Law In Maine

Psilocybin Mushrooms case Dropped by Maine DEA

2012-02-08T10:03:00.000-05:00

My client's house was broken into, and in the course of responding to the burglary, the police found jars containing spores of psilocybin mushrooms, which are fungi that contain the psychoactive compounds psilocybin and psilocin. You probably know these as "shrooms" or "magic mushrooms."

The Maine DEA agreed with me that the seizure of these psilocybin mushrooms, given the circumstances, was questionable, and agreed not to charge the case.

For more about Zerillo Law, LLC, visit http://www.getzerillo.com/.

-Tim

Bail Reconsideration in Manslaughter Case - CBS News Bangor

2012-01-25T19:18:00.000-05:00

http://www.wabi.tv/news/27059/south-berwick-man-in-jail-for-manslaughter-asks-judge-to-reconsider-bail

by Laura Roberts - January 25th 2012 01:25pm
Bangor - A South Berwick man in jail for seven years for manslaughter is asking for bail.

23-year-old Garrett Cheney was sentenced in December. He was convicted in July for driving drunk in a hit and run accident in Orono that killed UMaine student Jordyn Bakley of Camden.

After his sentencing, Cheney was denied post-conviction bail and taken directly to prison.

Now his attorney has made a motion to appeal that bail decision. The prosecution hopes the judge will stick with his original ruling.

"On December 7, Judge Anderson felt that Mr. Cheney should be held without bail and we believe that that decision he made on December 7 was legitimate, fair, and appropriate and we hope that he will maintain that same position," said District Attorney Chris Almy.

"There was never a court making findings related to his ties to the community, his character, his length of residence in the community, his employment history, all of those things go into both a pre-conviction and post-conviction bail analysis and that was never done. We think that if that is done, as the court is going to do here, that he is an excellent post-conviction bail candidate," said Tim Zerillo, Cheney's attorney.

Judge William Anderson says he will issue a written decision on the motion.

Application for Bail Pending Appeal in Manslaughter Case

2012-01-25T18:46:00.000-05:00

BANGOR — A man serving seven years of a 15-year sentence in connection with the hit-and-run death of a University of Maine student two years ago asked through his attorney Wednesday that he be released on bail while his appeal is pending before the Maine Supreme Judicial Court.

Garrett Cheney, 23, of South Berwick was dressed in an orange jumpsuit with his legs shackled rather than in the suit and tie he wore every day of his trial in July.

On Dec. 7, Superior Court Justice William Anderson sentenced Cheney to 15 years with all but seven suspended in the death of Jordyn Bakley, 20, of Camden. The judge denied an oral motion for post-conviction bail made by Cheney’s trial attorney, William Bly of Biddeford, after the sentencing.

Cheney’s new attorney, Timothy Zerillo of Portland, who is handling the appeal, argued Wednesday that his client should be released from prison because he had no problems on pre-conviction bail of $50,000 surety.

Penobscot County District Attorney Christopher Almy, who successfully prosecuted the case, argued Wednesday that Anderson’s decision at Cheney’s sentencing was “fair and appropriate and should stand.”

Anderson said he would issue his decision in writing soon but there is no timeline under which he must make his ruling.

In addition to manslaughter, Cheney was found guilty of aggravated criminal operating under the influence of intoxicants, leaving the scene of an accident that resulted in serious bodily injury and criminal operating under the influence of intoxicants.

Happy MLK Day

2012-01-16T08:11:00.000-05:00

"Injustice anywhere is a threat to justice everywhere."

--MLK Jr.

Cocaine Possession Case Dismissed

2011-12-07T11:27:00.000-05:00

Attorney Amy Robidas was able to get a cocaine possession case dismissed for our client in Portland today, in favor of a civil violation. Great work. --Tim

Attorney Zerillo Gets Defendant's Statements Suppressed in Hancock County

2011-12-01T15:12:00.000-05:00

My Client was charged originally with Criminal Threatening with a Dangerous Weapon. When the police arrived on the scene of the alleged crime, they questioned the Defendant. I brought a Motion to Suppress arguing that the Statements that were made by my Client violated Miranda v. Arizona. We had a hearing in which I put the 2 police officers involved on the stand and questioned them. In a written decision received today, the Hancock County Superior Court granted the portion of our Motion to Suppress in which I asked the Court to suppress statements made by my Client while the officers questioned him at the scene of the alleged crime. By agreement, the statements made by my Client both verbally and in writing at the police station were also suppressed.

--Tim

Amy Robidas Gets PFA Dismissed

2011-12-01T15:05:00.000-05:00

Attorney Amy Robidas of Zerillo Law, LLC was able to get another Protection From Abuse case dismissed in West Bath today - great job Amy.

For more information about Amy Robidas, please click here.

--Tim

What A Week for Attorney Amy Robidas - 2 Filings and a Motion to Strike Priors in an OUI Granted

2011-11-10T13:56:00.001-05:00

I felt the need to report on Zerillo Law, LLC's Senior Associate, Amy Robidas, and her great week. She got two cases filed this week, one for a Log Book Violation for a truck driver and another for Operating Beyond License Restriction. A filing is essentially a delayed dismissal, and is a great deal for our clients.

Then, Amy won a Motion to Strike Prior OUI offenses in a drunk driving case she has that is going to trial. She noted that the Defendant's first OUI offense was based on a plea without a lawyer, and she argued that the plea should be struck. The Court agreed over the prosecutor's objection, and struck the prior conviction. This effectively means that Amy is going to trial on a first offense OUI instead of a second offense OUI, which is quite a difference.

For more on Amy and Zerillo Law, LLC, click here.

Congrats to Amy and our Clients!

--Tim Zerillo

Tim Zerillo Lectures to York Bar Association on Collateral Consequences of Domestic Violence Cases

2011-10-29T12:26:00.000-04:00

I was please to lecture to over 100 lawyers in a presentation sponsored by the York Bar Association this week. The topic I was asked to discuss related to the Collateral Consequences of Domestic Violence cases. There are many Collateral Consequences in Domestic Assault cases, including severe firearms and immigration consequences, that many criminal defense lawyers do not understand.

I always consider it a great honor to teach other lawyers when I am asked. Good lawyering involves a constant process of learning, for everyone who practices and is committed to being their best.

For more information on Zerillo Law's Domestic Violence practice, click here.

What Does Beyond a Reasonable Doubt Mean?

2011-10-19T16:27:00.000-04:00

For more information on Zerillo Law, LLC, click here.

Testimonial on Drug Felony Case Experience with Tim Zerillo

2011-10-18T13:33:00.003-04:00

Our Client, a college student and very bright guy who was facing a drug felony, recently posted this online, and I thought I would share:

I had a fantastic experience with Tim, he was courteous and informative throughout the entire experience, which was an extremely stressful and difficult period of my life. I credit Tim with saving me from a potentially devastating felony charge and would recommend him to anyone! Thanks So much!

Glad we could help! For more info on Zerillo Law, LLC, click here.

Attorney Zerillo on How You Can't Discuss Insurance in Injury Trial

2011-10-18T08:21:00.000-04:00

For more information on the Zerillo Law, LLC injury representation practice, go to http://www.getzerillo.com/.

Domestic Violence Assault Case Dismissed in York County

2011-09-26T10:18:00.001-04:00

Last week, Zerillo Law, LLC Attorney John Burke was able to get a domestic violence assault case dismissed in York County. This was great for our client, because Attorney Burke was able to get it dismissed at the initial appearance, by convicning the prosecutor that it was not an appropriate case for a domestic assault charge. Congratulations John!

To learn more about Zerillo Law's Domestic Assault practice, please click here.

Felony Criminal Restraint By Parent Reduced to Misdemeanor with Time Served

2011-09-13T16:17:00.000-04:00

Our Client took her child, in violation of a custody order, and went to Florida to hide from the child's father. She was ultimately found in Florida, and Zerillo Law, LLC represented her in the Felony Charge of Criminal Restraint by a Parent in Maine, as well as a child custody determination.

Attorney's Amy Robidas and Jeff Hamm began handling the child custody case for Zerillo Law. The father of the child attempted to strip the Mother, our Client, of custody because she kidnapped the child to Florida.

The Guardian Ad Litem in the family case supported the Father's efforts.

Jeff Hamm handled the Interim Hearing. Amazingly, he won the hearing by establishing that the Father was abusive, and that the Mother was shielding the child from him so he would not abuse the child.

This win in the District Court allowed me to bargain the case effectively in the Superior Court in the criminal matter. The DA agreed to dismiss the felony and enter a time served disposition. There was no probation.

This was done without the Father's blessing. In fact, he did everything he could to keep the prosecutor and the Court from accepting this deal. Ultimately, I am happy to say our Client prevailed.

While there is a long fight for our Client in family court ahead, this represents a case in which, against all odds and against all the evidence, tenacity and skill won out in the end.

--Tim

Watch HBO Documentary "Hot Coffee" To Understand the True Nature of Tort Reform

2011-09-08T08:56:00.002-04:00

For those of you who have not yet seen the HBO Documentary "Hot Coffee," I encourage you to take a look at it. The Documentary exposes Corporate America's tort reform efforts and how it impacts ordinary Americans. It begins, quite powerfully, with revealing the misconceptions surrounding the McDonald's spilled hot coffee case, and goes on to explain how the United States Chamber of Commerce and others spun that into a a tort reform effort. Worth a watch. The movie website is http://www.hotcoffeethemovie.com/. --Tim Zerillo

How To Properly Assert Your Right to Remain Silent

2011-09-05T07:30:00.000-04:00

Attorney Jeff Hamm Gets 2 Domestic Assault Cases Filed

2011-08-18T11:21:00.000-04:00

In Portland today, Attorney Jeff Hamm of Zerillo Law, LLC was able to get 2 Domestic Assault cases filed for 6 months, with no costs to our client. A filing is like a delayed dismissal. As long as the Client doesn't have new charges in the next 6 months, both of the Domestic Assault counts will be automatically dismissed at the end of that period. This means our Client will have no criminal conviction, probation or jail time. Great job Jeff and congrats to our Client!

