecticut; hydro cooled, loaded onto a truck and was in Dechaine's
walk-in cooler for the next market day. "I filled that cooler every
day," he recalled.
Crops were sold at a farm stand on a farm the couple rented for that
purpose in Brunswick. With a 35-year history, the farm came with a
ready
customer base, so it was a great addition to their Bowdoinham
operation.
They also sold to Shaws, and to a market Dechaine really enjoyed:
Bowdoin College.
As the season progressed, the couple's dig-your-own perennial business
took off. They grew perennials as row crops, weeding them with an Allis
Chalmers G tractor and Buddingh cultivator, and customers did the
digging and hauling.
"The landscapers loved us," Dechaine said. He soaked the soil before
plants were dug, and landscapers and home gardeners could dig plants
that had large, wet root balls, even in summer, without having the
plants go into shock. The Dechaines bought in loam to replace removed
soil, and then planted another crop.
The perennial business "was a nice operation," he said. "We didn't use
any plastic pots. We provided people with cardboard flats and charged
depending on the age of the plants: $3 for a one-year-old plant; $4 for
a two-year-old; $5 for a three-year-old." The latter might be a
6-foot-tall delphinium — a great bargain for the customers and a good
income for the farmers.
The off-season never really arrived at the farm. The winter before
Dechaine was imprisoned, he and Nancy sold more than 3,000 Christmas
wreaths, creating gift boxes with the wreaths encircling maple syrup
that they bought in Northern Maine and bottled themselves; their own
homemade jam; and honey that they purchased. Their most fruitful
advertising outlet, The Christian Science Monitor, attracted many
corporate accounts.
They continued selling maple syrup into the spring, and then the
pansies
came on again. They also raised chickens and rabbits for meat.
Dechaine used integrated pest management and adopted organic ideas as
they matched his production systems. Raising red wiggler worms was his
favorite project. "I raised them in bunkers made from cinder blocks,
about three blocks high and 3-5 feet long. A couple of bins gave enough
worm castings for our needs. We filled the bunkers with organic matter
—
rabbit pellets, recycled peat products, kitchen waste, grass clippings.
Then we seeded the worms. It's a great way to quickly convert organic
matter into immediately usable fertilizer. We used it in potted plants,
mostly in hanging baskets, and the quality was exceptional."
They added a couple of fistfuls of the castings to each hanging basket
and more to larger planters and window boxes. A population of worms was
over wintered in the cellar each year, ready to reseed the bunkers the
next spring.
When the organic insecticide Bacillus thuringiensis came on the scene,
"I remember being so excited about it," said Dechaine. "It did a
beautiful job." [Most of this product has since been co-opted by the
genetic engineering industry.]
"I miss the ideas," Dechaine lamented, recalling "talking into the wee
hours of the night about the possibilities with my wife. What would be
more fun, more profitable? It was so exciting!"
Dechaine's business success helped earn him a spot as one of five
delegates (three U.S. citizens and two Canadians, accompanied by a trip
leader) to India with Rotary International. "We traveled all around
Uttar Pradesh exchanging knowledge and views with fellows in our fields
— everything from insurance to agriculture. We visited agricultural
research stations and universities. We visited fields where I could
bury
my arm in humus. They were more serious about maintaining the integrity
of their soils. What do you teach someone who has two feet of humus in
their fields? I came away far more respectful of other cultures."
That respect extended to the Hindu idea of the sacred cow, one that
Dechaine had not previously understood. The people "were so
impoverished; they would work the day for food, while cows roamed all
over the place." He soon realized, however, that the cows were eating
the refuse that people threw in the street; that cow paddies were used
as fuel; that every morning children chased and stripped out the cows,
getting a cup or so of milk ("that was a very important part of their
diet"); and leather from naturally-deceased cows was used. "They were
so
sacred," Dechaine learned.
While visiting Pantnagar University, Dechaine saw "the most beautiful
Brahma bulls I've ever seen. They were breeding them and releasing them
into the population to breed, so that the quality of cows would
increase." He says that now, with increasing urbanization in India,
these sacred cows are becoming problematic because they aren't
contained.
If Dechaine had been farming for the past two decades, he'd doubtless
be
one of Maine's leading horticulturists by now. His knowledge,
enthusiasm, energy and business acumen (he has a two-year degree in
agricultural business management, as well as a four-year degree in
French literature) made him a very successful farmer right from the
start.
