Published in the Current and the American Journal
Jeffery “Russ” Gorman has appealed his conviction for the murder of Amy St. Laurent, asking Maine’s Supreme Court to grant him a new trial. His appeal asks for a judge to exclude damaging testimony from his mother about the killing.
In January 2003, Gorman was convicted of the “intentional and knowing” murder of Amy St. Laurent following a night out in Portland’s Old Port and at a house on Brighton Avenue in Portland.
The key issue in the appeal is the testimony of Gorman’s mother, Tammy Westbrook. She testified at a grand jury hearing that resulted in Gorman’s
indictment for the murder. At the grand jury, she testified that Gorman had called her Dec. 9, 2001, the day after St. Laurent’s body was found buried in a wooded area off Route 22 in Scarborough.
In that conversation, Westbrook told the grand jury, Gorman confessed to the crime and told his mother something nobody but the killer knew – that St. Laurent had been shot once in the head.
During the criminal trial, Westbrook testified she had no recollection of testifying before a grand jury and no memory of any conversation with her son about St. Laurent. She also testified that she was receiving psychiatric treatment for delusions and post-traumatic stress disorder.
The prosecution argued that an audio tape recording of Westbrook’s grand jury testimony should be presented as evidence during the trial. Superior Court Judge Nancy Mills agreed.
The evidence figured strongly in the prosecution’s case against Gorman, and jurors in the criminal trial asked to see a transcript of the recording during
their deliberations. That was not permitted, but they were allowed to hear the tape played again.
After five hours of deliberation, the jury unanimously convicted Gorman of the murder.
He was later sentenced to spend 60 years in prison, following a prosecutor’s sentencing recommendation that claimed Gorman tried to rape St. Laurent and killed her to cover it up.
Gorman’s new lawyer, Chris MacLean, told the Current allowing the tape of Westbrook to be played to the jury was unfair because it prevented Gorman’s trial attorney, Clifford Strike, from confronting Westbrook about her taped claims.
The right to cross-examine witnesses is guaranteed in the U.S. Constitution. Westbrook could not be effectively cross-examined because she did not
recall making the statements, or any discussions regarding the case, MacLean said.
MacLean makes two additional arguments in the appeal filing. He says Westbrook should not have been allowed to testify at all because she was not mentally competent to do so.
He also says the jury’s conviction was in error, arguing that evidence presented by the prosecution was not sufficient to convict Gorman of “intentional and knowing” murder. The filing asks for the conviction to be overturned and for the case to be sent back for a new trial.
MacLean told the Current there may have been enough evidence, depending on how the state Supreme Court views the case, to convict Gorman of manslaughter, but not murder.
The case is scheduled for oral arguments before the Supreme Court in Portland on Friday, Feb. 13. A decision could take months.
Wednesday, January 28, 2004
Friday, January 23, 2004
Theater Project for everyone
Published in the Portland Phoenix
Theaters across the state say they want to boost audience numbers, to have attendees reflect Maine’s diversity — ethnically, socially, economically. They say they want anyone to be able to see any show. Now somebody means it.
The Theater Project, in Brunswick, has introduced pay-what-you-can ticketing, for all shows, all the time.
Will more people in the seats build a more vibrant, supportive community than a few folks with high-priced tickets? It’s a good bet: "Ticket receipts never support a theater," says Al Miller, the theater’s artistic director. "We want people to come see our shows, and we don’t want them to stay away because they can’t afford the tickets."
We can hope they’ll also score more grants for being an inclusive theater environment, allowing families, young adults, and working people of all ages to see quality theater without breaking the budget.
Sure, other companies have pay-what-you-can nights, but it’s a separate-but-not-equal feeling, and it’s on their schedule, not yours.
At the Theater Project, even their requested amounts are low: ranging from $6 to $15. But there’s no shame, and no problem, if you can’t afford it. Just pay less.
