Fort Kent man’s conviction stands > Violation of rights in robbery case fails to overturn original court ruling

PORTLAND — Errors committed during the trial of a Fort Kent man were not great enough to throw out his conviction in a home invasion robbery in which intruders mistakenly believed $1 million was stashed in a house, the state supreme court said Thursday.

Steven Boucher and his brother were ordered to serve eight years apiece in prison for their role in robbing the family of an Aroostook County accountant who pleaded guilty to embezzling before he died.

Boucher appealed on the grounds that his rights were violated by incriminating evidence that pointed toward him by witnesses who were called to testify against his brother.

The Maine Supreme Judicial Court agreed in a unanimous ruling that Boucher’s rights were violated by the testimony but found that the error did not warrant throwing out the convictions, especially since Boucher’s lawyers did not object during the testimony.

Boucher’s lawyers vigorously rejected the court’s finding that they did not object to the testimony.

“We objected over and over and over again” during pretrial motions up until the moment the jury entered the courtroom, said Christopher Leger, one of Boucher’s lawyers.

Leger and the lead attorney, Peter Kelley, are considering an appeal to the U.S. Supreme Court.

Boucher, his brother and two others were charged in the robbery in which the accountant’s widow, Beulah Dubois, was forced to the floor at gunpoint and bound with duct tape. The intruders also put tape over the mouth of Beulah’s 8-year-old grandson to keep him from screaming.

The group, which was armed, wore gloves and ski masks, and used walkie-talkies to communicate, saved the worst of the assault for Beulah Dubois’s adult son, who was upstairs watching TV.

While Steven Boucher stood watch outside, one of the intruders inside jammed a knife under Richard Dubois’ fingernails to try to get him to tell where the money was stashed, law enforcement officials said.

Instead of finding $1 million the brothers believed had been hidden in the house, they found some Canadian money, a collector’s $500 bill, some guns and jewelry.

During the trial, several witnesses testified that Scott Boucher admitted being involved in the robbery along with others, although Steven Boucher’s name was never mentioned.

The supreme court agreed with Steven Boucher’s contention that jurors could deduce that witnesses were referring to him even though his name was never mentioned in the testimony.

“Scott’s confessions, as admitted evidence, obviously referred directly to Steven, an inference that the jury could have drawn simply from Steven’s status as co-defendant,” Justice Howard Dana wrote.

Although the testimony violated Steven Boucher’s constitutional rights, it did not necessarily warrant overturning his conviction because his lawyer did not raise an objection during the trial, Dana wrote.

The justice also noted that the testimony in question only corroborated what other witnesses said about Steven Boucher’s involvement.

Steven Boucher must report to prison now unless his lawyers file another appeal. His brother reported to prison after his appeal was rejected by the state supreme court last month.

One of the men initially charged was found innocent during a trial. Another suspect cooperated with investigators in hopes of serving less than a year for his part in the robbery.

Assistant Aroostook County District Attorney John Pluto said he is happy to put the bulk of the complicated case behind him.

“I’ll probably not handle another case quite like this ever again, even if I practice another 50 years,” he said.