Separate from the world
The Cherry case, however, focused on Dechaine as the only suspect in
the
murder. Moore's book details the case and the circumstantial evidence
that sent Dechaine to prison. Moore also discusses the reasons for the
Dechaines' divorce. (All proceeds from the book support Trial and
Error,
the group supporting Dechaine.)
Now, Dechaine reflects: "When you live close to the earth, you feel
part
of nature. In this concrete environment, you're separate from the
world."
He thinks he tolerates the "chronic, monotonous grind" better than
most,
"because I have gardens inside my head." Still, "I miss trees so much —
including specific individuals that I came to love. It's a barren
environment here." The prison is built into ledge, with primarily
annuals and perennials growing in its landscape so that the view will
not be obscured.
When the prison was located in Thomaston, it had flower gardens inside
a
courtyard. "It was a relief for me to see such beauty in contrast to
such a stark environment," said Dechaine.
Then one year the flowers disappeared. "An inmate had used the potting
shed and flower beds in an escape attempt," so they were removed.
Dechaine rallied the staff and got this decision reversed — and ended
up
growing the flowers at Thomaston, despite the lack of budget and the
terrible shape of the soil.
He contacted Maine growers and suppliers, and "the prison was flooded
with generosity beyond what I could imagine; so we had stunningly
beautiful ‘Barth' daylilies inside a prison. I bet we had some of the
finest roses in Maine — donated by the Rosarie at Bayfields and Royal
River Roses of Yarmouth [both out of business now]. ‘William Baffin'
was
one of the most stunning," Dechaine remembered, but even this zone 3
variety was killed two years ago during an open winter. (Some of the
plants from Thomaston were stored by Cooperative Extension and
transplanted to Warren when the prison moved.)
They grew irises donated by Currier McEwen of Harpswell. Other
donations
came from Allen, Sterling & Lothrop, Johnny's, Pinetree Garden
Seeds,
local nurseries and Fedco — which donated so much that it arrived on a
pallet.
"When I called Fedco to thank them," Dechaine related, an employee
"explained that Fedco Seeds' primary purpose was to improve the
community — and what community needed more improvement than the prison?"
The facility at Warren now has a budget for herbaceous ornamentals and
a
30x50-foot Harnois greenhouse where plants are started. "The guys who
work on that do a fantastic job," said Dechaine, who now works in the
upholstery shop. "They had to take blasted rocks out by hand. It was a
monumental task that impressed me so much. The current crew grows such
beautiful beds," enriched with manure from the farm at the Bolduc
Correctional Facility down the road from the Supermax.
The food is not so beautiful. "At the old place we got a lot of food
from the prison farm. Sugar-snap peas, snow peas, zucchini, squashes,
potatoes, tomatoes … We rarely see these items any more. We've been
eating instant potatoes for two years because of crop failures." He did
ask a warden for permission to exercise his agricultural trade at the
Bolduc Unit of the Maine State Prison, but his request was denied.
Dechaine figured he'd have needed two tractors and a crew of five to
grow food for the entire prison population (currently around 875
inmates).
"This prison is at the apex of the institutional food supply," Dechaine
continues. "A burger represents the DNA of several hundred cows or
more.
The quality [of the food] is low. It travels great distances from
corporate farms, usually. It's put through the national distribution
channels, so it makes it difficult to eat locally grown stuff. We are
part of the global economy. We are the beneficiaries, or the victims,
of
the institutional food system. Anything you can do with corn [such as
products made with corn syrup] shows up in a prison. It's not good for
you. This is hard to deal with when you've grown your own food."
Hopes for a future
Dechaine reads Farm Show Magazine, which he said is "loaded with
business ideas, farm contraptions. I used to do my own welding;
tinkering was a big part of my agricultural life. I get so excited [by
new ideas for equipment]."
His one big idea, if he is released, is to start a nonprofit respite
farm for people who have been wrongfully convicted, a place where they
can recover from their wounds. The current prison release system, he
notes, "is abysmal. When your sentence is up, you go out the door with
$50. There's no preparation whatsoever. If you lost track of your
family
and friends, there's no way to take care of yourself."
Of about 875 inmates at Warren, some 150, including Dechaine, are
employed by the Maine State Prison in its industries program; with
diligence, these people can save enough money to improve their chances
of success upon release.
A respite farm would fill that void for some. Former inmates would be
close to nature; they would be able to do productive, meaningful work
and experience the excitement of farming, said Dechaine, while they
heal. He pictures the farm to be diversified, with row crops,
greenhouse
crops and possibly fish farming integrated with the greenhouse crops.
He'd like the farm to be a showcase and information clearinghouse for
energy self-sufficiency.