Start now, at the Winter Cabaret, from January 23 to February 8. Pay what you can. Then add a penny — literally — to that amount, to help support a theater that says it wants everyone to attend, and means it. Call (207) 729-8584 for reservations.
In the name of love: Parents should listen to children
Published in the Portland Phoenix
Written by William Shakespeare. Directed by Pamela DiPasquale. With Mark Friedlander, Julie Civiello, Alex Brinkman-Young, and Brian Hinds. At Children’s Theatre of Maine, through Jan. 25. Call (207) 878-2774.
Backstage
The busy streets of Chicago are broken by automatic gunfire as Romeo and Juliet opens, in this 1920s-Chicago version of the classic love tragedy. It’s the Children’s Theatre of Maine, but this production is for kids 10 and up. A mother and baby are among the first to fall as the Montague/Capulet feud heats up.
The story line is familiar: Teenagers fall in love, without obeying the constraints of social or family repercussions. Each must hide true feelings from adults, who will use logic to quash that which is purely emotional. The grownups, determined to have their way, make unreasonable decrees — at least by today’s standards — and force the hands of the lovers.
All the while, teenagers’ proclivities to make bad choices result in serious consequences for Romeo, and a sympathetic counselor must devise a complex scheme to rescue young love from adult rage. In one of Shakespeare’s classic twists, a vital message is not conveyed, ripping tragedy from the jaws of joyous reunion.
These actors — mostly teenagers themselves, or in their early twenties — know well both the fictional story and its real-life themes. Julie Civiello, who alternates with Alex Brinkman-Young in the role of Juliet, is sensitive and strong in the role of the 14-year-old lover, whose father thinks her too young to marry, until he meets the "right man" for her. Who is, of course, not Romeo (Mark Friedlander) but Paris (Adam Gutgsell), a powerful nobleman and friend of the prince of Verona.
Civiello reaches deep into her own heart, tugging at Romeo and the audience as she struggles between love and duty. The balcony scene is sweet, earnest, and loving, though tinged with the despair of those who know they must oppose their parents’ will.
It results in a beautiful mimed wedding ceremony with soft lighting giving the couple their moment amid the chaos of the family feud. The music and lights throughout the production add to the ambience, including a swing-dancing masquerade ball at which Romeo first truly meets Juliet.
The supporting cast is generally strong. Mercutio (Brian Hinds) and Juliet’s nurse (Shannon Campbell) are wonderfully ribald, playing to the base elements in the audience, even as the web of sorrow draws nearer about them. Some of the lines are hard to hear, however, either because they are spoken too fast or because of the acoustics in the Children’s Theater space.
Chris Gyngell (as Romeo’s kinsman and friend Benvolio) speaks too quickly for any of his lines to be comprehensible. It is a sad casting choice, for his devotion to Romeo is one of Shakespeare’s great friendships.
The choice of this play is bold, dealing with adult and teen themes together, mixing no small amount of violence, both physical and emotional. And yet, these are important issues today, as they were in Elizabethan times.
Parents still strive for what is best for their children, even as those children redefine their own dreams. Youthful rebellion can lead not just to adult-feared failure but also to child-hoped success, or at least a valuable lesson learned. Adults and children should communicate more openly, not hiding behind preconceived ideas or latent fears. The real burden of this falls to the parents, who must create an environment of open, loving honesty, not a charade of fear and obedience.
As a reminder stands Shakespeare: With young lovers poised on the brink of their future together, adults and the stars conspire against them, bringing all to grief.
Romeo and JulietWritten by William Shakespeare. Directed by Pamela DiPasquale. With Mark Friedlander, Julie Civiello, Alex Brinkman-Young, and Brian Hinds. At Children’s Theatre of Maine, through Jan. 25. Call (207) 878-2774.
