Perennial inmate earns 24th criminal trespass arrest

MACHIAS – A perennial inmate at the Washington County Jail was back behind bars as of Friday after his 24th arrest for criminal trespass.

Leigh, who has legally renounced his former last name, MacKeen, has spent about nine years in the county jail.

The 56-year-old inmate said Friday that he is prepared to spend the rest of his life in jail, if that’s what it takes for his version of events leading to his 1993 arrest and felony conviction for reckless conduct with a firearm to be heard.

Leigh, who spent 18 years working for the state as a marine patrol officer in Washington County before the arrest, has become a burden on taxpayers.

It costs the county $74 a day to hold an inmate in the jail. It costs the state $50 an hour for court-appointed attorneys to prepare his defense, according to Washington County Sheriff Joseph Tibbetts.

Leigh’s latest arrest involved civil disobedience, as has each of his previous arrests. He goes to the county courthouse, waits until 4 p.m., then deliberately lingers in the lobby after the building has closed. He began this pattern of conduct back in 1997.

When the Washington County Sheriff’s Office sends a deputy to arrest him for criminal trespass at the courthouse, he hands over a handwritten document that explains the reasons for his peaceful protest.

Jeffrey Davidson, an attorney in Cutler, currently represents Leigh through the system of court appointments for indigents.

“Leigh is certainly a persistent man who truly believes that his protest is a just one,” Davidson said.

Justice E. Allen Hunter heard Leigh’s case in the Washington County Superior Court on Wednesday. A jury took only 12 minutes to find him guilty of two counts of criminal trespass.

Hunter sentenced Leigh to consecutive six-month sentences for the trespass offenses in 2004 and 2005. He let Leigh go for time served, because he has been sitting in the jail – this time – since April 5, 2005.

After spending two days doing personal errands around town, Leigh was ready to return to the jail by Friday afternoon. He has no home other than the jail, part of the county complex at 47 Court St.

During the trial, Davidson started to establish that Leigh actually lives at the jail, because the arresting officer gave 47 Court St. on his report for the 2004 incident.

But Leigh asked him to stop that line of questioning, lest he be found innocent. After all, one cannot be found guilty of trespass at his own residence.

In gaining another guilty verdict, Leigh and Davidson now will appeal the conviction to Maine Supreme Court in Portland.

“Leigh has always wanted to use the defense that his protest is justified by what he believes was a conspiracy to falsely arrest and convict him back in 1993,” Davidson said.

“Justice Hunter ruled that for civil disobedience protests, the law does not provide a defense for a person who uses civil disobedience. He ruled that the defense that Leigh wanted to use is simply not available under the law.

“Leigh has a different opinion, and that’s why we will be appealing Justice Hunter’s ruling. We will seek clarification as to whether civil disobedience can be used as a justification defense.”

Leigh will be arraigned on Monday before Justice Hunter once again, and a new attorney will be appointed to his case.