Leeches are one of the more unusual crops he'd consider. "Leeches are
being used to reduce scarring in burn and accident victims," he says,
because they draw blood to the surface of the skin, hastening healing
and reducing or eliminating scarring. He believes the pharmaceutical
crop would be lucrative.
While leeches may find a place on the farm, Dechaine would draw the
line
at genetically engineered pharmaceuticals.
"People should be able to harvest their own seed," he believes, in
opposition to biotech corporations that require farmers to buy new seed
each year and prohibit them from saving seed. "Genetically engineered
stuff is over the top. I'm not sure they know the ramifications yet."
For now, the respite farm is a dream for Dechaine. The current effort
to
release him is focusing on increasing the public's awareness of his
case
and understanding the evidence, while Dechaine's attorney works on a
motion for a new trial based on DNA evidence.
This article was published in the Citizen. Jean English is a freelance
writer and editor.
*****
Other late breaking editorials
Here is the link to read the latest editorials that have been recently
published on the FOAA lawsuit.
http://www.trialanderrordennis.org/articles.shtml
Or you may clink the links below to go directly to the articles
Kenebec Journal, Nov 21 2007
http://morningsentinel.mainetoday.com/view/columns/4492775.html
Bangor Daily News Nov 20 2007
http://bangornews.com/news/t/news.aspx?articleid=156730&zoneid=500.
Portland Press Herald Nov 20 2007
http://pressherald.mainetoday.com/story.php?id=149120&ac=PHedi.
Portland Press Herald Nov 19 2007
http://pressherald.mainetoday.com/story.php?id=149055&ac=PHnws
The Phoenix October 10 2007
http://thephoenix.com/printerfriendlyB.aspx?id=49014
More articles may be read in our website, click on the link to get
updated.
Newsletter, June 2007
Hi folks, we know it's been awhile, and we appreciate your patience. It
has
been a slow period, but at last enough items have accumulated to get a
newsletter out.
This coming July, Dennis will have been imprisoned for nineteen years.
That is longer than many actual murderers serve in Maine, and yet Dennis
committed no crime. His fortitude, strength, and wisdom inspire wonder
in
us all.
Trial of Errors Video
In February, Pete Sirois of Madison, Maine, interviewed Bill Bunting,
Jim
Moore, Bernie Huebner, and Steve Sandau for a program called "Trial of
Errors -- the Dennis Dechaine Case." Pete is the independent producer of
the "Maine Social Justice" series shown on various local cable
television networks.
This show is a 55-minute segment exploring the question of whether or
not Dennis Dechaine received a fair trial in 1989. The group discusses
the facts in the case and how the prosecutor managed to get a
conviction.
Pete has kindly allowed Trial & Error to distribute this video, and
make
it available to local cable networks for showing. There are instructions
below to let you know how you can have this video aired on public access
cable in your town. (This has to be done by town rather than by cable
provider.)
Getting a Trial & Error Video on Public Cable, by Jim Moore
Basically, the law says any citizen of a town can have anything aired on
the public access channel. The process is handled in each town by some
town official -- ask at town hall who's responsible for programming.
They have a form which must be signed by the film's producer and by the
local resident wanting it aired.
Two need-to-know facts:
1 -The town or cable company cannot legally refuse to air anything
(except porn); and
2 - The local town official responsible for public access programming
can and must give you all the necessary details.
You may tell them that Pete Sirois' film already contains the required
"this station is not responsible, etc." disclaimer.
So this is how you can get the Pete Sirois video on your local cable
channel. If you need a DVD copy of the program, email ssandau@gwi.net
for a copy.
Bill and Rae's Excellent Adventure at the Innocence Network
Conference, by Bill Bunting
Representing Trial & Error, Rae Duval and I attended the Innocence
Network Conference held at the Harvard Law School March 23-25.
Since T & E - sadly - is one of the oldest wrongfully convicted
advocate
groups in the country, we thought that we should participate. We went
to learn, to make contacts, and last but by no means least, to tell
Dennis's story. We think we made progress on all counts.
There were 350 attendees, mostly lawyers and law students. It was
exciting and affirming to be in the midst of so many obviously
intelligent and energetic people dedicated to righting and preventing
wrongful convictions.
For a moment or two I even questioned the course of my life, and
wondered if I should have gone to law school instead of . . . . but
then I snapped back to reality with the realization that the cause of
winning justice for Dennis Dechaine was every bit as important as any of
the injustices these very impressive people were working to correct.
And besides, I probably would have flunked out.