Backstage
• Carolyn Gage’s one-act Calamity Jane Sends a Message to her Daughter won the Boston Play Slam, on January 13. The audience chose the single-actor short play as the best of the lot. It was performed by Leslie Bernardini, who had also performed Gage’s play The Parmachene Belle in an off-Broadway festival early in 2003. Gage is raising money to bring both shows to Portland.
• Another reason to head to Mad Horse’s production of The Bacchae in mid-February: The Portland Stage Studio Theater expects to have new seating! In six months of fund-raising, actors and others put together $2100, enough to buy 50 new chairs, leaving 35 old chairs still to be replaced, at a cost of about $1500, plus shipping. Be sure to thank the cast and crew of The Food Chain and Wicked for their efforts.
Wednesday, January 21, 2004
McKenney running for state Senate
Published in the Current and the American Journal
Paul McKenney of Scarborough, who recently moved to town from Cape Elizabeth, is running for state Senate as a Republican and hopes to challenge Democrat incumbent Lynn Bromley in November’s general election.
He does not know of any other Republican running for the seat, which represents Cape Elizabeth, South Portland and part of Scarborough, but may have to face a primary runoff in June if any others put their names in.
McKenney calls himself a “moderate Republican,” saying he is “pro-environment, pro-jobs and pro-family,” and wants Maine to “be more fiscally prudent.”
McKenney will be running a “clean campaign” under Maine’s clean elections law, which requires him to get 150 people to donate $5 to his campaign. In exchange for agreeing not to accept large donations from private supporters, McKenney gets access to state funds to run his campaign. If he is opposed in both a primary and the general election, he could get as much as $23,000 in state funds, plus additional money if his opponents spend more than his limit.
“I am running because of what I see happening in the state of Maine, and I want to make a difference, and I know I can,” he said.
“I’ve always had an interest in public service,” he said. “I’ve served the public for many years in the military.”
He is now co-owner, with his wife, and president of Dirigo Financial Group, a financial planning company in Cape Elizabeth. McKenney is also a major in the Maine Army National Guard. He served nine years as an Army aviator and has been in the Guard for six years.
He has military and civilian university training in leadership and management and is active in the Pine Tree Council of the Boy Scouts of
America, Rotary and the Greater Portland Chamber of Commerce.
He wants to improve Maine’s business environment and lessen the tax burden.
“It should not be an arduous task to open a business and to run a business,” he said. In particular, businesses often have to fill in several state-required forms with the same information going to different agencies.
Making Maine friendlier for business will help the state’s finances even as it helps residents.
“You cannot tax your way into prosperity. You have to grow your way into prosperity,” he said.
Town and state spending are raising coastal property taxes “without consideration for the people who have been there for decades,” he said. “We’re driving these people right out of their family homes.”
McKenney has a general guideline: “Every time we pass legislation we need to keep in mind Maine families,” considering how laws affect workers’ ability to earn a living.
He also has some specific ideas: “I think our tourism industry could grow 10 times,” he said. The state should spend more money promoting tourism, because money tourists spend stays in the state.
State program spending should focus on areas where dollars are proven to yield results, such as early childhood education.
The state should not spend money on building schools in towns with small growth and should consider privatizing some services.
“It’s not the public sector’s job to do everything for everybody,” McKenney said.
Another way to save money could be the impending retirements of many state employees, he said. As they leave, the state should analyze the services it provides and “realign these jobs, realign these departments,” without laying people off.
The Republican county caucus will be held Saturday, Feb. 28, at Southern Maine Community College. If there needs to be a primary, the vote would be held in June.
Paul McKenney of Scarborough, who recently moved to town from Cape Elizabeth, is running for state Senate as a Republican and hopes to challenge Democrat incumbent Lynn Bromley in November’s general election.
He does not know of any other Republican running for the seat, which represents Cape Elizabeth, South Portland and part of Scarborough, but may have to face a primary runoff in June if any others put their names in.
McKenney calls himself a “moderate Republican,” saying he is “pro-environment, pro-jobs and pro-family,” and wants Maine to “be more fiscally prudent.”