Possession of a Suspended License

2011-08-02T15:00:00.000-04:00

While our client was out on bail for a highly publicized case, he was charged with Possession of a Suspended Driver's License out of Arizona. He was denied bail. Attorney John Burke of Zerillo Law, LLC got involved, and was able to get the case dismissed today. Well done, John. --Tim

Amy Robidas Gets Domestic Assault Case Filed

2011-07-19T13:40:00.000-04:00

Attorney Amy Robidas of Zerillo Law, LLC was able to get a domestic assault filed in the Cumberland County Unified Criminal Docket in Portland today. A filing is when District Attorney agrees to dismiss the case automatically if the Defendant has no new criminal cases within a period of time. In this case, our Client simply needs to stay out of trouble for 6 months and the case will be dismissed automatically. Given the horrible consequences that can flow from a Domestic Assault conviction, this is a great result for our Client. --Tim

Tim Zerillo Nominated to New England Super Lawyers for 2011

2011-06-10T11:07:00.000-04:00

Attorney Timothy E. Zerillo has been once again nominated for inclusion in New England Super Lawyers 2011, to be published later this year. This is Attorney Zerillo's second straight nomination to New England Super Lawyers, which includes lawyers in Maine, New Hampshire, Massachusetts, Rhode Island, Vermont and Connecticut.

Attorney Jeff Hamm Gets Criminal Speeding Dismissed

2011-06-09T12:07:00.000-04:00

Attorney Jeff Hamm of Zerillo Law, LLC was able to get a criminal speeding case dismissed in West Bath today. Our client was allegedly speeding at 36 miles per hour over the limit. Great job Jeff!

2 Unlawful Sexual Touching Cases Dismissed

2011-06-08T10:19:00.002-04:00

Attorney Timothy Zerillo was able to get 2 Unlawful Sexual Touching Cases dismissed this week, after negotiation with the Cumberland County District Attorney's Office. The charges were based on our client hooking up with two women in a local bar. They claimed he later sexually assaulted them in their home. The facts of the case learned by Timothy Zerillo during his investigation didn't add up. That information was taken to the District Attorney, who correctly dismissed the charges.

Amy Robidas Gets Endangering Welfare of a Minor Case Filed

2011-06-08T10:05:00.001-04:00

Attorney Amy Robidas of Zerillo Law, LLC was able to get a filing this week on the charge of Endangering the Welfare of a Minor. This charge would have brought with it potential immigration consequences if there had been a conviction - great work by Attorney Robidas.

John M. Burke Sworn In

2011-05-26T08:00:00.002-04:00

Congratulations to new Zerillo Law Attorney John M. Burke, sworn in on May 24th. Attorney Burke will be practicing Plaintiff's Personal Injury Law, Criminal Defense and Family Law at Zerillo Law, LLC.

Out of Country and Out of State Clients Who Need a Lawyer in Maine

2011-04-24T08:21:00.002-04:00

Attorney Robidas Gets Domestic Assault Dismissed

2011-04-15T11:35:00.001-04:00

Earlier this week, Attorney Amy Robidas was able to get a domestic assault case dismissed for our Client before the prosecutor brought charges. There was a domestic incident and our Client was arrested. Amy and the staff at Zerillo Law, including recent law graduate John Burke, did a quick investigation, gathered information helpful to the defense, and Attorney Robidas convinced the prosecution to no complaint the charges.

Attorney Amy Robidas Gets PFA Dismissed

2011-04-15T11:31:00.001-04:00

Attorney Amy Robidas was handling defense of a Protection from Abuse Complaint, and possible civil matters, in which our Client was charged with sexually assaulting his daughter. Attorney Robidas carefully planned a defense, and found that the alleged victim recanted the allegations of abuse to two individuals. Based on that information, Attorney Robidas was able to get the PFA dismissed today.

Settled Car Crash Case

2011-04-15T11:29:00.000-04:00

We were able to settle an auto accident case this week for $250,000, which was the policy limit. If you want to specifically look at injury case information, check out my other blog dedicated to auto accident and injury cases - http://www.mainecarcrashlawyer.com/.

--Tim

Felony Marijuana Cultivation Case Dismissed

2011-04-09T05:58:00.001-04:00

I was able to get a felony Marijuana Cultivation case in York County dismissed yesterday. For a video on marijuana laws on the State of Maine, see my video here.

Unlawful Sexual Touching Dismissed

2011-04-05T08:00:00.000-04:00

In the Androscogin Superior Court in Auburn yesterday I was able to get a charge of Unlawful Sexual Touching dismissed for a Disordely Conduct with a $100 fine. --Tim

Criminal Speeding Case Dismissed

2011-03-23T08:06:00.000-04:00

Attorney Amy Robidas of Zerillo Law, LLC was able to get a criminal speeding dismissed this week. Criminal speeding in Maine is traveling in 30 or more miles per hour above the posted speed limit. Congrats to Amy and our Client! --Tim

Attorney Jeff Hamm Gets RiRa Assault Case Dismissed

2011-03-09T13:39:00.000-05:00

Attorney Jeff Hamm of Zerillo Law, LLC was able to get an assault case dismissed today in the Cumberland County Superior Court. The alleged assault took place at RiRa in Portland, and involved one of the bouncers there. The case was completely dismissed with no further consequence to our Client. Well done, Attorney Hamm! --Tim Zerillo

Nateva Felony Case Dropped to a Misdemeanor

2011-03-09T13:32:00.000-05:00

I was was able to get a felony Hydrocodone case from the Nateva Festival last year dropped to a misdemeanor in the Oxford County Superior Court, with no jail time or probation, depite the fact that my client was on Felony Drug Probation out of Rhode Island at the time of the offense. Best wishes, Tim Zerillo

Attorney Zerillo's Video on Bail Conditions in Maine

2011-02-24T14:53:00.000-05:00

What is the Home State of the Child for Child Cusotdy Purposes Video

2011-02-24T10:15:00.002-05:00

Felony Drug Case Dismissed, Misdemeanor Deferred Disposition Entered to End in Dismissal

2011-02-17T12:15:00.000-05:00

Our Client was charged in Portland, Maine in the Cumberland County Superior Court with a Felony Possession of Hydrocodone and Misdemeanor Posession of Cocaine. Our Client was a student at USM. He was charged when he consented to a search of his dorm room and drugs were seized. He was extremely under the influence when he consented to the search.

I filed a Motion to Suppress the consent to search, arguing that his consent was invalid and a warrant was needed. Prior to the hearing on the Motion to Suppress, we were able to resolve the matter.

The deal involved an outright dismissal of the felony case. The misdemeanor was entered with a deferred disposition, which involved the client going to counseling and doing community service for a year. At the end of the year, the remaining charge will be dismissed.

A great deal for our Client! --Tim Zerillo

Out of State Child Custody Case Dismissed for Lack of Jurisdiction

2011-02-17T11:42:00.000-05:00

Amy Robidas of Zerillo Law, LLC was able to achieve a dismissal of a child custody case this week. Our Client resides in Virginia. Her ex took their child to Maine and filed a child custody case here. Attorney Robidas moved to dismiss the case, arguing that the home state of the child under the Uniform Child Custody Jurisdiction Act was actually Virginia. The Court agreed, and granted Attorney Robidas' Motion to Dismiss this week. --Tim Zerillo

Attorney Amy Robidas Gets DV Assault Dismissed to a Disorderly

2011-02-17T11:38:00.000-05:00

Earlier this week, Attorney Amy Robidas was able to get a Domestic Violence Assault charge in the York County Superior Court dismissed in favor of a Disorderly Conduct with a fine, despite the fact that our Client had a long jail record. Good work, Amy. --Tim Zerillo

Attorney Amy Robidas Gets OAS for Trucker Dismissed

2011-02-07T11:42:00.000-05:00

Attorney Amy Robidas and Zerillo Law, LLC were hired to represent a trucker charged with OAS. Attorney Robidas was able to prove that the original suspension was invalid, and convinced the Cumberland County District Attorney's Office in Portland, Maine to dismiss the case today. Congratulations to our Client and to Attorney Robidas!

Disorderly Conduct for Canadian Citizen Filed

2011-01-27T14:25:00.001-05:00

Attorney Jeff Hamm of Zerillo Law, LLC was able to get a filing for a Canadian client of ours today in York County. Our Client, who is from Quebec, hired us to handle a case out of Old Orchard Beach where he was arrested for Disorderly Conduct. Attorney Hamm was able to negotiate a filing. A filing is really a delayed dismissal, meaning that if our Client does not have any new criminal conduct within a year, the case is automatically dismissed. This is a fantastic deal for our Client.

If you are from Canada or live anywhere in the world outside of the State of Maine, and have a legal issue in Maine, please call us and we'll be happy to help you. --Tim

Zerillo Law, LLC - Maine Attorneys at Law

2011-01-12T16:30:00.001-05:00

Create your own video slideshow at animoto.com.

Tim Zerillo Discusses Criminal Marijuana and Medical Marijuana Laws in Maine

2011-01-09T07:58:00.002-05:00

Injury Series #5 - Traumatic Brain Injury

2011-01-06T15:39:00.000-05:00

Attorney Tim Zerillo Discusses How Insurance Claims Offices Work

2011-01-06T05:31:00.000-05:00

Felony Theft of $100,000 No Complainted

2011-01-05T14:15:00.000-05:00

Our Client came to me charged with a theft of $100,000 in the context of a bad divorce. Also charged was embezzlement from a local small business. I am pleased to say that through intensive investigation and planning, we were able to persuade the police and the District Attorney that this was not a criminal matter, but should be handled in civil court. The District Attorney today decided to no complaint the case. If charged, this would have been a significant felony that would have changed our Client's life. -Tim

Operating Without a License Filed

2010-12-14T11:05:00.000-05:00

Attorney Amy Robidas of ZERILLO LAW, LLC received a 6 months filing, without costs, on the charge of Operating Without License today. A great result for our Client!