Also attending were 50 exonerees. There were a number of closed sessions
for them, reflecting the recognition that freeing a wrongfully convicted
man from prison does not solve all of his/her problems, nor end
society's
debt to him/her.
Among the dozens of general sessions -- as many as five were held at
any one time -- that we had to select from were those covering topics
such as False Confessions, Journalism & Innocence, Wrongful
Convictions
and Forensic Science, Challenges in Eyewitness ID Reform, DNA (both
Advanced and for Dummies), and so on. There were also plenary sessions
for the group as a whole. Opportunity for networking came at meals and
receptions.
This was a national conference with folks from all across the US, and
some from Canada. Next year it will be held at San Diego, so it was a
rare opportunity for us Mainers. Wrongful conviction is clearly a
widespread problem, and the only reason that Maine has had no exonerees
yet and was not better represented is not because we are better than
other states, but, quite the opposite, because we, as a state, refuse to
admit that wrongful convictions can happen here. Indeed, Dennis's case
shows that not only is Maine not better than most other states, but is
among the most backwards.
On that note, lawyers with whom we spoke almost found it impossible to
believe that the Maine AG's Office incinerated hair and the rape kit
shortly after Dennis had filed an appeal. Or that there has been such
poor
overage in the Maine press regarding Dennis's case.
And as to Jim Moore's suit against the members of AG Rowe's commission,
not one lawyer I spoke with believed that the AG and his people did not
know that the commission, by law, was a public agency liable to FOA
laws. They were convinced that these officials, who are in fact
responsible for overseeing compliance with sunshine laws, took a gamble
that no one would blow the whistle. Thanks to Jim Moore, they bet wrong.
Probably the most entertaining of the many speakers we heard was Victor
Garo, the small-town lawyer from Medford, MA, who took on the FBI and
the federal government and fought for 31 years to win the exoneration of
Joseph Salvati, and others, who were convicted of murder even though the
FBI knew they were innocent but chose to say nothing in order to protect
informers who helped them win cases and get more publicity and also more
funding. He continues to be harassed by the federal government, and the
FBI is now trying to prevent a Stephen Spielburg movie being made of the
story.
Garo and other members of that panel said that it was a mistake for
defense lawyers to concede the media to the prosecution, and that
damaging coverage in the media should be challenged and corrected.
Joan Griffin, a young Boston lawyer, spoke on successfully challenging
some of the most traditional and established assumptions re: ballistic
testing by using -- for the first time -- truly scientific testing. She
said that it turned out to be an advantage to be a woman: Because
women, unlike men, don't have to pretend that they know everything
(or anything) about guns, and therefore are free to ask "dumb" questions
that turn out to be very important.
John Lentini, an arson investigator, revealed that many long-accepted
procedures for detecting fire origin -- including ones he once used --
have now been shown to have had little or no scientific basis. As a
result, many convicted arsonists have been innocent, and at least one
has been executed. In Texas, of course.
(Incidentally, Lentini told me later that he found ATF agents to be the
most professional law enforcement people that he worked with. Jim Moore,
of course, was an ATF agent.)
Both Griffen and Lentini spoke of the disastrous influence that
so-called "experts" who are not properly challenged can have over
juries. (Fingerprint and handwriting "experts" are particularly suspect,
especially when they ask the lawyer hiring them which side they are
representing!)
Rae attended a presentation on funding. Funding, it turns out, is a
major problem for groups such as ours -- one suggestion was to get a
rock star interested in your cause. However, we would ask that people
interested in achieving justice for Dennis not wait for a rock star, but
take some individual initiative. Many shallow pockets can be as powerful
as one deep pocket.
Remember, all of us who pay taxes in Maine have, for nearly 19 years,
been helping to pay the costs to keep Dennis in prison, to protect the
careers of officials who screwed up, and -- lest we forget -- in effect,
to protect the real killer from prosecution. We have an obligation to
help to balance the scales. As little as a $10 donation from everyone
who reads this newsletter and believes in Dennis's cause can add up to a
significant sum.
Rae and I drove home exhausted but excited. There is no place in Maine
with the energy and intensity of Harvard Square, which is both good
news and bad news. We made a good team in that Rae actually enjoys
driving in crazed traffic (and cut off kamikaze cabs with aplomb), while
I was able to provide free accommodations with a very hospitable cousin.
