Judge who lowered bail in beating case decides not to preside over murder trial

PORTLAND – The judge who lowered the bail for a man police accuse of beating his girlfriend and leaving her with fatal injuries has removed himself from the man’s coming murder trial.

Maine Superior Court Justice G. Arthur Brennan, who reduced Gregory Erskine’s bail from $1,000 to $200 three days before Lisa Deprez was found critically beaten, decided not to preside over the trial.

“I think the question of my decision in the bail shouldn’t interfere with the question of handling the merits of the homicide,” Brennan said. “It just made sense for me not to be involved with the case.”

Superior Court Chief Justice Nancy Mills signed an order last week transferring Erskine’s case to Superior Court Justice Robert Crowley. A trial date has not yet been set.

Since Deprez’s death, her family and domestic violence advocates have called for the state to review how bail is set for cases involving abuse victims. Brennan removed himself after her family expressed concerns about the trial.

The Deprez family said Brennan’s decision frees the case from potential conflict.

“In the event that Mr. Erskine is convicted and later uses the judge’s bail controversy on appeal, it’s good to have someone who starts clean with this case,” said Ron Deprez, Lisa Deprez’s uncle.

Erskine, 50, is accused of beating Deprez so badly that rescue workers who first treated her thought that she had died. Emergency medical technicians managed to resuscitate her en route to Maine Medical Center, where she later died.

Erskine and Deprez previously lived in Westbrook, where police dealt with Erskine 23 times between November 2000 and February 2004, mostly when they were called to calm arguments between the two.

The Cumberland County bail commissioner set Erskine’s bail at $1,000. During a May 10 arraignment, the Cumberland County prosecutor asked for a $500 bail and presented information that Erskine had a 1990 assault case.

Brennan ultimately reduced the bail to $200, allowing Erskine to post bail for the misdemeanor crime and leave jail that day. As part of the bail conditions, Brennan ordered Erskine to stay away from Deprez.

Six days later, Brennan learned that Deprez, 42, died after police found her critically beaten in her Portland apartment. They also found Erskine in the apartment, hiding in the closet.

Maine’s bail laws specify that offenders are entitled to bail unless they are facing serious crimes such as murder or rape.

“I don’t think it’s always clear under Maine bail that you can hold someone if they’re perceived to be a public threat,” Brennan said. “That’s something prosecutors and defense attorneys struggle with.”

Brennan said it might be wiser to hold domestic violence cases until the end of arraignment sessions.

Chief Justice Mills also said Maine must update its technology to provide judges and prosecutors with more information on an offender’s criminal history.