Tim Quoted in Article Regarding Wiscasset Raceway Case and Oxfest

2010-12-08T14:49:00.000-05:00

From the Times Record - http://www.timesrecord.com/.

Wiscasset OKs future concerts

By Seth Koenig, Times Record Staff

Wednesday, December 8, 2010 2:09 PM EST

WISCASSET — Concert organizers who brought big name rock bands to Wiscasset last summer for a show that attracted 10,000 fans earned preliminary approval for two more such events in 2011.

But even with Wiscasset officials’ consent for more high profile concerts next summer, organizers say the proposed music festivals might be held in Bangor instead.

The Wiscasset Board of Selectmen on Tuesday night conditionally approved special amusement permits for Wiscasset Raceway and its owner, Doug White. With the permits, the race track gained an initial OK to schedule another all-day heavy metal festival like the one held there July 31.

That concert featured national acts Shinedown, Sevendust, Chevelle and Puddle of Mudd. The speedway also can move forward with plans for a similar event centered around country music in the summer of 2011.

But the board approvals for Oxxfest and Countryfest, as the two multi-band concerts will be called, did not come without complaints.

Some residents who live near the raceway told selectmen Tuesday that the 2010 edition of Oxxfest damaged their quality of life.

Kim Hunter of West Alna Road was one of a number of nearby residents to decry the noise and foul language broadcast through the neighborhood over the concert speakers. She said she left home the afternoon of the show to get her children out of earshot of the swears and loud heavy metal.

“I told my husband, ‘This is what you hear in a horror movie before something very bad happens,’” she recalled.

Portland attorney Timothy Zerillo submitted a letter to be read into the record on behalf of raceway neighbors Rhonda and Dale Hamlin. Zerillo wrote that residents speaking in favor of the event — and against concert opponents such as his clients — were largely those to benefit financially from the show, by charging concert-goers to park on their properties.

He wrote that the Hamlins suffered as a result of the concert venue’s insufficient water supplies and portable toilets, as ticket-holders approached the couple for drinks and urinated on their property.

Other complaints lodged Tuesday night included an increase in litter and the fact that rock fans were dangerously walking long distances along rural roads to get from makeshift field parking lots to the concert.

“I don’t believe money is the root of all evil,” Zerillo wrote, “but money can turn longtime friends and neighbors against one another, and that’s what we’re witnessing in Wiscasset.”

Steve Smith, who helped manage the first Oxxfest for Wiscasset Raceway, said concert organizers have addressed many of the complaints in their draft plan for next summer’s shows.

He said the raceway will double the number of portable toilets on site during future shows. Smith also said most of the foul language heard during last summer’s concert came from the local bands who played during the day before the headliners took the stage. He said a member of the concert promotion team assigned to work with the local bands and stress the importance of clean language did not show up for Oxxfest 2010, and that worker will be replaced if the raceway hosts concerts in 2011.

“I can be pretty confident in saying (the excessive swearing) won’t happen again,” Smith told selectmen Tuesday.

Smith also said property owners down the street from the speedway had told drivers that parking lots at the race track were full, when they weren’t. Smith said the venue plans to sell on-site parking vouchers along with the concert tickets next time around to ensure that everybody who can park at the raceway — or two affiliated adjoining locations — does so. He said the venue can accommodate between 90 percent and 100 percent of the vehicles due to arrive at the festivals, so there should be no concert-goers forced to walk long distances from their cars to the shows.

The special amusement permits awarded by selectmen Tuesday are contingent upon all final plans for the concerts being submitted — and approved by local police, ambulance and other public safety authorities — 90 days before the events. The permits also require that any payment for town resources, such as extra police officers, will be paid 10 days prior to the events. Both the Oxxfest and Countryfest permits were approved Tuesday by a single 5-0 vote of the selectmen.

Even with the preliminary approvals, however, Smith told those in attendance that the festivals might be bound for Bangor instead. Smith said there’s a “75 percent chance” the concerts will be held in the Queen City instead of Wiscasset.

Alex Gray of New England Concerts, the promoter behind the annual Oxxfest events, also organizes Bangor’s Waterfront Concert series, which has built momentum in recent years by scheduling performers such as country star Alan Jackson.

Operating After Revocation of License Deferred

2010-12-03T14:00:00.000-05:00

Attorney Amy Robidas of Zerillo Law, LLC was able to negotiate a Deferred Disposition of a charge of Operating After Revocation of License out of Ocgunquit and entered yesterday in the York County Superior Court. The only condition of the deferment was a $150 fine, and the matter will be dismissed at the end of 1 year. --Tim

Amy Robidas Wins Jursidictional Hearing on Home State of Child

2010-12-03T13:57:00.000-05:00

Amy Robidas of Zerillo Law, LLC won a hearing in West Bath District Court this week on the jurisdiction of a child custody case. In that matter, a mother had moved to Maine with the child, and filed a Parental Rights Complaint. Amy's Client moved to dismiss the Maine action, alleging that California was the proper jurisdiction. After a contested hearing, Amy was able to get the action in Maine dismissed. --Tim

Timothy Zerillo Quoted in Press Herald Article about Bail

2010-12-01T08:59:00.000-05:00

From David Hench of the Portland Press Herald:

Bail too low in Maine Turnpike car chase, critics say

The driver remains in jail in lieu of the $250 bail, called a 'laughable' amount by a victim in the car he hit.
By David Hench dhench@mainetoday.com

A judge's decision to set bail at $250 for a man who is charged with trying to outrun police on the Maine Turnpike was met with outrage Tuesday.

Timothy J. Williams, 39, of South Portland was charged Friday with eluding police, after a high-speed chase that ended when he crashed into a car in which a Portland family was returning home from a Thanksgiving gathering.

Nobody was seriously hurt.

Williams' bail was set initially at $5,000, but a judge lowered it to $250 on Monday during Williams' initial appearance in Springvale District Court.

Many people were furious at the low bail, including Melissa Luetje, who was in the car that Williams hit, along with her husband and two young children.

"It seems to me, given his history, that just $250 is laughable," Luetje said.

She said Williams should be kept off the street, where he might do the same thing to someone else. "We're fine, but if anybody saw the car, you would never know how anyone walked away from that," she said.

The Portland Press Herald and Kittery police received calls Tuesday from many people who were upset about the bail set for Williams, who has an extensive criminal history in Massachusetts and a conviction for drug trafficking in Maine. His Maine identification card – his license was taken away – listed the Cumberland County Jail's address as his home, though police said he lives on Main Street in South Portland.

Court officials said Tuesday that bail is not intended as a punishment related to a particular crime. Instead, it is intended to ensure that a defendant appears in court and does not endanger the public.

"What are the least restrictive conditions that will ensure the defendant's appearance and the safety of the community?" said Timothy Zerillo, past president of the Maine Association of Criminal Defense Lawyers.

Zerillo was unfamiliar with Williams' case, but said that bail should be based on the individual circumstances of a defendant, and that media scrutiny can sometimes lead to unfairly high bail.

OUI Dismissed for Reckless Conduct

2010-11-30T13:59:00.000-05:00

Attorney Amy Robidas of Zerillo Law, LLC was able to get an Operating Under the Influence dismissed and dropped down to a Reckless Conduct today. Well done Amy!

Deferred Disposition Leading to Dismissal Achieved by Tim Zerillo in Felony Acquiring Drugs by Deception Case

2010-11-23T16:09:00.001-05:00

After significant negotiation with the Attorney General's Office, I was able to achieve a deferred disposition for our Client, who was charged with 5 counts of felony Acquiring Drugs by Deception today in the Cumberland County Superior Court in Portland, Maine. Our Client allegedly called in false prescriptions for hydrocodone and oxycontin to several pharmacies while impersonating a local doctor. We were able to enter into early discussions with the Attorney General's Office, and today entered a 1 year deferred disposition. Our Client will do 40 hours of community service, continue counseling, and at the end of 1 year, all of the cases will be dismissed entirely. He will not spend 1 minute in jail or on probation - a great deal for our Client! -Tim

2 Hurt In Accident on 295

2010-11-20T21:23:00.000-05:00

From the Press Herald:

Two hurt in I-295 accident

By Edward D. Murphy emurphy@mainetoday.com

FREEPORT – Two people were injured in an accident on I-295 southbound shortly after noon today, state police said.

Police said the accident occurred when a car driven by James Diemer, 29 of Brunswick, moved from the passing lane into the travel lane on the highway, hitting a car driven by Kelly Davis, 23, of Las Vegas.

The impact sent Davis' car off the road and into a tree. The car rolled over after hitting the tree, said Trooper Justin Cooley.

Doctor Faces DEA Drug Charges

2010-11-18T11:48:00.000-05:00

From the Press Herald online today:

Doctor faces charges after DEA raids office

By David Hench dhench@mainetoday.com

Staff Writer

PORTLAND - Federal agents raided a podiatrist's office in Portland on Wednesday, seizing records as part of a drug investigation, while state drug agents arrested the doctor in Cumberland.

Dr. John Perry, 49, was charged with violating bail conditions and possessing a gram of cocaine. He was taken to the Cumberland County Jail, where he was held without bail.

In the investigation by the U.S. Drug Enforcement Administration and the Maine Drug Enforcement Agency, agents also searched Perry's house, at 365 Main St. in Cumberland, and his car.

His office, Atlantic Foot & Ankle Center, is at 1711 Congress St. in Portland. A woman who answered the phone there declined to comment.

Perry was free on bail following his arrest April 4 on a charge of drunken driving. State police stopped him on Interstate 295 in South Portland at 5:15 a.m. that day. He allegedly had a blood alcohol content of 0.16 percent -- twice the legal limit.