For two Mainers who rarely go south of Portland it was quite an
adventure, although the tragic travesty of justice that brought us
there --
Dechaine -- was never far from our thoughts. Bill
And a note from Rae Duval: It was a privilege to meet so many people who
care enough to do the right thing. It was an honor to meet some of the
exonerees - men, who when they smile, the smile does not erase the
sadness
in their eyes. And those gut-wrenching moments strengthen my resolve to
help. Won't you join us? Rae
A Special Trial & Error Matching $10 Donations Fundraiser
The function of Trial & Error is to educate the public about the
case, and
to provide as much financial support to Dennis's defense team as we are
able to. There are ongoing investigations which T & E has been
paying for.
Although Dennis's lawyers are court appointed (which in Maine is about
the
same as working pro bono, i.e., for free) and the Innocence Project has
underwritten DNA testing, T & E pays for publications, tapes, dvds,
and the
investigations by the defense team's detectives, and also expert witness
fees, travel, and lodging costs. One hundred percent of the money
contributed to Trial & Error is used to pay direct costs of
Dennis's case -
involved members pay for all of their own expenses incurred in this
effort.
Dennis's defense team has two years from the date the new DNA law took
effect (Sept of 2006) to go back to court and it needs financial help to
ready his case. To that end, Trial & Error is asking for your help
- a $10
donation.
To "get the ball rolling," regularly active T & E members have
challenged
each other to match donations. Each member who accepts the challenge
agrees to match ten $10 donations.
Doesn't seem like much? When 10 people donate $10, that's $100. A Trial
&
Error member has agreed to match those donations - and $100 becomes
$200.
When one hundred $10 donations are matched - $1,000 becomes $2,000.
All donations will be posted on the "Fundraising" page, unless you
request to
remain anonymous. So far, there are over 20 matching contributors.
Jim Moore
Bill Bunting
Bob MacLaughlin
Rae Duval
Genie Nakell
Nancy Farrin
Libby Harmon
Bernie Huebner
Sue Pastore
Bev & Bill Gallant ($50 each)
Carol Waltman
Phil Dechaine
Lori Levesque
Steve Sandau
Ludmila Tutunaru & Diana Huot ($50 each)
Frank & Harriett Dechaine
Ross & Judy Paradis ($50 each)
Jennifer Bunting
John Hewey
Lloyd Ferris
George Christopher
JoAnne Moore
David Berry
Please makes checks out to - Trial & Error - and send donations to:
Trial & Error, c/o Carol Waltman, P.O. Box 153, Madawaska, ME 04756
Or, you can make a contribution through the "PayPal" link on the "What
You
Can Do" page.
If you would like to join the matching contributors by agreeing to
match ten
$10 donations (a $100 donation), please let us know so that your name
can
be added to the list, or listed as anonymous (T & E will
appreciatively accept
donations of any amount.)
Please share this fundraising event with others. The pebble in the pond
effect can be amazing. Thank you.
Jim Moore's Report on his FOA Request
It's been more than eight months since this all began. On August 21,
2006, Attorney General Rowe announced that his commission to review
Dennis's case reported its "satisfaction" that there had been no
official misconduct in connection with the state's investigation and
trial. The commission members did not say what led them to this amazing
conclusion. Considering the evidence we had uncovered among documents
in the Attorney General's files, the commission's conclusion seemed
ridiculous.
So on August 30, 2006, I sent a letter to the AG and each member of the
commission making Freedom of Access request for: all notes, records,
emails, correspondence, reports, transcripts, minutes, recordings,
photographs, files, vouchers, receipts, interoffice and intra-office
memoranda, and any other communications and documents, written or
electronic, relating to your inquiry into allegations of misconduct,
etc.,
concerning the investigation and prosecution of Dennis Dechaine.
On September 7, 2006, the Office of the Attorney General responds to the
FOA request; the response consisted of a few letters from the Office of
the
Attorney General to the members of the commission and to retired
detective
Al Hendsbee.
No member of AG1s commission acknowledged the FOA request. They simply
ignored it. On September 13, 2006 I sent a letter to commission members
repeating my FOA request.
Still receiving no response from any commission member, on September
30th
I filed suit in Superior Court to compel their compliance with the FOA
law.
The commission's first move was to file a motion asking the court to
dismiss
the lawsuit on technical grounds. Judge Crowley rejected that motion. On
May 1st, I received copies of briefs filed on behalf of the "three
distinguished
lawyers" who formed the commission, along with an affidavit by one of
them
and an affidavit by Deputy Attorney General Laura Pistner. The
commission
members are represented by attorneys of their own. They are claiming
that
they were not an official agency of the state and, therefore, are not
subject to
the Freedom of Access law.
