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Tim Zerillo Gets Cases Severed in Publicized Sex Case

Attorney Zerillo represents a Client in a publicized sex case in coastal Maine.  The allegations have been combined in the Indictment to charge multiple counts with multiple victims in the same Indictment.  The State can join counts in an Indictment if they arise out of a common scheme or plan.  See M.R.Crim.P. 8(a).  This creates a very difficult case from a trial perspective if you have multiple alleged victims saying the same thing.  The jury could conclude that where there is smoke there is fire.

Further, there is a very troubling 2012 case, State v. Lemay, found here.  There, the Maine Supreme Court significantly restricted the argument that there are 5th Amendment rights at play that should allow for severance.

After a lot of work, we were able to distinguish Lemay on both 5th Amendment and prejudice grounds.  The judge hearing oral argument did a great job of very carefully focusing on the prejudice to our client and severed the cases in the indictment after much persuasive argument from the State DA.  This is a great victory for our client.

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