Perry admitted the conduct in a court agreement and was given a deferred disposition, meaning the drunken-driving charge would be reduced to a driving-to-endanger conviction as long as he engaged in no criminal conduct for a year.

His agreement with prosecutors allowed police to search him and his car and conduct blood tests to ensure compliance with the consent agreement, court records said.

A message left for Perry's lawyer was not returned Wednesday afternoon.

A spokesman for the DEA declined comment, saying the investigation continues. The federal Department of Health and Human Services, which includes the Food and Drug Administration, did not respond to questions posed about the investigation by press time.

Perry was disciplined in 2003 by the state's Board of Licensure of Podiatric Medicine in connection with violating professional standards in a doctor-patient relationship in 2001, according to the board's website. He agreed to enroll in a medical ethics program and maintain a log of all narcotics prescriptions of 20 or more tablets, and to submit the log for board review for the next year.

The allegation involved sex in exchange for painkillers, but Perry vehemently denied it. He was not charged by South Portland police, who investigated the report, and the consent agreement with the board did not conclude that any such exchange had occurred.
The board did note that a telephone conversation taped by South Portland police as part of the investigation showed an unprofessional relationship between Perry and the woman who filed the complaint.

The drunken-driving charge is the only incident on Perry's criminal record, according to the State Bureau of Identification.

The DEA, while focusing largely on illegal drug distribution, also monitors volumes of legal drugs that are prescribed by health professionals and enforces laws against diversion of those drugs for illicit use.

Fatal Motorcycle Accident in Portland

2010-11-16T11:12:00.000-05:00

Sad story from the Press Herald online this morning.

One person was killed this morning when a motorcycle and a box truck collided at the intersection of Skyway Drive and Congress Street.

Police say the motorcyclist was killed in the crash, which happened shortly after 7 a.m. Police have not released the rider's name.

The crash near Exit 46 of the Maine Turnpike northbound in Portland is causing delays in both directions.

The crash was actually not on the Maine Turnpike, but was on Skyway Drive in Portland near the Portland Internaitonal Jetport, authorities said. However, the crash, which happened at about 7 a.m, is causing delays in both directions on the turnpike.

Domestic Violence Assault from Steep Falls, Maine Dismissed

2010-11-02T14:05:00.000-04:00

I was happy to get a Domestic Violence Assault and Obstructing Report of a Crime case that allegedly occured in Steep Falls, Maine no complainted today. That means that the District Attorney has agreed with me that the case should be dismissed prior to the arraignment. Find out more about Zerillo Law, LLC at http://www.getzerillo.com/ --Tim

Tim Zerillo Nominated to "Super Lawyers New England 2010"

2010-10-25T09:11:00.001-04:00

Timothy Zerillo :: Lawyer - Portland, Maine (ME) :: Attorney Profile

Criminal Defense Series #3 - Reasonable Doubt

2010-10-17T21:10:00.000-04:00

Family Law Series #1: The Basics of Divorce Law

2010-10-17T21:07:00.000-04:00

Injury Client Series #3, Basics of Automobile Coverage

2010-10-17T21:04:00.000-04:00

Article on Confrontation Clause Published

2010-09-30T10:08:00.000-04:00

On September 9, 2010, the Maine Lawyer's Review published an artle by yours truly titled "Confrontation Clause Rights in Maine in Domestic Violence Cases." The article is intended to give lawyers a primer on how to handle Confrontation Clause issues as they arise in Domestic Assault cases. -Tim

Drug Case with Significant Complications

2010-09-27T10:51:00.000-04:00

Attorney Amy Robidas suggested I post the story of our recently complicated drug case, so I decided to take her suggestion.

I was hired by the client to handle a felony drug possession out of York County from 2007. He had a prior Aggravated Trafficking conviction he served time on (I didn't represent him) and other drug convictions out of Massachusetts. He had a prior attorney that got him an offer of 3 years straight time in custody in 2007. He no showed his Court date in 2007, and hired me when he got picked up on a warrant in 2010.

Long story short, we had a very difficult time convincing the Assistant Attorney General into giving him more reasonable time to serve then the 3 years she offered. I went to York County for a docket call earlier in the month, and the Assistant Attorney General agreed to offer him a straight setence of 1 year with no probation. My client was thrilled. We decided to wait to enter the plea for a few weeks so he could make arrangements back home.

On my way back to my office in Portland, I got a call from my office manager that the federal drug enforcement agency had my client arrested in the parking lot. I turned the car around, violating several traffic laws in the process, and headed back to York County Superior Court, where I found my client arrested for a sealed 2007 federal warrant, on different charges involving crack cocaine.

At this point, I was extremely happy we hadn't entered the plea minutes earlier in York County. As many of you know, you can get life sentences handed out in federal court with the appropriate prior predicate offenses. I spoke to my client, told him not to speak to law enforcement, and he was charged in federal court.

So, this poor guy goes from thinking he is doing 1 year and putting his past behind him, and within minutes he's facing a minum of 10 years and a maximum of life in federal prison.

There is a happy ending to this story. We find out a week or two later that the feds lost the evidence in their case. They classified it incorrectly internally. Credit to the U.S. Attorney's office: they didn't fool around, they simply dismissed the case when they found out. Our client walked right out of there.

Miracles do happen...Tim

Injury Video Series #2 - Just Say "No" to Recorded Statements

2010-09-16T13:05:00.000-04:00

Criminal Defense Video Series #2 - Non-Resident Criminal Defendants with Charges in Maine

2010-09-16T12:56:00.000-04:00

.12 OUI Dismissed

2010-09-10T14:09:00.000-04:00

Attorney Amy Robidas of Zerillo Law, LLC was able to get a .12 OUI dismissed in York County this week. Way to go Amy! --Tim

Injury Case for Accident at Smiling Hill Farm Settled

2010-09-10T08:30:00.001-04:00

Zerillo Law, LLC has settled a personal injury lawsuit today for an auto accident that occured on County Road near Smiling Hill Farm in Westbrook. We generally do not divulge the amount of settlements without the client's permission. Our client was struck when another vehicle pulled in front of her from the Smiling Hill Farm onto County Road, where our client was traveling. Our client had head, back, neck and knee injuries. The lawsuit was filed in the Cumberland County Superior Court in Portland.

Man Arrested in Windham Shooting Death Involving Alleged Marijuana Dispute

2010-09-08T12:18:00.000-04:00

From the Press Herald:

Windham man held in shooting death; confrontation over marijuana suspected

By Melanie Creamer mcreamer@mainetoday.com

Staff Writer

A 44-year-old Windham man was charged Tuesday night with the shooting death of David Harmon, also of Windham, in what police said was a confrontation involving the theft of marijuana.

Joseph P. Green of 38 Roosevelt Trail was arrested around 7 p.m. at his mother's home in Casco and charged with murdering Harmon, 40, whose body was found Aug. 31 on Green's property.

Harmon was last seen by his wife when she dropped him off at 5:15 a.m. Aug. 31 at the corner of Land of Nod Road and Cole Road. His body was found later that night at the base of an 8-foot ledge just north of there.

Melissa Harmon told Windham police that her husband planned to check out hunting sites. But Maine State Police said Tuesday that Green shot Harmon as he was trying to steal marijuana growing on Green's property.

Lt. Brian McDonough, head of detectives for the state police in southern Maine, said evidence found near Harmon's body linked him to Green's property.

"He was killed on the property, then Green moved the body up to the (Central Maine Power) pole line" but not off his property, McDonough said.

Police said there apparently had been thefts of Green's marijuana the night before Harmon was shot.

"The real motivation for the killing appears to be protection of marijuana on the property," McDonough said.

State police spokesman Steve McCausland said it wasn't a large growing operation. He said Melissa Harmon knew about her husband's intention to steal Green's marijuana.

"She hasn't been charged at this point," McCausland said. "We haven't made that decision yet."

An autopsy by the state Medical Examiner's Office showed that Harmon died from a "through-and-through wound consistent with a gunshot," and the death was ruled a homicide.

A handgun believed to have been used in the shooting was recovered. The gun and other items seized last week during a search of Green's property were taken to the state police crime lab in Augusta.

A corrections officer at the Cumberland County Jail said Green arrived at about 7:50 p.m. Tuesday night and was denied bail.

Green, who was once a heavy equipment operator, will likely make his first court appearance either today or Thursday.
Harmon's funeral service was held Tuesday afternoon. His mother-in-law, Janet Snow, learned of Green's arrest about an hour after he was taken into custody.
"Thank God," Snow said. "I'm just thankful and I hope justice is done."
Staff Writer Melanie Creamer can be contacted at 791-6361 or at: mcreamer@pressherald.com

Domestic Violence Assault Case Filed

2010-09-07T15:59:00.000-04:00

We were pleased to achieve a filing in Cumberland County Superior Court today on a domestic violence assault charge. The charge was that our client choked and struck the alleged victim in the neck. She fled the Defendant's car, and ran to a 7-11 and had the attendant call the police. What the alleged victim didn't tell the police is that she bit the Defendant on the arm while driving. She also didn't tell the police that she had threatened to make up stories of the Defendant abusing him to get him in trouble with the police in the past, which our client had previously caught on tape. The prosecutor filed the case. A filing is simply a delayed dismissal. Great results for our client. --Tim

Injury Series Video #1 - Negligence + Causation = Damages

2010-08-26T08:21:00.000-04:00

This video is designed to give you a primer on Negligence actions for injury cases in the State of Maine.

Trafficking Oxycodne Arrest in Sanford

2010-08-25T13:03:00.000-04:00

From the Portland Press Harold today:

Woman arrested in York County drug investigation

By Edward D. Murphy emurphy@mainetoday.com

Staff Writer

SANFORD — A Sanford woman turned herself in and was charged with trafficking in oxycodone Tuesday, the latest arrest in an ongoing investigation of drug trafficking in York County.