All briefs have been submitted to the court. The court clerk tells me a
notice will come out in June scheduling a hearing for July. After that,
the judge makes a decision. After that (assuming we win) I have no idea
how long the AG's commission can delay in coughing up their files, but
August 30th will make it a full year in our effort to uncover whatever
(if anything) the commission of "three distinguished lawyers" found to
justify their report claiming no official misconduct.
So, that's where we stand.
Wish me luck.
Jim
Possible Changes in New York's DNA Law
The governor of New York wants to change the NY DNA laws.
If Gov. Spitzer of New York State gets his wish, it will become easier
for convicts in New York to get court orders to test their DNA against
DNA in their cases.
It will also be easier to have DNA in those cases tested against the
expanded New York DNA database. According to the governor: "This
legislation will help us bring the guilty to justice and exonerate
those who
have been wrongly accused."
The story above is but one of many of late regarding DNA and wrongful
convictions in America. As many of you may have read, the Innocence
Project recently succeeded in freeing the 200th wrongfully convicted
inmate by means of DNA evidence. Dennis was one of the IP's first
clients,
and the IP remains actively engaged in his case.
It is now the one year anniversary of the passing of Maine's revised DNA
statute, thanks in very large part to the leadership and tireless
efforts of
former Rep. Ross Paradis, with help from many other concerned folks.
While the law that emerged from the legislature was far less inclusive
than
the bill that Ross had proposed, it will serve to get Dennis back in
court for
one more shot at justice. The coming year will be critical to Dennis's
future.
Not to nag, but contributions have never been needed more than now.
All contributions to Trial & Error are tax deductible.
Thank you all for your interest and support,
Carol Waltman
President of Trial & Error
October, 2006 newsletter
Revised DNA statute went into effect
September 1
Dennis & lawyers now have two years to file a motion for a new
trial based on the DNA evidence under the new statute.
The report of the Attorney General's
Commission
In 2004, the Attorney
General created a commission and charged it with
investigating five specific “allegations of prosecutorial and law
enforcement misconduct concerning the trial of Dennis Dechaine for the
1988 murder of Sarah Cherry.” This year, the commission handed its
report over to the AG. Not surprisingly, they found no misconduct.
Here
is the Trial & Error press release:
“Trial & Error finds the report of the Attorney General's
commission on the Dechaine case to be logically inexplicable, but sadly
not surprising. We take issue with the idea that any commission
appointed by the Attorney General, which never consulted with members
of Dechaine's defense team, can be termed "independent." We are
disappointed that three distinguishedjurists were evidently not
troubled by the state's incineration of potential DNA evidence 6 days
after an appeal had been filed; by the fact that sworn police testimony
did not match the officers' contemporaneous notes, and that the
prosecutor told the jury, despite considerable evidence to the
contrary, that there were no other suspects in this case.
“We urge all Mainers to read the State Secrets section in our website,
trialanderrordennis.org, and to read the expanded edition of James
Moore's Human Sacrifice, which has just been released by Blackberry
Books, at chimfarm@gwi.net. We hope the
Attorney General's office will hold a news conference to answer the
many questions not answered by this report. All that Trial & Error
has ever asked for is a retrial in which the jury hears ALL of the
evidence.”
We are certainly disappointed that the commission was unable to look
into the matter sufficiently enough to see that there were serious
problems in the investigation and prosecution. As just one example of
the shallowness of the Commission's report, their comment about the
obvious alteration of notes is: “What happened with regard to the notes
was fully explained to us and we find the explanations to be
satisfactory.” There is no detail about these “explanations.”
More reading on this subject is on the Links
to Articles page.
Trial & Error at the Common Ground
Fair
On Sept. 24, 25, and 26th Trial & Error had a booth at the Common
Ground Fair at Unity, ME. This fair, hosted by the Maine Organic
Farmers and Gardeners Association, is an annual celebration presenting
what is best about traditional and also cutting edge alternative, low
impact agriculture, rural living, and life styles.
The response to our presence was very positive -- the impression of
volunteers manning the booth was that of people who knew about the
case, fully 10 to 1 supported a retrial. Many had been following the
case for years. Half a dozen or so had some direct tie to Dennis,
including two prison employees who were proud to call him a friend. One
woman's daughter had, as a 14 year old in 1988, worked with Dennis in
his vegetable stand. A welder who had done repairs for Dennis recalled
the wonderful conversations they had had.
One very welcomed visitor, who ended up helping to man the booth, was a
woman from New Jersey who has long been a supporter, and who was
delighted to be able to finally meet other people who felt as strongly
as she did about this travesty of justice.
