Judge turns down Alton man’s motion to withdraw guilty plea

BANGOR – A federal judge Friday rejected an Alton man’s contention that he should be able to withdraw his guilty plea to drug and gun charges after claiming that his wife and the police informant with whom she was having an affair framed him.

William Leland, 48, of Alton pleaded guilty Jan. 27, 2004, in U.S. District Court in Bangor to seven charges. They included conspiracy with intent to distribute methamphetamine, oxycodone and cocaine, and being a felon in possession of a firearm.

That guilty plea remains in place, and a sentencing date is expected to be scheduled for later this year.

Leland’s change of plea motion was filed Jan. 19, 2005, nearly a year after he pleaded guilty.

U.S. District Judge John Woodcock denied the motion Friday in a 15-page order. Last month, he held an hourlong hearing on the motion in U.S. District Court in Bangor. In addition to the accusation that his wife, Ganesa Leland, conspired with a government informant who is now dead, Leland claimed there were inconsistencies in the evidence and the prosecution’s witnesses were unreliable because of their criminal histories.

Leland told Woodcock at the hearing that when he entered his guilty plea, he was under a great deal of stress because his mother was dying.

“These contentions, however, miss the point,” Woodcock wrote. “Mr. Leland admitted unequivocally that he was in fact guilty of each of the crimes to which he pleaded guilty. He also admitted that the facts set forth in the prosecution version were true to his own personal knowledge. Having voluntarily, intelligently and knowingly admitted he committed the crimes, Mr. Leland cannot withdraw his guilty pleas because he now believes the government could not have proven them.”

Efforts made Friday to reach Leland’s attorney, Christopher Largay of Bangor, and Assistant U.S. Attorney Daniel Perry were unsuccessful.

The 1st Circuit Court of Appeals in Boston has identified five factors that could justify the withdrawal of a guilty plea, Woodcock wrote. They are:

. Whether the plea was voluntary, intelligent and knowing when made.

. The force of the defendant’s reason for the change of plea.

. The timing of the request.

. Whether the defendant asserts actual innocence.

. Whether a plea agreement has been reached.

The judge found that Leland had met none of the criteria.

When he pleaded guilty last year, Leland signed a plea agreement that included a recommended maximum sentence of 171/2 years in federal prison. By filing the motion, Leland is likely to lose a sentence reduction for acceptance of responsibility and could be sentenced to anywhere from 30 years to life in prison, according to prosecutors.

Leland was arrested on a return trip from California in April 2003 while traveling north on Interstate 95 in Pittsfield. He had been under surveillance by law enforcement personnel, who allege that he had been selling drugs in Maine since 1998. Nearly 2 pounds of methamphetamine were found hidden in the spare tire of his car. He was denied bail and has been held at the Maine State Prison since his arrest.

Leland’s friends have rallied behind him. Henry Burleigh of Bangor held a one-man protest in front of the federal building on Harlow Street in Bangor the day arguments were heard on Leland’s motion.

Burleigh and Kenneth Bradford of Bucksport provided the Bangor Daily News with information they had obtained from law enforcement agencies and letters written to them by Leland during his incarceration. Both men consistently have proclaimed his innocence and have protested vigorously Leland’s detention.