Prospect Harbor man gets 25 years for rape

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ELLSWORTH – A Prospect Harbor man convicted last November of kidnapping and rape was sentenced Friday to 25 years in prison, despite motions by his attorney to have the guilty verdict thrown out and a new trial granted.

The extensive prior record of Eugene Merchant, 38, which includes a rape conviction in 1986, figured heavily into the sentence issued by Justice Jeffrey Hjelm.

Sitting in Hancock County Superior Court, the judge said Merchant has shown no remorse and taken no responsibility for the December 2000 kidnapping and rape of a 17-year-old girl in Sullivan.

The fact that Merchant was on state and federal probation for prior convictions of assault and possession of a firearm by a felon when he raped the girl demonstrates that probation is ineffective for the convicted man, Hjelm said.

“Public safety is an important consideration here,” Hjelm stressed, adding that none of the 25-year sentence will be suspended.

Merchant didn’t address the court before he was sentenced. After the hearing, Merchant, his sister and his attorney reviewed appeal documents.

Hjelm announced the sentence after denying motions by Merchant’s attorney, Julio DeSanctis of Orrington, to have the guilty verdict vacated and a new trial granted. The motions were filed after Merchant found out one of the jurors for his trial, Wesley Copperthwaite of Ellsworth, is his blood relative.

During a presentence hearing, Merchant’s mother, Ella Merchant of Prospect Harbor, testified Friday that Copperthwaite’s grandfather and her father were brothers. She said she suspected Copperthwaite was a relative before testimony in the November trial began, but she didn’t know how he was related.

She has stated publicly that she thought the trial was unfair because of Copperthwaite’s inclusion on the jury.

Eugene Merchant testified Friday that he told DeSanctis about Copperthwaite before the trial began, but the attorney wanted the Ellsworth man on the jury because Copperthwaite has law enforcement experience. Merchant asked DeSanctis to tell the judge about Copperthwaite, but DeSanctis did not, Merchant said.

Copperthwaite, 31, testified Friday that he had no knowledge of his relation to Ella or Eugene Merchant until his father told him about it last Thanksgiving, after the trial was over.

“He asked me if I knew I was related to Eugene Merchant and I said ‘no,'” Copperthwaite said.

DeSanctis also asked that the guilty verdict be vacated on the grounds that the jury deliberated on Sunday, which seemingly violates state statutes against having court on Sunday. In Merchant’s case, the jury deliberated from 12:30 p.m. on Saturday until about 4:30 a.m. Sunday.

Hjelm denied both motions. The judge said that Merchant was aware during deliberations of the statute against having court on Sundays, but that he consented to let the jury continue after the issue was discussed in open court.

“It was proper to allow the trial to continue,” Hjelm said.

The judge also said that because Copperthwaite had no knowledge of his relationship to Merchant during the trial, Copperthwaite’s judgment concerning the facts of the case could not have been affected one way or the other. Hjelm said that because there have been no allegations of misconduct on Copperthwaite’s part, and because there is no state statute that prohibits a relative from sitting on a jury, he was denying the request.

After the motions were denied, Merchant told Hjelm he was unhappy with continuing with DeSanctis as his attorney and that he wanted a new one appointed.

DeSanctis, pointing out that Merchant has plans to file for an appeal, requested that he be removed as defense counsel because “everything I do from this point onward will be subject to scrutiny.”

After Merchant said “no” when Hjelm asked him if he had objections other than those stated to DeSanctis’ representing him, Hjelm declined to immediately remove DeSanctis as defense attorney and allowed the sentencing to proceed. He said that any appeal filed by Merchant will enable him to revisit those and other issues with a new attorney.

During the sentencing, Michael Povich, Hancock County district attorney, argued that Merchant’s prior convictions for rape, assault, theft, reckless conduct, and possession of a firearm by a felon warranted a sentence of more than 20 years.

“Mr. Merchant is almost a poster boy for domestic violence,” Povich said. “He is dangerous and needs to be locked up.”

The victim, now 18, spoke briefly in a soft voice when offered the chance to address the court. Glancing down at the floor as she stood facing the judge, she said she wanted to put the whole thing behind her.

“I would like to see this concluded,” she said. Whatever sentence Merchant was to receive, she said, “I don’t feel it will be long enough.”

Merchant’s sister, Hattie Damon of Township 8, also addressed the court.

“He could be a good citizen,” Damon said. “I’ve seen him stop and help people. He has good qualities in him.”

Before the proceeding, Damon said her brother is innocent of the crime.

“If my brother did this, I’d be the first to say, ‘My brother did it,'” Damon said. She said she will do whatever it takes to clear her brother’s name.

“I don’t give a damn how long this takes me,” she said. “I’ll go on a nationwide talk show if I have to.”