Two former prosecutors and three policemen left with copies of the new
edition of Human Sacrifice, or State Secrets. One of the
policemen has always believed in Dennis's innocence, and the other two
were very eager to read more about the case.
One disappointment was that while many people wished us good luck, few
asked what they could do to help. For those who did, our first
suggestion was for them to read Human Sacrifice and State Secrets ( the
new edition of HS also contains SS) and really learn the facts of the
case, and then talk about it with their friends and other people, and
write letters to their newspapers. And send money!
“After Innocence” on Showtime
The Sundance Award winning Film AFTER INNOCENCE Premiers on SHOWTIME,
Thursday October. 19, 8:30 pm. See the film, tell your friends! Host a
screening party to support the Exonerated! (see info below) For more
information visit: www.AfterInnocence.com or
Sho.com
After Innocence tells the dramatic story of innocent men wrongfully
convicted of crimes, cleared by DNA evidence and their struggle to
reenter society after spending decades in prison.
After Innocence Airs on Showtime:
Oct 19 8:25 PM
Oct 20 7:15 PM
Oct 21 11:00 PM
Oct 24 7:15 PM
Oct 25 9:00 PM
Showtime is encouragingconcerned viewers to host houseparties to view
the movie. You can email anderson@exonerated.org with
your phone number if you are interested in hosting on October 19, 2006
or anytime thereafter. Showtime will contact you with more information.
You can visit the LAEP website: www.exonerated.org for continuing
information and updates.
Thanks for your support!
Maine Lake Raffle
Thanks to Steve Mairs for donating a week at his lake retreat to Trial
& Error to raffle off. We raised $950 and, thanks to a ticket sold
by Bob McLaughlin, Sara MacCol of Cape Elizabeth spent the week of Sept
2 at this beautiful lake camp with her family.
Dennis
Dennis' 49th birthday is coming up on October 29th. Three months into
his twentieth year of prison, we are sure that he would appreciate
birthday wishes and thoughts from all of us. You can write him or send
a card to:
Dennis Dechaine
Maine State Prison
807 Cushing Rd.
Warren, ME 04864
Fundraising
We are always interested in fundraising ideas. If you have an idea that
you can help us pursue, please let us hear from you!
Thanks to all of you who have helped out!
Don't forget to check out trialanderrordennis.org to keep informed.
March, 2006 newsletter
Dear supporter:
As we move up on 18 years since Dennis was imprisoned there are
encouraging developments.
First of all, the amended post-conviction DNA statute sponsored by Ross
Paradis (LD 1907) has cleared the Judiciary Committee with a unanimous
“ought to pass” recommendation. This is no guarantee of passage in the
House and Senate, but is an extremely good start. (See letter from Ross
below.) The bill should be voted on by the House in the next couple of
weeks. Its progress can be tracked online here: http://janus.state.me.us/legis/LawMakerWeb/summary.asp?ID=280020037
Second, the film “After Innocence” is going to be showing in at least
at “The Movies” in Portland and at the Maine International Film
Festival in Waterville this July. More info on the Festival is
available here: http://www.miff.org/ (Also, see letter
from Bernie Huebner below.) We may organize a small presence when
“After Innocence” shows at The Movies in April if it seems appropriate
considering the progress of LD 1907 at that time. The MIFF showing of
the movie may be an opportunity to present a couple of the film's
exonorees and some of the footage of Dennis that Richard Searles has
been working on.
We are also on our way back to resuming “normal operations” since the
DNA review hearing was put on hold in 2005 and the revised DNA statute
has passed its first critical steps. We are trying not to tie the DNA
bill to Dennis since it is a good thing for Maine, not just Dennis.
So for now, try to make it to your next local T&E meeting. There is
news to discuss, and there will certainly be more info soon on LD 1907.
We can start planning some fundraising and summer events, too.
-- Ross Paradis' “Comments about our
revised and improved DNA law “ --
Dear Fellow Fighters for Justice,
What a week it’s been –
certainly one of the hardest yet most satisfying of my legislative
career. Whenever I feel completely exhausted as I have been,
campaigning throughout the Legislature for a fair and workable
post-conviction DNA bill, I reflect on Dennis’ situation at the MSP,
and I find a sudden surge of stamina and spirit to continue the fight.
