ELLSWORTH — Four months after he was acquitted of having unlawful sexual contact with a teen-age girl, a Bucksport man continues to find himself under a cloud of suspicion.

Still contending that Michael Longo is a substantiated sex offender, the Department of Human Services last week filed a protection order in Hancock County District Court seeking custody of the three children living with Longo and his wife, Grace Hansen-Longo.

The action highlights the different standards used in criminal and civil matters. During a criminal trial the prosecution must prove beyond a reasonable doubt that someone has committed a crime. But in a civil case the plaintiff has a lesser burden and only needs to establish that the allegations more likely than not are true.

Calling the department’s move “fairly unusual,” DHS spokesman David Winslow said last week that in a handful of cases each year, “When we believe, in spite of the criminal charge, that we have evidence we can present to the judge, and that we can make a case on the civil side, we’ll do it.”

“The system is designed for this by virtue of having two standards of evidence,” Winslow continued. “Since we have lower and higher standards, we have to assume in some cases that there would be evidence that falls in-between.”

But Longo’s attorney doesn’t see it that way. “This is a blatant attempt by DHS to get a second bite of the apple,” said Andy Slater of Hancock.

“The jury is tasked in our criminal system to listen to evidence and divine the truth from that evidence,” said Slater. “Based on those jurors finding the statements or the witness or both to be completely unreliable, DHS is coming in right behind them and saying, `We don’t care what you 12 people think or about your duty to divine the truth or about whether you find the witnesses credible or not. We have already substantiated the case based on our own investigation, and we have the luxury of a lower standard of proof.’ ”

From his office in Aurora, Colo., attorney Rowe P. Stayton had a similar reaction. “This is outrageous,” said Stayton, who represented Longo during the two-day court battle in Ellsworth last June. “[The jury] listened to both sides and had no problem acquitting [Longo] in less than an hour. Now we have a DHS caseworker deciding the jury system is wrong, that it did happen and that consequently he can’t have a relationship with his children.”

Calling the allegations “a classic case of he said, she said,” Stayton said he argued during the trial that it was the girl, now 15, who made the sexual overtures.

Under cross-examination, the teen-ager changed her story a number of times, according to the attorney, who said he pointed out during the trial that Longo had informed the girl’s mother about her daughter’s sexual acting out.

Noting that the mother and Longo once had a relationship and that they share a young son, Stayton said he contended in the courtroom that “the mother’s demeanor encouraged allegations about Longo because the girl could sense that [the mother] was upset about Mike moving on.”

The trial was straightforward and involved very few objections, according to Stayton. “It’s rare that jurors actually seek out a defendant to talk to him,” he said. “But after the trial, three of the men walked up to Longo and said, `Congratulations, what’s it like to be falsely accused?’ ”

Deputy District Attorney Steven Juskewitch, who prosecuted the case, is not surprised at the turn of events. “It’s absolutely appropriate that DHS is doing this,” he said. “They’re charged with protecting young children. The trial doesn’t decide one way or another if there’s jeopardy to the children. All [the acquittal] means is that there wasn’t enough evidence to convince those people that criminal conduct [took place].”

For the Longos, the prospect of yet another hurdle to overcome cuts deep. “I really thought this was over,” said a grim-sounding Michael Longo last week. “We’re worried and angry — we’re both in a state of shock. Before the trial it was a living hell, I lost everything I had. We all had to go through a year of counseling.”

Added Grace Hansen-Longo, “I felt like we were finally getting our lives and our family back together. I’m dumbfounded; I can’t believe that even after someone’s [acquitted] that DHS can still try to take your children away and make your life miserable.”

Grace Hansen-Longo has two daughters, ages 8 and 11, from a previous marriage. She and Michael Longo also have a 3-year-old daughter.

A civil hearing following close on the heels of a criminal trial likely brings to mind the famous O.J. Simpson case from several years ago, according to Slater.

“But with O.J. Simpson, the state was not a party in the civil action,” he said. “In this case, it’s the same facts, the same situation and the same parties with no new evidence. I fail to see how the state can come back … and say, `Well, under the lower standard of proof, our witness will be more credible.’ ”

“My quandary is,” he continued, “if DHS has substantiated this case, either with other evidence or based solely on the testimony of a minor, why wasn’t this evidence brought forth in the criminal trial?”

The attorney also took issue with school officials who in late August allowed the two older children to be interviewed at their respective schools without notifying their mother.

State law permits DHS to interview a child without prior notification to parents when the department has reason to believe that prior notice would increase the threat of serious harm to the child, Slater pointed out.

But the school allowed that interview to happen without investigating what those reasonable grounds were, the attorney said.

“I really think the schools have stepped on the children’s and the entire family’s rights to confidentiality and exposed themselves to potential liability,” he said.

Slater also maintained that the department did not offer Michael Longo services to try and keep the family together as dictated by the “reasonable efforts” standard included in state and federal regulations.

But DHS’ Winslow said his department did its job. “We feel we have met the reasonable efforts standards — there can be any number of different scenarios that could meet that standard. Clearly, if we didn’t meet [it] we couldn’t be bringing back the case.”

Meanwhile, halfway across the country, Stayton said he was seriously considering suing the state for violating the Longos’ civil rights. Other claims may surface, he said, adding that he is looking for a local attorney to work with.

The situation is “a power trip for DHS,” Stayton said.

“If they were really concerned about children, then they would know these kids need to have a relationship with their father,” he added. “These kids, by losing their daddy, will suffer irreparable harm, and the state doesn’t seem to care.”