ROCKLAND — Closing arguments have been scheduled for 9:30 a.m. Friday in Knox County Superior Court on a motion for a new trial for convicted murdered Dennis Dechaine, 34, of Bowdoinham. Dechaine is serving a life sentence at Maine State Prison for the July 1988 murder of Sarah Cherry, 12.
Defense Attorney Thomas Connolly of Portland has based the new trial effort on an alternate murder suspect, Douglas Senecal of Phippsburg. All evidence of Senecal’s actions were excluded during Dechaine’s 1989 murder trial. Connolly has argued that the police investigation focused solely on Dechaine, to the exclusion of all other evidence.
That evidence was brought before Justice Carl O. Bradford in court this week. Although Senecal was mentioned constantly this week, he was not called to the stand, as expected. The defense lost several rounds during the hearing, when various testimony was ruled inadmissible by Justice Bradford.
The Knox County courtroom was filled with Dechaine’s supporters again Thursday. When they audibly objected to one of Justice Bradford’s ruling, the judge threatened to clear the room of all spectators. Dechaine supporters have attended each day, dressed in lime-green T-shirts with the statement “Trial and Error.”
Under heavy fire from Assistant Attorney General Eric Wright, who objected that the testimony was inadmissible, Connolly got Patrick Senecal to testify that he and another brother had discussed Douglas Senecal’s involvement in the Cherry murder. Patrick Senecal also testified that Douglas had threatened his life. After a lengthy sidebar conference, out of earshot of the witness, Justice Bradford explained that he had ruled the testimony inadmissible under the “trustworthy rule” because of heavy drinking at the time of the conversation.
The defense was relying on witness Robert Lapierre, subpoenaed from California at state expense, to link Senecal to the Cherry murder. But on the stand Thursday, Lapierre denied that he ever heard Senecal admit that he was involved. Lapierre was not allowed to answer a question posed by Connolly, whether Cherry was a possible witness in a sexual abuse case against Senecal.
Once the defense rested, police witnesses denied they disregarded tips about a truck carrying Senecal and a screaming child, reported on the night of Cherry’s disappearance. Defense witness Ralph Jones on Wednesday said he saw the truck near his driveway and reported the incident to state police, but did not identify the man’s voice until sometime after the murder.
Primary investigator of the Cherry murder, retired state police Detective Alfred L. Hendsbee, said he never met Ralph Jones and never heard reports about a screaming girl in a truck on the Dead River Road. “I don’t ever recall talking to Ralph Jones,” Hendsbee said.
The log at the police command post shows no evidence of Jones’ visit, according to Detective Ronald B. Jacques. “The last time I talked to Jones was the day I arrested him (on an unrelated charge),” Jacques said.
As Connolly hammered away at state investigators, Detective Steven Drake denied that he ever told defense witnesses to avoid court appearances unless subpoenaed. Detective Patrick Lehan denied that it was “state police policy to avoid saying things in court which might hurt a case,” as suggested by Connolly.
Tom Austin, who runs a Bath convenience store, said one defense witness who testified Wednesday had a “chip on her shoulder” against Senecal.
On the day of the murder, Senecal purchased a saw blade at the Bath Lumber Co., testified manager Lucien Tardif. Tardif was unable to place the exact time of the purchase, but estimated the time at 12:30 to 1 p.m., the time of Cherry’s abduction.
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