I am sure that many of you have experienced the same phenomenon. I have
also turned to prayer as Aleta Blouin of has done – what a beautiful
letter to “Carol & Company.” Wednesday morning before the Judiciary
Committee work session and vote, I called my 90-year old mom in
Frenchville, who has been praying for Dennis every single day for many
years to rev it up prayer-wise. I also appealed to the Supreme Judge of
all, the Almighty and Most Benevolent and Wise, to intercede and
inspire the people on the Committee and all the interested parties that
participated at that session. The result – a unanimous Ought to Pass as
Amended vote – is huge. The strength of that vote almost guarantees
smooth sailing in the House and Senate, and subsequent signing into law
by Governor Baldacci.
Many thanks go to Speaker John
Richardson and Senator John Martin for lending a tremendous hand in the
stretch to convince the Committee chairs and members to go for fairness
and justice – and to all of you for your incredible moral support.
Although the amended version
of LD 1907 is not as strong as I would have wanted it (The time limits
for prospective petitioners still bother ), it is a vast improvement
over what we’ve had for the last five years and makes it much easier
for Dennis to renew his quest for justice.
Let Freedom Ring!!!
Ross
-- Information on “After Innocence”
from Bernie Huebner --
"AFTER INNOCENCE" COMES TO MAINE
The effort to bring the award-winning film "After Innocence" to
theaters continues. The film, written and directed by Jessica Sanders,
recounts the cases of seven men exonerated by DNA evidence, often only
after many years. All were supported in their efforts by The Innocence
Project, as is Dennis. Here is where things stand regarding theaters:
1) The Movies on in will show "After Innocence" for a week beginning
Wednesday, April 5th.
2) New Yorker Films, the distributor, says that both The Alamo Theater
in Bucksport and The Reel Pizza Cinerama in have expressed interest in
the film, but have not yet followed through with bookings. This would
be a good time to let these two theaters know that you would like them
to show the film. Contact either one at:
The Alamo Theater: 469-0924; nhf@oldfilm.org.
The Reel Pizza Cinerama: 288-3828; reelpizza@acadia.net
3) BREAKING NEWS: The Railroad Square Cinema in has just decided to
feature the film as part of their Maine International Film Festival
(MIFF), which runs from July 14-23. T&E is currently working with
them to host a special event around the film. Tentative plans call for
a showing of "After Innocence," accompanied by a short film on Dennis,
and followed by a panel to include a couple of the exonerees from the
film, as well as Jim Moore, author of "Human Sacrifice."
MIFF draws people from across and beyond, so this event holds the
promise of significant publicity, both before and following the showing
and panel. It carries significant costs as well, however--T&E has
already agreed to pay for the film rental, around $400. Travel and
other costs for the panel are likely as well. THEREFORE..., this would
be a good time to ask the various components of T&E if they would
engage in another round of fund-raising, especially as the recent issue
of Jim Moore's book "State Secrets: What the Jury Never Heard" as well
as the upcoming printing of the revision of his "Human Sacrifice" both
involve substantial costs. It is hoped that T&E members will
respond now to a renewed and focused call for financial support, and
that T&E chapters might also see what they can do to raise money.
Contributions can be sent to: Carol Waltman, Trial and Error, P.O. Box
153, Madawaska, ME 04756. Donations can also be made via PayPal.
Remember, T&E is a tax-deductible organization.
Once the MIFF event is finalized, we will let everyone know the date
and time and event details.
February, 2006 newsletter
Dear supporter:
This is to fill you in on couple of notworthy events related to our
cause.
First, the hearing for LD 1907 is this Wednesday, Feburary 15th at 1:00
in the State House. This is the new "DNA statute" that amends the
current post-conviction DNA law to be more in line with other states in
this country.
If you do attend the hearing, please keep a low profile by leaving your
T&E buttons and bracelets at home and not testifying at the
hearing.
This law is for the benefit of the State of Maine, to improve our
flawed
postconviction DNA statute; its merits should not be obscured by being
linked solely to Dennis.
Second, Jim Moore's second book on Dennis Dechaine's case, "State
Secrets" is done. This 70-page book is a distillation of the facts in
the Dennis Dechaine case (many never heard by the jury!), along with
some new information and several exhibits. It is, or will be soon,
available for a free download from www.trialanderrordennis.org.
A
limited numberof printed copies are available, but not in bookstores;
contact carol@triananderrordennis.org.
As always, donations are welcome and even encouraged. A check for as
little as $10 will help make sure that we have the money to make sure
that the public and the government don't forget Dennis' case. Donations
can be sent to Trial & Error c/o CArol Waltman, P.O. Box 153,
Madawaska,
ME 04756 or through PayPal by sending yhour contribution to
carol@trialanderrordennis.org
Trial&Error
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