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AUGUSTA — Steven R. Fortin, 30, pleaded guilty Wednesday morning to viciously battering and sexually attacking Maine State Police Trooper Vicki Gardner on April 3.
He also admitted he was drunk, stole Gardner’s cruiser and demolished it alongside Interstate 95 in Pittsfield.
David Crook, district attorney for Somerset and Kennebec counties, recommended to Justice Donald Alexander in Kennebec County Superior Court Wednesday that Fortin receive a 20-year sentence. The guilty plea occurred the day before Fortin’s case was to be presented to a grand jury, and will allow Gardner to escape testifying.
“I have no desire to have Vicki be required to testify in any proceeding regarding the personal side of her attack,” said Crook.
Crook also had the affidavit filed by Gardner impounded, as were graphic police photographs of Gardner’s battered and bruised body.
Sentencing by Alexander was delayed, possibly until August, pending forensic, psychological and psychiatric examinations of Fortin.
Fortin’s attorney, Dale Thistle, said that depending on the results of the mental health testing, he may attempt to change Fortin’s guilty plea.
Fortin pleaded guilty to aggravated assault, attempted gross sexual assault, unlawful sexual contact, robbery, eluding a police officer, assault on a police officer, operating a motor vehicle while under the influence of intoxicating liquor and theft by unauthorized taking. He is being held in Kennebec County Jail.
Fortin also is no longer eligible for the $1 million bail set for him immediately after his arrest.
After Wednesday’s hearing, Thistle said that mental health tests on his client would be carefully reviewed and if they revealed any “major mental health” concerns, he would attempt to remove Fortin’s guilty pleas.
“But any defense based on `not guilty by reason of insanity’ is a long shot,” said Thistle.
“This man is not insane,” said Crook. “He may have done insane things which rational people cannot comprehend. But he is not a psychopath or a sociopath or anti-social. This is a person who should never, never be released.”
In describing to Alexander what he called “voluminous evidence,” Crook detailed the series of incidents that led up to and included the brutal attack on Gardner, an 11-year veteran of the Maine State Police.
Crook said Gardner was off-duty and driving on I-95 in Pittsfield when she saw Fortin’s car make a U-turn in front of her. She stopped to investigate and discovered he was intoxicated.
Gardner began processing him for drunken driving and had finished all the resultant paperwork, including a breath test to check his level of intoxication, when Fortin suddenly attacked her.
He beat her viciously on the head, face and body, said Crook, and Gardner lapsed in and out of consciousness. Crook said part of Gardner’s clothing was removed, sexual contact took place and a rape was about to occur when a backup officer arrived on the scene. Crook said he believes it was the arrival of the backup officer that saved Gardner’s life.
Fortin sped from the scene, driving Gardner’s cruiser. Gardner regained consciousness, opened the passenger door, hung out and dropped herself onto the roadway, Crook said.
The breath test and other arrest paperwork were recovered from alongside the road after Fortin crashed the cruiser, demolishing it. The breath test showed his alcohol level to be 0.15, nearly twice the legal limit. After a brief chase, Fortin was arrested.
Crook said Fortin told police that Gardner offered him a way to get out of going to jail on the drunkendriving charge. He said she wanted to have sex with him, and that he only beat her to ward off her advances.
“This case is absolutely overwhelming,” said Crook. “This man is an animal.”
After his arrest Maine authorities asked officials in Fortin’s previous hometown, Woodbridge, N.J., to do a background check. When Maine police said that Fortin had bitten Gardner during the attack, New Jersey officials began linking Fortin to the Aug. 11, 1994, killing of Melissa Padilla, 25.
Padilla had been raped, strangled and bitten, and her body was stuffed into a drainpipe. Fortin was never considered a suspect in the Padilla killing before the Maine incident.
“This Maine incident solved a New Jersey homicide,” said Crook.
Crook said Wednesday that New Jersey authorities have amassed numerous pieces of forensic evidence, including teeth impressions, fingernail scrapings, and semen samples they believe will lead to Fortin’s conviction for Padilla’s murder.
Crook said that all previous convictions are taken into consideration in New Jersey during the sentencing phases of trials. New Jersey has the death penalty and Crook said Fortin’s convictions on the Maine charges will play a key role in New Jersey’s ability to seek the death penalty.
In addition, Fortin was convicted of the stabbing death of his brother in New Jersey in 1983. He served less than three years for that killing and continued to pile up a lengthy list of court convictions.
After Fortin’s sentencing later this year, New Jersey will seek to have Fortin sent to that state to stand trial for Padilla’s murder, said Crook.
Trooper Gardner has returned this week to light-duty assignments at the Maine State Police Crime Lab.
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