Brittany L'Heureux, 21, turned herself in to Sanford police Tuesday after an arrest warrant was issued following a search of her home on Cottage Street. The Maine Drug Enforcement Agency alleges that its agents bought oxycodone from L’Heureux on several occasions. She was being held at the York County Jail.
The MDEA said it has arrested four other people in Sanford over the last month on charges of trafficking in oxycodone, cocaine or crack and expects more arrests in the area in the next few weeks.

Zerillo Law, LLC Criminal Defense Video Series #1, "Silence is Golden"

2010-08-20T09:55:00.000-04:00

http://www.youtube.com/watch?v=YArqxnN808c

Sentencing in Federal Drug Case and Violation of Probation Nets 21 Month Sentence

2010-08-17T13:46:00.000-04:00

Although we often represent people who are completely innocent, we also represent those who have confessed to mistakes. When you confess to mistakes, while you are on probation, and where you attempt an undercover drug buy with a federal agent, you are in a whole different level of trouble.

We recently had a sentencing on such a case. We argued that our client should not have an upward departure as a result of his behavior, and that the sentences should run partially concurrently (despite the fact that the Sentencing Guideline policy comments said they should run consecutively). In sum, with the partially concurrent sentences our client received 21 months in federal prison, including the probation violation and the new drug buy. This is an extraordinarily low sentence in the context of federal sentencing. United States Probation asked the Court for a 24 month sentence on the probation violation alone.

--Tim

$150,000 Settlement With Progressive Insurance

2010-08-06T07:52:00.002-04:00

We were pleased to achieve a $150,000 settlement with Progressive Insurance this week. This settlement was for a motorcycle injury to our client's wrist.

We love to represent people who have been hurt when it wasn't their fault. If you would like more information on Zerillo Law, LLC, please click here.

Domestic Violence Assault Case Dismissed

2010-08-06T07:27:00.002-04:00

I was pleased to get the dismissal of a domestic violence assault case this week for a Client in the Unified Criminal Docket in Portland. --Tim

For more about Zerillo Law, LLC, click here.

Theft Charge Filed

2010-08-05T10:34:00.002-04:00

In York County Superior Court today, we were pleased to get a filing for our client on a theft charge. A filing means that the charge is automatically dismissed after 1 year if our client has no new criminal conduct for the year. The theft involved taking a deposit on the sale of a Grady White boat our client did not own. For more info on Zerillo Law, please click here.

Possession of Gun by Felon Charge Dismissed!

2010-07-29T10:34:00.003-04:00

Several months ago, Tim Zerillo won a Motion to Suppress for our client on the charge of Possession of Firearms by a Felon and Cultivating Marijuana. Since our client confessed to the gun ownership, the suppression order did not dismiss the case. We have learned this morning that the District Attorney has agreed to dismiss all charges against our client!

To learn more about Zerillo Law, LLC, please click here.

Bangor Daily News Article on Our Appeal Decision From Last Week in the Maine Supreme Court

2010-07-26T09:19:00.003-04:00

Here is the article from the Bangor Daily News. To learn more about Zerillo Law, LLC, please click here.

Mich. man’s domestic abuse charge reduced
Relationship between parties a weak link at initial sentencing

7/22/10 09:08 pm Updated: 7/22/10 09:19 pm
By Jen Lynds
BDN Staff

CARIBOU, Maine — The Maine Supreme Judicial Court earlier this week set aside the conviction of a Michigan man found guilty of two domestic violence charges in an Aroostook County court last year and sent the case back to the court so he can be resentenced on lesser charges.

The state supreme court determined that the evidence submitted at the trial of Reno Metzger was insufficient to prove that he and the female victim he stood accused of beating were “family or household members,” which is necessary for a conviction in a case involving domestic violence charges.

The Law Court heard oral arguments in the case on May 19, with Assistant District Attorney Todd Collins representing the state and Timothy E. Zerillo, a Portland attorney, representing Metzger.

Metzger, 37, was found guilty last year of domestic violence assault and domestic violence reckless conduct by Judge Bernard O’ Mara in Caribou District Court. The incident took place in Caribou on July 30, 2008, according to the ruling written by Supreme Judicial Court Justice Andrew Mead.

Just after 1 a.m., Caribou police Officer Douglas Bell responded to a call for assistance at the Par & Grill, a restaurant and bar approximately nine-tenths of a mile from the police station. Bell arrived at the business less than 90 seconds after the call was made and went inside to find a woman on the floor “crying hard, breathing rapidly, [and] look[ing] . . . scared,” Mead wrote. In referring to the officer’s account, the ruling also points out that the victim was “covered with blood,” the right side of her head was swollen, and there was a cut over her left eye. Bell asked her, ““What happened?” He then asked her whether she was hurt and, “Who did it?”

The victim, also of Michigan, told Bell that her boyfriend, Reno Metzger, had kicked her in the stomach and hit her repeatedly, according to Mead.

Bell summoned an ambulance and began looking for Metzger. The officer found him in the parking lot of the business, according to the ruling, and described him as “very drunk” and “very distraught.” Metzger was bleeding and had blood on him. Metzger asked how the victim was, and Bell arrested and charged him with the two domestic violence crimes.

Both are Class C crimes punishable by up to five years in jail and a $5,000 fine. Metzger pleaded not guilty and requested a bench trial, which was presided over by O’Mara.

Collins said Wednesday that Metzger and the victim were both long-haul truck drivers who were in the city that night. After the incident at the bar, the victim went back to her home in Michigan and could not be found to testify at Metzger’s trial.

“We couldn’t locate her no matter how hard we tried,” Collins said.

Bell was the only witness to testify at the trial, and he bore witness regarding what the victim told him had happened. He also testified that the victim had identified Metzger as her assailant and called him her “boyfriend.”

Metzger argued that because the victim did not testify at his trial, the court erred in allowing Bell to testify that she identified him as her attacker at the crime scene.

Zerillo, Metzger’s attorney, argued that the victim’s statements to Bell were inadmissible under the hearsay rule, which states that testimony or documents that quote a witness not in court are not admissible. Zerillo also argued that the admission of the victim’s statements violated Metzger’s confrontation clause rights under state and federal law. The confrontation clause assures the right of a defendant to confront the accuser.

O’Mara rejected that argument, and Metzger was convicted of domestic violence assault and sentenced to eight months in jail with all but four months suspended and two years of probation with numerous conditions. He also was ordered to pay a $500 fine. On the domestic violence reckless conduct conviction, he was sentenced to four months concurrent incarceration.

Collins said that Metzger served his sentence on the domestic violence convictions at Aroostook County Jail in Houlton, but went ahead with the appeal.

While the Law Court found that O’Mara did not err in ruling that the victim’s statements were admissible, they disagreed with the domestic violence language in the charges.

While the court found that there were several references in the police report and trial record to Metzger being the victim’s “boyfriend,” it nonetheless ruled that there was “nothing that would establish that they [the victim and Metzger] had been spouses or domestic partners, had a child together, had lived together or had been sexual partners.”

At the same time, the Law Court ruled that there was “sufficient evidence to support convictions on the lesser included crimes of assault and reckless conduct.”

It ruled that the judgment against Metzger be set aside and that he be resentenced on the lesser offenses of assault and reckless conduct.

Reckless conduct and assault are both Class D crimes punishable by less than a year in jail and a fine up to $2,000.

Collins said Metzger is reportedly still in the state and on probation.

While Metzger already has served the time on the more serious charges, the resentencing could change the terms and conditions of his probation or his fine, Collins said.

A date has not yet been set for the resentencing.

Cumberland County Case Brought By Tim Zerillo Awarded $539,000

2010-07-21T08:17:00.003-04:00

Yesterday, at a damages hearing, the Cumberland County Superior Court awarded $539,000 to our Client for damages related $48,000 cash that was stolen from her. In addition to an award of $48,000, attorney's fees and costs, the Court has awarded $480,000 in punitive damages against the Defendants.

To learn more about Zerillo Law, LLC, visit our website here.

Maine Supreme Court Decision Vacates Judgment of Guilt for Domestic Violence Assault

2010-07-21T08:12:00.002-04:00

The Maine Supreme Court, in a case on appeal by Tim Zerillo of Zerillo Law, LLC, yesterday vacated convictions of domestic violence assault and domestic violence reckless conduct, and remanded the case to Aroostock County for sentencing on non-domestic violence charges. The Maine Supreme Court decsion can be found here: http://www.courts.state.me.us/court_info/opinions/2010%20documents/10me67me.pdf

F. Lee Bailey and Tim Zerillo Picture

2010-06-29T11:13:00.001-04:00

Famed criminal attorney F. Lee Bailey and myself right before I introduce him at the MACDL 2010 Seminar. -Tim Zerillo

News: Pot Bust in Bridgton

2010-06-28T16:19:00.002-04:00

Those of you who read our blog know about the success we have had representing marijuana defendants, including in Bridgton. To learn more about Zerillo Law, LLC, go to www.getzerillo.com. Here is another arrest from out that way, from the Portland Press Herald:

Bridgton couple charged with growing, selling pot
By David Hench dhench@mainetoday.com
Staff Writer

Police in Bridgton seized 18 pounds of marijuana and 145 pot plants during a raid on a house at 139 Beartrap Road Saturday.

Bridgton police, a State Police trooper and an Oxford County sheriff's deputy executed a search warrant at 7:20 p.m. following an investigation by Bridgton Officer T.J. Reese. One pound of the marijuana was packaged for sale and the processed marijuana seized was worth $51,000, police said.

Police charged Robert F. Murphy, 55, and Cynthia M. Murphy, 52, with cultivating marijuana and drug trafficking. They are scheduled to appear in Portland Superior Court on Sept. 2.

Leaving the Scene of a Motor Vehicle Accident Case Dismissed

2010-06-24T10:29:00.002-04:00

Attorney Amy Robidas of Zerillo Law, LLC was able to get a case of Leaving the Scene of a Property Damage Motor Vehicle Accident dismissed this week. Great job Amy!