McKenney will be running a “clean campaign” under Maine’s clean elections law, which requires him to get 150 people to donate $5 to his campaign. In exchange for agreeing not to accept large donations from private supporters, McKenney gets access to state funds to run his campaign. If he is opposed in both a primary and the general election, he could get as much as $23,000 in state funds, plus additional money if his opponents spend more than his limit.
“I am running because of what I see happening in the state of Maine, and I want to make a difference, and I know I can,” he said.
“I’ve always had an interest in public service,” he said. “I’ve served the public for many years in the military.”
He is now co-owner, with his wife, and president of Dirigo Financial Group, a financial planning company in Cape Elizabeth. McKenney is also a major in the Maine Army National Guard. He served nine years as an Army aviator and has been in the Guard for six years.
He has military and civilian university training in leadership and management and is active in the Pine Tree Council of the Boy Scouts of
America, Rotary and the Greater Portland Chamber of Commerce.
He wants to improve Maine’s business environment and lessen the tax burden.
“It should not be an arduous task to open a business and to run a business,” he said. In particular, businesses often have to fill in several state-required forms with the same information going to different agencies.
Making Maine friendlier for business will help the state’s finances even as it helps residents.
“You cannot tax your way into prosperity. You have to grow your way into prosperity,” he said.
Town and state spending are raising coastal property taxes “without consideration for the people who have been there for decades,” he said. “We’re driving these people right out of their family homes.”
McKenney has a general guideline: “Every time we pass legislation we need to keep in mind Maine families,” considering how laws affect workers’ ability to earn a living.
He also has some specific ideas: “I think our tourism industry could grow 10 times,” he said. The state should spend more money promoting tourism, because money tourists spend stays in the state.
State program spending should focus on areas where dollars are proven to yield results, such as early childhood education.
The state should not spend money on building schools in towns with small growth and should consider privatizing some services.
“It’s not the public sector’s job to do everything for everybody,” McKenney said.
Another way to save money could be the impending retirements of many state employees, he said. As they leave, the state should analyze the services it provides and “realign these jobs, realign these departments,” without laying people off.
The Republican county caucus will be held Saturday, Feb. 28, at Southern Maine Community College. If there needs to be a primary, the vote would be held in June.
Maine RX Plus launches amidst protest
Published in the Current and the American Journal; co-written with Kate Irish Collins
Despite a much-hailed launch, a new state prescription drug program called Maine Rx Plus is not getting support from three pharmacy chains in Maine.
RiteAid, Community Pharmacy and CVS are not participating, saying Gov. John Baldacci asked them earlier this month to accept a reduction in state administrative fees and is now asking them to voluntarily cut prices of prescriptions.
Hannaford and Shaw’s, through their pharmacies, are participating in the program, which will allow low-income people to get reduced-price prescriptions when they present a state-issued card.
Wal-Mart has not made a formal decision about the program, but a pharmacist at the company’s Scarborough store said that if someone arrived with a card, they “would likely honor it.”
The program was launched last week by Baldacci, state legislators, the attorney general and activists interested in the issue. The governor hailed the program as making Maine “a leader in bringing lower-cost drugs to our citizens.”
Cardholders will be eligible for 10-25 percent discounts off brand names and 60 percent off generic brands for a wide range of drugs that are also listed as preferred drugs in the state’s Medicaid program.
Discounts became available on Saturday.
Pharmacies participate in the plan voluntarily and can opt not to honor the cards. RiteAid, Community Pharmacy and CVS objected to a proposal in which the Medicaid program would cut pharmacy administrative fees 40 percent. The companies said they will “consider” participating in Maine Rx Plus if the governor withdraws the proposed cut, which they termed “devastating.”
Prescription drug costs have long been an issue in Maine. After the Maine Rx program was challenged by federal regulators and then upheld by the U.S. Supreme Court, state officials reworked the plan.
