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January 2012 Archives

Bail Reconsideration in Manslaughter Case - CBS News Bangor

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

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

"Injustice anywhere is a threat to justice everywhere."--MLK Jr.