Deferred Disposition operating After Revocation

2010-06-15T16:28:00.000-04:00

Attorney Amy Robidas of Zerillo Law, LLC came roaring back from her maternity leave today, getting a very difficult deferred disposition in an Operating After Revocation of License case. These are very difficult cases, and our client faced a 30 day mandatory mininmum jail sentence. With Attorney Robidas help, he now only owes a $500 fine. Way to go Amy! --Tim

Motion to Suppress on Weapons Charge in Federal Court

2010-06-10T09:38:00.004-04:00

From time to time I publish examples of Motions we file, with our client's personal information redacted. This is to give you an idea as to how we approach representation of our clients.

You can follow the link below to find a Motion to Suppress filed this week in Federal Court in Maine. The issues in the Motion to Suppress is our claim that the Defendant's confession was coerced. The coercion occurred when the Defendant was promised he would not be charged if he confessed. Of course, he confessed and was charged in federal court. You can access a redacted copy of our Motion to Suppress and Memorandum of Law on the Motion to Suppress by clicking here.

You can learn more about Tim Zerillo and Zerillo Law, LLC by clicking here.

Maine Association of Criminal Defense Lawyers Presidency and CLE

2010-06-07T08:49:00.004-04:00

It has been a pleasure to serve as President of the Maine Association of Criminal Defense Lawyers over the past year. I was touched by the reception given to me, and have been proud to lead such an important organization.

Last week's CLE was an amazing event. I was pleased to get to know and introduce, among others, F. Lee Bailey, who is a living legend. A picture of myself and F. Lee Bailey to follow on this blog.

For more about Tim Zerillo and Zerillo Law, LLC, click here.

--Tim

Miranda is Upended by Supreme Court of the United States

2010-06-02T21:10:00.002-04:00

In tortured logic, the Supreme Court of the United States has held in Berghuis v. Thompkins (decided June 1, 2010), that to invoke Miranda rights, a suspect needs to say he or she invokes her right to remain silent. Yes, the irony of this is quite obvious.

Since Miranda is beng slowly stripped away, I am developing a card to give to people that you can keep with you and read to a police officer or simply hand to the officer if you are being questioned. If you want one, just send me an email: tim@getzerillo.com. Or, to learn more about Zerillo Law, LLC, click here.

Motion to Suppress Granted in Possession of Firearm By Felon Case because of Argument on Lack of Probable Cause

2010-05-20T13:19:00.005-04:00

I am very pleased to note that the Somerset County Superior Court granted our Motion to Suppress in a case where our Client was charged with a felony Possession of Firearm by a Felon and Cultivating Marijuana. The search of our Client's house came after a search warrant was issued and granted by a Magistrate Judge. We attacked the probable cause in the warrant affidavit based on the lack of reliability in the confidential informat's statements. The Court agreed, and granted our Motion to Suppress and Dismiss.

You can read my Memorandum in Support of the Motion to Suppress and Dismiss by clicking here.

You can find out more about Zerillo Law, LLC and Tim Zerillo by clicking here.

Informal Adjustment in Juvenile Terrorizing Case

2010-05-18T20:31:00.002-04:00

I am happy to note that we were able to achieve an informal adjustment in a Terrorizing case involving a bomb threat at a school by our client. With the informal adjustment, the case will not go to court, our client will do 30 hours of community services and the case will be dismissed. To find out more about erillo Law, LLC, visit our website by clicking here.

News: Sentencing in Cassidy Arson Case

2010-05-13T11:52:00.001-04:00

From the Portland Press Herald, sentencing in the Cassidy arson case. To hear how Zerillo Law, LLC can help you, please call us at 207-347-6063 or visit our website by clicking here.

Posted: 12:00 AM
Updated: 1:35 AM

Man gets eight years for string of arsons
Thomas Cassidy accepts responsibility for setting 15 cars on fire, saying 'I just want to get past this.'
By David Hench dhench@mainetoday.com
Staff Writer

PORTLAND - Thomas Cassidy stood before Superior Court Justice Jeffrey Moskowitz on Wednesday and said the hardships that led him to steal for his family, the drugs that helped him cope with his problems, were no excuse for the mistakes he had made.

Cassidy, 21, said he alone is responsible for setting fire to 15 cars in 2008, an unprecedented string of arsons on Portland's peninsula that caused more than $500,000 worth of damage to the vehicles and nearby buildings.

"I'm pleading guilty because I want to take responsibility," he said. "I just want to get past this."

Moskowitz sentenced Cassidy to eight years in prison and four years on probation, less than the 10 years prosecutors had recommended. He also was ordered to pay $11,780 restitution for uninsured property losses.

Moskowitz said that he was impressed by how Cassidy accepted responsibility, and that he believed his remorse was sincere.

The judge said it was the first time in more than 20 years on the bench that he had seen a defendant ask the courtroom media to carry an apology to his victims, people who lost their homes or lost jobs because they had no way to drive to work.

"I can't diminish the gravity of the offense, and anything less than eight years would do that," Moskowitz said. "I don't feel good about it at all."

Cassidy's family and his lawyer, Leonard Sharon, were persuasive in their bid for leniency.

Cassidy's older brother, Granier Cassidy, blamed himself for moving to the West Coast and leaving Thomas to care for the family after their father committed suicide.

"He was always such a good kid," Granier Cassidy said, weeping.

Cassidy's mother told of how he cared for her after she was seriously injured in an assault. She worried that her cynicism, a product of her own difficult life, may have contributed to his behavior.

On April 11, 2008, Cassidy set out at 4 a.m. on Sherman Street. For nearly two hours, he wandered across the peninsula setting fire to cars, sometimes breaking into them and stealing items.

Some of the car fires spread, including one at 141 Sherman St. that ignited an occupied six-unit apartment building.

Assistant District Attorney Deb Chmielewski described how one of the occupants, a disabled woman, called emergency workers for help because she couldn't get out.

Fortunately, Chmielewski said, nobody was hurt.

Cassidy was spotted near the scene of one of the last fires, and was found to have items that had been taken from one of the cars.

Cassidy ultimately pleaded guilty to 21 felony counts of arson. He says he has no memory of starting the fires, only of waking up in a puddle of vomit to the sound of fire engines.

Cassidy's inability to know why he set the fires makes it hard to be sure he won't do it again, the judge said.

The overall sentence was 22 years, with all but eight years suspended. If Cassidy violates probation after his release, he could be ordered to serve the entire sentence.

One person who spoke on behalf of Cassidy was his fiancee, Alicia Brown.

Brown and Cassidy have a daughter, born in April. They considered having an abortion but decided to keep the baby.

With time off for good behavior in prison, Cassidy could be released as his daughter is entering school.

"My (biological) father was never there when I was growing up. I don't want to be that guy," Cassidy said. "taking this plea, I know it may take time, but I will be there for my kid."

List of Top 8 Innocent People Put to Death in Capital Punishment Cases

2010-05-07T11:04:00.002-04:00

This interesting list of people who were put to death for crimes and later found to be innocent can be found if you click here.

For information on Zerillo Law, LLC and how we can assist you in your case, click here.

Kidnapping Dismissed for Plea to Misdemeanor Assault and 2 Days Time Served

2010-05-05T12:25:00.004-04:00

I was very pleased to achieve an excellent result for our client in a previously highly publicized case out of Oxford County. The charges were originally Kidnapping (Class A Felony) and Assault (misdemeanor, Class D). With exhaustive pre-trial preparation from our skilled investigators, we were able to establish that the Class A Kidnapping charge was inappropriate. The DA agreed today to dismiss the Kidnapping, in exchange for a misdemeanor Assault, with 2 days in custody (time already served) and a $500 fine. This was a great result for our client.

We are revamping our website, which will have a new Kidnapping page soon, since we do a lot of work in this area. To learn more about how Zerillo Law, LLC can help you out if you have legal problems, you can find our website if you click here. --Tim

Federal Motion for Reconsideration Release From Detention

2010-05-04T14:22:00.003-04:00

From time to time, I like to post motions we file, if they are short enough to fit in the space of a blog, about cases of interest. Enclosed is a pending Motion for Reconsideration of Release from detention in a federal possession of firearms by a felon case. This Motion is pending. Predecessor Counsel lost the bail hearing. We were hired and are trying to get our client released. For more information on Zerillo Law, LLC, click here.

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE

UNITED STATES OF AMERICA,

Plaintiff,

v.

****************,

Defendant.

MOTION FOR RECONSIDERATION OF ORDER OF DETENTION

NOW COMES the Defendant, ***********, who by and through Undersigned Counsel, respectfully moves this Honorable Court for the entry of an Order, granting his Motion for Reconsideration of his Order of Detention. The reasons for this Motion are set forth below:

1. On ********, the Honorable John Rich, United States Magistrate Judge, ordered the Defendant remanded to custody after a detention hearing in which he was represented by Predecessor Counsel, ********. The Defendant submits that he would like the opportunity to present new evidence that may cause the Court to grant release from detention in this case.

2. Title 18, United States Code, Section 3142(b) provides for pretrial release on personal recognizance or on an unsecured bond. It states that:
The judicial officer shall order the pre-trial release of the person on his personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that a person not commit a federal, or local crime during the period of his release, unless the judicial officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community.

3. Title 18, United States Code, Section 3142(f) provides for a review of the detention hearing. It states that:

The hearing may be reopened before or after a determination by the judicial officer, at any time before trial if the judicial officer finds that information exists that was not known to the movant at the time of the hearing and that has a material bearing on the issue whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person and the community.

4. In its Order on Detention, this Court concluded that Defendant did not provide a flight risk, but that he was a risk to his current wife and ex-wife. Likewise, there was a concern that ********’s mother was unable because of her age to be his third party custodian. The Court also found that the risk of harm to ********’s current wife and ex-wife was more acute based on his facing a substantial period of incarceration.

