March 28, 2024
BANGOR DAILY NEWS (BANGOR, MAINE

$50,000 bail default judgment imposed on convicted arsonist

The state won a $50,000 judgment Tuesday against William Berkley who has not shown up to serve an 18-month sentence after he was convicted of setting fire more than five years ago to Adm. Richard Byrd’s former summer home in Sullivan.

Berkley, who last December lost an appeal of his conviction, did not show up for a hearing Tuesday in Penobscot County Superior Court in Bangor before Justice Eugene Beaulieu. His attorney, Jerome Goldsmith, cited Berkley’s ill health as the reason, but District Attorney Michael Povich said this was “a dodge.”

Now, with the order for judgment on the $50,000 defaulted bail, Povich is free to try to collect the money wherever he can.

When Berkley failed to appear in December, a Hancock County Grand Jury indicted him for jumping bail. Povich filed a motion for judgment of default Feb. 23, and a hearing was set for March 6.

Berkley received notice of that hearing, Povich said in court Tuesday. Berkley’s wife is at the couple’s home in Belmont, Mass., Povich said, but Belmont police have been unable to locate Berkley. He is in almost daily contact by phone with his lawyer, the DA said.

On Monday, the Superior Court in Ellsworth received a four-line, hand-written request by Berkley to “stay judgment pending filing writ of Cheritianti in the Superior Court of the United States.” Court officials said Berkley may have meant “certiorari,” a writ from a superior court calling for a review of the records of a lower court.

Beaulieu said he did not have two fax transmissions from Berkley which attorney Goldsmith presented in court Tuesday specifying medical reasons for Berkley’s absence.

Justice Bealieu told Goldsmith the faxed memos were “not sufficient,” pointing out they had not been notarized and had been sent only to Goldsmith.


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