“We have reconfigured the program to meet federal concerns, to integrate it with Drugs for the Elderly and to make it ready to coordinate with the new Medicare drug benefit when that program starts,” Baldacci said.
Maine Rx Plus will also use its volume to negotiate discounts from drug companies “later in the year,” he said.
House Speaker Patrick Colwell added, “Maine Rx Plus will negotiate lower cost prescriptions for Maine seniors and working families by using our buying power as a state. The Medicare bill Congress recently passed takes the opposite approach by forbidding the federal government from negotiating prices.”
“Until the federal government allows the bulk reimportation of prescription
drugs,” said Rep. David Lemoine, a member of the National Legislative Association on Prescription Drugs, “Maine’s Rx Plus model is by geography and price the nearest thing to Canada.”
To be eligible, individuals must earn less than $31,440; for couples it is $42,420. For a four-person family, the cutoff is $64,400. Program enrollment will be phased in. Maine Rx Plus cards will be sent automatically
to 73,000 Maine residents, who had participated in the now defunct Healthy
Maine program, which was halted by the federal government in December 2002. Others who may qualify can apply for a card by calling 1-866-Rx-Maine (1-866-796-2463).
Despite a much-hailed launch, a new state prescription drug program called Maine Rx Plus is not getting support from three pharmacy chains in Maine.
RiteAid, Community Pharmacy and CVS are not participating, saying Gov. John Baldacci asked them earlier this month to accept a reduction in state administrative fees and is now asking them to voluntarily cut prices of prescriptions.
Hannaford and Shaw’s, through their pharmacies, are participating in the program, which will allow low-income people to get reduced-price prescriptions when they present a state-issued card.
Wal-Mart has not made a formal decision about the program, but a pharmacist at the company’s Scarborough store said that if someone arrived with a card, they “would likely honor it.”
The program was launched last week by Baldacci, state legislators, the attorney general and activists interested in the issue. The governor hailed the program as making Maine “a leader in bringing lower-cost drugs to our citizens.”
Cardholders will be eligible for 10-25 percent discounts off brand names and 60 percent off generic brands for a wide range of drugs that are also listed as preferred drugs in the state’s Medicaid program.
Discounts became available on Saturday.
Pharmacies participate in the plan voluntarily and can opt not to honor the cards. RiteAid, Community Pharmacy and CVS objected to a proposal in which the Medicaid program would cut pharmacy administrative fees 40 percent. The companies said they will “consider” participating in Maine Rx Plus if the governor withdraws the proposed cut, which they termed “devastating.”
Prescription drug costs have long been an issue in Maine. After the Maine Rx program was challenged by federal regulators and then upheld by the U.S. Supreme Court, state officials reworked the plan.
“We have reconfigured the program to meet federal concerns, to integrate it with Drugs for the Elderly and to make it ready to coordinate with the new Medicare drug benefit when that program starts,” Baldacci said.
Maine Rx Plus will also use its volume to negotiate discounts from drug companies “later in the year,” he said.
House Speaker Patrick Colwell added, “Maine Rx Plus will negotiate lower cost prescriptions for Maine seniors and working families by using our buying power as a state. The Medicare bill Congress recently passed takes the opposite approach by forbidding the federal government from negotiating prices.”
“Until the federal government allows the bulk reimportation of prescription
drugs,” said Rep. David Lemoine, a member of the National Legislative Association on Prescription Drugs, “Maine’s Rx Plus model is by geography and price the nearest thing to Canada.”
To be eligible, individuals must earn less than $31,440; for couples it is $42,420. For a four-person family, the cutoff is $64,400. Program enrollment will be phased in. Maine Rx Plus cards will be sent automatically
to 73,000 Maine residents, who had participated in the now defunct Healthy
Maine program, which was halted by the federal government in December 2002. Others who may qualify can apply for a card by calling 1-866-Rx-Maine (1-866-796-2463).
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