5. Part of the reasoning for detention appeared to be the confession by ********. A recording of the confession has been secured and now reviewed by the Undersigned. After hearing the recording, it is clear that ********’s “confession” will be the subject of a Motion to Suppress on at least two grounds: 1) the Defendant asserted that he wanted to stop answered questions prior to confessing, which was not scrupulously honored by law enforcement, and 2) the Defendant was promised that no charges would be brought if he informed law enforcement that he possessed guns. Therefore, the “confession” should not be considered as a part of the detention determination in light of the fact that the records reveal that suppression of the confession may be in the offing.

6. If released from custody, ******** would reside at his sister’s, ********, in ********, Maine. The Affidavit of ********, is attached to this Motion for Reconsideration. ******** can provide Defendant a house outside of the close proximity of ********, which was part of the Court’s concern about releasing Defendant. This new opportunity would place ******** outside of reasonable proximity of his wife.

7. ******** would remain at the home of ******** in ********, Maine unless he has an appearance in court, a reporting requirement with Pretrial Services, a doctor’s appointment for himself or his mother, or for the purpose of employment. He would abide by the conditions of all Protection from Abuse Orders.

8. ********’s mother is currently undergoing radiation treatment for cancer. He would like to be able to assist her in her medical appointments, when possible.

9. ******** does not have a passport, and is not a flight risk.

10. He agrees not to possess any firearms until this matter is resolved and the court formally orders that he may do so.

11. He agrees to avoid all contact with his current wife, ********, or ex-wife, ********.

12. He agrees to refrain from excessive use of alcohol.

WHEREFORE, the Defendant ******** prays that this Honorable Court grant his Motion to Reconsider Detention in this case and order an appropriate bond so as to secure his release from custody as he has no significant criminal convictions, is a lifelong resident of this area, and has close family ties.

Dated the 13th day of April, 2010, in Portland, Maine.

Respectfully submitted,

/s/ Timothy E. Zerillo
Counsel for Defendant
ZERILLO LAW, LLC
103 Exchange Street
P.O. Box 17721
Portland, Maine 04112
(207) 347-6063

News: 2 Charged In Heroin Trafficking

2010-04-27T18:47:00.001-04:00

From the Portland Press Herald. For more information on how Zerillo Law, LLC can help you if you have a case, click here.

4:29 PM

Westbrook police charge 2 with drug trafficking
By Trevor Maxwell tmaxwell@mainetoday.com
Staff Writer

Westbrook Police and the Maine Drug Enforcement Agency seized more than 5 grams of heroin and arrested two people on drug trafficking charges Monday night.

According to a media release from the Westbrook Police Department, officers stopped a vehicle on Main Street around 8:30 p.m.

Jennifer J. Grenier, 24, of Bridgton, was arrested on three outstanding warrants. She was transported to the Cumberland County Jail, where she was searched and allegedly was in possession of heroin.

Korey Kittrell Barnes, 30, of South Portland, also was arrested as a result of the traffic stop. He was charged with trafficking in scheduled drugs, unlawful possession of scheduled drugs, and possession of a usable amount of marijuana.

News: 3 Charged in Windham Bomb Explosion

2010-04-27T18:33:00.001-04:00

From the Press Herald. For more information on Zerillo Law, LLC, attorneys in Portland, Maine, click here.

3 charged in Windham bomb detonations
By David Hench dhench@mainetoday.com
Staff Writer

Windham police have charged three teenagers, one of whom is 18, with criminal use of explosives, after several homemade bombs were detonated.

Police charged Travis E. Carignan of Westbrook and two others this afternoon with felony charges after a series of seven detonations. Nobody was hurt but two mailboxes were damaged.

Windham police and the state Fire Marshal's Office are continuing to investigate.

Police say the bombs were made from toilet bowl cleaner and other household materials based on instructions found on the Internet. The suspects were fortunate their hands or eyes were not injured, police said.

Police say the bombs were detonated in different sections of town, including Lazy Acres Lane, Highland Cliff Road, Webb Road and Covered Bridge Road.

Assault Dropped for Disorderly Conduct

2010-04-27T18:04:00.002-04:00

We were able to achieve a small fine for a Disorderly Conduct plea drop down from a viscious assault that took place at PT's Show Club that was witnessed by the arresting officer. For more about Zerillo Law, LLC, feel free to stop by www.getzerillo.com, or for more info on Tim Zerillo, click here.

Tim Zerillo Quoted in Article on Changes to Sex Offender Registry in the Kennebec Journal

2010-04-12T15:38:00.002-04:00

Tim Zerillo of Zerillo Law, LLC was quoted in today's Kennebec Journal in an article by Betty Adams on recent legislative changes to Maine's Sex Offender Registry.

Changes to offender registry not seen as enough
Some defense attorneys sought more
By Betty Adams badams@centralmaine.com
Staff Writer

AUGUSTA -- The latest legislative session brought more changes to the state's Sex Offender Registration and Notification Act -- but not enough, some defense attorneys say.

Public Law Chapter 570 says registered sex offenders convicted between 1982 and 1999 will be allowed to verify their registration information more often by mail instead of in person, and more of them will be eligible to apply to be relieved of registration requirements.

The law went into effect March 30.

The changes were aimed at bringing provisions into line with a recent Maine Supreme Court decision regarding Eric Letalien, convicted in 1996 of gross sexual assault against a 13-year-old girl.

At that time, Letalien was classified as a 15-year sex offender registrant and permitted to apply for a waiver of registration after being on it for five years.

The supreme court ruled that Letalien could not be retroactively forced to become a lifetime registrant -- something that required him to reregister in person every 90 days for the rest of his life. The court ruling said he also could not be blocked from an option to apply for a registration waiver.

Walter McKee, past president of the Maine Association of Criminal Defense Lawyers and chairman of its Legislative Committee, said the most recent law changes could have gone further.

"As much as it would have been preferable to just delete the retroactivity outright, in a small way, this makes the system a little more fair and makes registration a little less onerous," McKee said.

Timothy Zerillo, a Portland lawyer and president of the association, concurred.

"It's a good half-measure in the sense that it gets rid of some of the retroactivity, but it's only a half measure," Zerillo said.
Another lawyer, Jim Mitchell, who represents a number of clients who challenged the constitutionality of the state's sex offender registration law, said the changes will have little effect on those cases.

"It looks as though it leaves us where we were under the old law in terms of our clients," Mitchell said. "It appears to me that (legislators) made the minimum required changes to try to conform to the law court's decision in Letalien."

Fourteen of those plaintiffs, all known as John Doe, were removed from the registry under the law change last September.

"It doesn't appear that the new law is going to help the ones who couldn't get off the registry to begin with," Mitchell said.

The provisions of Public Law 570 are complicated, and Laura Yustak Smith, an assistant attorney general, said the department is preparing letters to current registrants listing their obligations under the law.

She said the new law changes the verification procedure "to bring it into line with what we believe is constitutional. It tracks the Alaska law, which was found to be constitutional by the U.S. Supreme Court."

Smith distinguishes between registration and Web publication of information.

"Registration is filling out the paperwork, verifying your address, notifying of changes in school and place of work," Smith said. "The Web site maintained by the State Bureau of Identification is the legislatively mandated means of publicizing certain information maintained by the registry. That Internet site is just one piece and is a means of communicating certain information to the public."

Maine currently has two tiers of sex offender registrants. Matt Ruel, director of the State Bureau of Identification, which maintains the sex offender registry, said Friday there are 3,070 people on the registry -- 80 percent of them lifetime registrants.

Since a law change in September 2009 allowed certain individuals to apply for a waiver, 371 people have been removed from the registry, Ruel said. Under the new law, people convicted between 1982 and 1999 who meet certain criteria can seek a waiver. He said the bureau so far has received several requests for applications for removal under the new law.

Text of the law is available on the Web at http://www.mainelegislature.org/legis/bills/display_ps.asp?paper=HP1305&PID=undefined&snum=124

Betty Adams -- 621-5631

badams@centralmaine.com

Governer Signs Emergency Sex Offender Bill Into Law

2010-04-01T10:30:00.002-04:00

Governor Baldacci signed into law LD 1822 which makes changes to sex offender registration in emergency legislation. A summary of the new legislation follows. For information on Zerillo Law, LLC's practice or sex crimes, visit www.getzerillo.com.

SUMMARY

On December 22, 2009, the Maine Law Court issued its decision in State v. Letalien, 2009 ME 130. The Law Court held that "the retroactive application of the lifetime registration requirement and quarterly in-person verification procedures of SORNA of 1999 to offenders originally sentenced subject to SORA of 1991 and SORNA of 1995, without, at a minimum, affording those offenders any opportunity to ever be relieved of the duty as was permitted under those laws, is ... an unconstitutional ex post facto law...." The Law Court stayed the mandate of the decision until March 31, 2010 in order to provide the Legislature the opportunity to deal with the issue. This bill of the Joint Standing Committee on Criminal Justice and Public Safety responds to the constitutional concern raised in Letalien in 2 ways.

First, it amends the in-person verification provisions to conform with those of Alaska that were found constitutional by the United States Supreme Court in Smith v. Doe, 538 U.S. 84 (2003). Maine's ex post facto clause is interpreted consistently with the United States Constitution, so this bill provides for verification for persons retroactively required to register as lifetime registrants that is consistent with the Alaska law found constitutional in Smith v. Doe. In particular, the bill amends the verification of registry information for persons sentenced on or after January 1, 1982 and prior to September 18, 1999. For 10-year registrants sentenced during that time period, the Department of Public Safety, State Bureau of Identification shall verify the registration information in writing as provided by the bureau on each anniversary of the registrant's initial registration date and once every 5 years in person. For lifetime registrants sentenced in that time period, the bureau shall verify the registration information in writing as provided by the bureau every 90 days after that lifetime registrant's initial registration date and once every 5 years in person. The bill also provides that if there is a reason to believe the offender's appearance has changed significantly, the law enforcement agency or the bureau may instruct the offender in writing to appear in person at the registration agency with a current photograph or to allow a photograph to be taken or, if authorized in writing by the law enforcement agency or the bureau, to submit a new photograph without appearing in person.

Second, the bill expands the provisions to allow certain registrants to be relieved of their duty to register on application and proof of legislatively established factors. An additional waiver scheme that authorized registrants to petition the court for relief from the duty to register was not included in the bill at this juncture due to a substantial fiscal note from the judicial branch, but may be considered again in the next legislative session.

Specifically, the bill expands the existing exception that was enacted pursuant to Public Law 2009, chapter 365 to allow the opportunity for additional registrants to provide documentation to the State Bureau of Identification to determine if they qualify for relief from the duty to register. First, it allows persons sentenced in Maine on or after June 30, 1992 and prior to September 18, 1999 who were finally discharged from the correctional system at least 10 years prior to applying for relief and who meet the other existing factors of the Maine Revised Statutes, Title 34A, section 11202A to apply. Second, it allows persons sentenced in Maine on or after September 18, 1999 and prior to July 30, 2004 for a violation of former Title 17A, section 252 who were finally discharged at least 10 years prior to applying for relief and who meet the other existing factors of Title 34A, section 11202A to apply. The former crime of rape was added to the list of registerable offenses pursuant to Public Law 2003, chapter 711, so people convicted of rape prior to that law, which became effective on July 30, 2004, were also retroactively made lifetime registrants. Finally, it allows persons sentenced in another jurisdiction who were finally discharged from the correctional system at least 10 years prior to applying for relief, who have been in full compliance with the registration duties as a resident required under Title 34A, section 11202A, subsection 2 since September 12, 2009 and who meet the other existing criteria of Title 34A, section 11202A to apply. The intent of the amendments to Title 34A, section 11202A is to make the relief process available to Maine residents with out-of-state convictions, but not to encourage convicted offenders to move to Maine solely to evade registration requirements in their home states or in Maine. Accordingly, the legislation sets a date of September 12, 2009, the original effective date of this statutory exception, as the deadline by which persons with out-of-state convictions that require registration must be residents in compliance with Maine's Sex Offender Registration and Notification Act of 1999 in order to qualify. This reduces the likelihood that persons will move to Maine primarily to take advantage of the exception. It also reduces the likelihood of factual disputes over residency status, as the determination depends on registration and verification paperwork that the registrant must already have filed with the State Bureau of Identification as part of the registration and verification process, and in which the registrant would have identified his or her own status. It decreases the burden on both the State Bureau of Identification and the applicant regarding obtaining documentation to establish residency for the purposes of the exception. Finally, it significantly reduces the likelihood of applicants fabricating evidence of residency for the purposes of the exception.

The bill also changes the calculation of the 10-year registrant start times in Title 34A, section 11225A to make consistent the calculation of the 10-year registration period imposed retroactively for 10-year registrants sentenced January 1, 1982 to June 30, 1992 with that for 10-year registrants sentenced June 30, 1992 to September 17, 1999.

Concern About Validty of Forensic Evidence By Federal Judge

2010-03-30T13:48:00.002-04:00

US District Court Judge in Massachusetts expresses concern regarding forensic evidence. For criminal defense help, please call Zerillo Law, LLC at 207.347.6063 or visit www.getzerillo.com.

US judge urges skepticism on forensic evidence
Gertner says she’ll expect defense lawyers to challenge its validity
US District Court Judge Nancy Gertner (left) has urged defense lawyers and prosecutors not to assume that evidence presented in court is valid.

By Jonathan Saltzman
Globe Staff / March 29, 2010

“CSI’’ may make for gripping television, but US District Court Judge Nancy Gertner says forensic evidence isn’t everything it’s cracked up to be.

In a move that some legal scholars said may be the first by a federal judge, Gertner has ordered defense lawyers and prosecutors not to assume that evidence routinely accepted in the courts for decades is reliable. Defense lawyers, she wrote, should vigorously challenge fingerprints, bullet identification, handwriting, and other trace evidence, and prosecutors should be prepared to show it is valid.

“In the past, the admissibility of this kind of evidence was effectively presumed, largely because of its pedigree — the fact that it had been admitted for decades,’’ Gertner wrote in a March 8 order. “As such, counsel rarely challenged it, and if it were challenged, it was rarely excluded or limited.’’

That needs to change, she said. A critique last year by the National Academy of Sciences, she noted, concluded that forensic evidence used to convict thousands of defendants for nearly a century is hardly the infallible proof of police procedurals on television. Too often, the study found, it is the product of sloppy practices that should be improved and standardized.

Spurred by the report and criminal cases she has presided over, Gertner wrote that the validity of such evidence “ought not to be presumed’’ and that defense attorneys should contest it at pretrial hearings, or explain why they do not. She will allow the evidence to go before a jury only if it meets sound scientific principles.

Defense lawyers and advocates for people who have been wrongly convicted of crimes welcomed Gertner’s order.

“It’s a wakeup call not only to other judges and to prosecutors but frankly to defense attorneys who for years — despite the rising tide of scientific reports indicating that many of the so-called tried-and-true disciplines were not in fact so true — rarely did their homework to mount serious challenges,’’ said Peter Neufeld, a cofounder of the New York-based Innocence Project. The nonprofit group uses DNA evidence to exonerate wrongly convicted prisoners.

Neufeld, who testified before the panel of scientific and legal experts that produced last year’s report on forensic evidence, said a recent study he co-wrote for the Virginia Law Review found that flawed forensic testimony contributed to 60 percent of 137 wrongful convictions later overturned through DNA evidence. That makes misapplied forensic evidence the second-leading cause of wrongful convictions, behind eyewitness misidentification, he said.

A spokeswoman for US Attorney Carmen M. Ortiz of Massachusetts declined to comment on Gertner’s order.

Jennifer Mnookin, a professor at UCLA’s School of Law and leading scholar on expert and scientific evidence, said she was unaware of any other federal judge who has issued such an order, although judges have refused to let shaky scientific evidence go before juries after pretrial hearings.

Mnookin said forensic testimony is highly persuasive to juries but that the February 2009 study by the National Academy of Sciences, the nation’s most prestigious scientific body, underscored that the evidence often does not meet the basic requirements of good science.

She said, for example, that fingerprint experts often make extravagant claims on the stand, such as that a latent fingerprint recovered at a crime scene could only have come from the defendant and no one else in the world.

Gertner, who is generally popular with the criminal defense bar but viewed skeptically by some officials in law enforcement, has long been critical of such claims.

In 1999, she held that a handwriting expert could testify to similarities between handwriting samples but not give an opinion about whether the same person wrote both notes. Six years later, she issued a similar ruling concerning ballistics, blocking a Boston police sergeant from testifying that marks on shell casings proved they came from a recovered pistol and no other firearm.

In recent years, the reliability of some forensic evidence has been attacked because experts misinterpreted it or because the science behind it was discredited.

In 2004, for example, the National Academy of Sciences issued a report discrediting the FBI technique of matching the chemical signatures of lead in bullets at crimes scenes to similar bullets possessed by suspects. The FBI discarded the technique.

Also in 2004, a prison inmate, Stephan Cowans of Roxbury, was exonerated in the 1997 gunshot wounding of a Boston police sergeant after law enforcement officials acknowledged that a thumbprint on a glass mug found near the crime scene had been misidentified as his. In the wake of the blunder, the city shut down the police fingerprint unit until it was overhauled.

John H. Cunha Jr., a Boston lawyer who failed to persuade the state Supreme Judicial Court in 2005 to bar fingerprints analysis from being presented in all state criminal trials until it was subjected to rigorous scientific scrutiny, said he hopes Gertner’s order means judges will be more vigilant about letting juries hear forensic testimony.

“Just because something’s been around for a hundred years doesn’t mean it’s reliable. Astrology has been around for centuries,’’ he said. “The stakes are too high in our society to be using junk science and putting it before juries which think that it’s gold.’’

Jonathan Saltzman can be reached at jsaltzman@globe.com.

Boston Globe Article on Soldier's Dismissed Drug Charges

2010-02-23T10:13:00.003-05:00

Here is an article on our clients dismissed federal drug charges in today's Boston Globe. Our Client was represented by Criminal Defense Lawyer Timothy Zerillo.

Drug charges dropped against soldier
Associated Press / February 23, 2010

PORTLAND, Maine - A man who helped arrange a drug deal that brought a large amount of cocaine into Maine is being allowed to return to the Army - and do a second combat tour in Afghanistan.

Mathew Meineke faced the prospect of five years in prison because of the drug deal in 2006. Afterward, the Colorado native cleaned up his life, enlisted in the Army, and served in Afghanistan as a forward observer for his infantry unit from July 2008 to June 2009. While in Afghanistan, he was indicted.

This month, Meineke got a rare break. Defense lawyer Tim Zerillo asked federal prosecutors to consider dropping the charges, and they agreed to do that.

“All he wants to do is to be able to serve his country,’’ Zerillo told the Portland Press Herald. “His highest and best use is not in a federal prison, it’s in Afghanistan protecting us and everyone else.’’

The lawyer said Meineke had cleaned up his act, returned to his parents’ home in Lakewood, Colo., and joined the Army before he was indicted. The two coconspirators received sentences of four and five years in federal prison. Meineke was arrested after returning to the United States in June 2009.

Zerillo asked prosecutors to consider diverting the case, in effect dismissing the charges. In exchange, Meineke promised not to commit other offenses and agreed to a set of conditions for 18 months.

US Attorney Paula Silsby approved the deal. “It gives people a chance not to have a criminal charge,’’ she said. “That is infrequent, but it is an option.’’

© Copyright 2010 Globe Newspaper Company.

Kidnapping Charge Dismissed in Oxford County

2010-02-23T10:10:00.002-05:00

We had a pre-indictment, CLass A Kidnapping charge in Oxford County dismissed today. Dismissal achieved by Defense Lawyer Tim Zerillo.