Editorial: More loopholes

Published in the Current

(Oct 13, 2005): Trucker Scott Hewitt has found another of Maine’s legal loopholes through which he may yet slip.

He has already effectively gotten away with killing Tina Turcotte of Scarborough, whose car Hewitt’s truck demolished on I-95 in Hallowell July 29. Kennebec County District Attorney Evert Fowle has determined Hewitt cannot be charged with manslaughter, even though Hewitt’s inattention was ruled the cause of the crash.

Fowle told the Current last month that the law allows a charge of manslaughter only when a person’s actions meet the legal definition of “recklessness” or “criminal negligence.” Fowle said he cannot consider the circumstances under which Hewitt was driving, including while his license was under suspension and after his commercial truck had allegedly been placed out of service for safety violations.

Now Hewitt, who has been held in jail pending his December trial, has found a judge willing to lower his bail to the point that many – including Turcotte’s widower – worry that Hewitt might get out of jail and drive again, as he did just days after the crash in which Turcotte died.

Setting bail is an art more than a science, and while the rules and regulations of administering bail are laid out in Maine law, no mention of any amount is made in Maine’s bail code. That leaves lawyers, judges, suspects and the public little to go on.

The right to not be subject to “excessive bail” is enshrined in the 8th Amendment to the U.S. Constitution – the same part of the Bill of Rights that bars “cruel and unusual punishment” – and also in Article 1 of the Maine Constitution. That’s about it.

Kennebec County Superior Court Justice Kirk Studstrup has twice made easier the prospect of Hewitt bailing out of jail. Last month he allowed Hewitt to post $500,000 in property bonds, as an alternative to the $100,000 cash that was Hewitt’s original bail.

And last week, Studstrup lowered both of those amounts, to $75,000 cash or $300,000 in property bonds.

The law requires a judge to consider the nature and circumstances of the charges, as well as the defendant’s criminal history and other past conduct, when setting bail.

However, there is a lot of leeway in the law. Hewitt is charged with nine crimes, but they are all misdemeanors carrying relatively light maximum sentences of six months in jail and $1,000 fines. That would tend to favor lowering his bail: People charged with minor crimes are typically considered less serious and are allowed to post smaller bail amounts.

On the other hand, and we believe far outweighing the lack of severity of charges, is Hewitt’s almost unbelievable record.

Beyond his appalling driving file, including more than 60 convictions and more than 20 license suspensions, Hewitt drove just a few days after the crash. He claimed at the time of the fatal crash that he did not know his license was suspended, but has no such excuse for driving afterwards.

Former Maine Secretary of State Bill Diamond, now the Senate majority leader in Augusta, and Scarborough Republican Rep. Darlene Curley are concerned that Hewitt’s bail may be set low enough that he could get out of jail and be back on the road. The judge has already said if Hewitt does bail out, he would not be allowed to drive, but nobody seriously believes he will suddenly begin to obey that restriction.

Curley and Diamond have made a move that might close that loophole in the future, but it still exists right now, and may be big enough for Hewitt to fit through.

If he is able to bail out of jail, it will be a shame – and a hazard to all Mainers. Though Hewitt will likely be required to give assurances he will not drive – and will have to certify he understands and agrees, before being allowed out – we have no reason to trust his judgment.

Jeff Inglis, editor

Crash kills Scarborough man

Published in the Current

CAPE ELIZABETH (Oct 13, 2005): Heavy rains are believed to be a factor in two separate crashes on Sunday and Monday that killed three people, including a Scarborough man, and injured five others, including a man from Cape Elizabeth.

On Sunday, a single-car crash on Interstate 95 in York killed 21-year-old Scarborough resident Thyrak Ann. He was driving north on the highway when his car slid off the road shortly after 2 a.m.

Ann was pronounced dead at the scene. His passenger, Richard Waltz, 23, of Arundel was transported to Portsmouth Regional Hospital and died the next day, according to Maine State Trooper Anthony Keim.

According to Ann’s uncle Sokhann Duong, Ann was traveling back from Connecticut to get to his job at the Marriott Sable Oaks in South Portland Sunday morning.

Duong said the young man had immigrated to the United States from Khio I Dang, a Khmer refugee camp in Thailand, when he was 8 years old.

He said that his nephew attended South Portland schools throughout his childhood and made a lot of friends. He graduated from South Portland High School in 2002.

On Tuesday afternoon a group of Cambodian monks visited the home to bless the family. The monks will return Friday night and will bless Ann’s body Saturday morning.

Ann leaves behind his mother, Lon Ho Ann of Scarborough, a brother, Ron Ann of South Portland, and a sister, Nancy Ann of Scarborough.

On Monday a five-car crash on I-295 in Falmouth killed a 9-year-old boy and injured five others, including a Cape Elizabeth man who was driving a pickup truck that crossed the centerline into oncoming traffic and started the pileup.

Just before 5:30 p.m. Monday, Andrew Bernstein, 49, of Cape Elizabeth was driving southbound across the Presumpscot River Bridge when his Volkswagen crossed over the median and struck a northbound Lexus head-on, according to Maine State Police Trooper John Kyle.

Ryan Guthrie, 9, of Winslow was a passenger in the Lexus, which was driven by his grandmother, June Quirion of Benton. Guthrie died Wednesday morning at a Portland hospital, Kyle said. Quirion was taken to the hospital with non-life-threatening injuries.

Guthrie suffered "severe internal injuries and severe head injuries" in the crash. He was not in a child seat, but was wearing a seat belt, Kyle said.

Three other cars piled up behind the VW and the Lexus. A Ford Focus rear-ended the Lexus and bounced off to the side. A pickup truck rear-ended the Focus, and was itself rear-ended by a Mustang.

The sole occupant of the Focus, Lorraine Gressey of Phippsburg, and the driver and passenger of the pickup truck, Nicholas Parent of Kennebunkport and Kenneth Hunnewell of Arundel, were also taken to the hospital for treatment. The Mustang's driver, Brooke Babb of Bowdoinham, was uninjured and her car was considered drivable, so she drove away from the scene, Kyle said.

"It was raining heavy" at the time of the crash, Kyle said, but the weather was "not the primary cause" of the collision.

After Bernstein lost control and his car crossed the median "some things happened" that indicate "hydroplane was not the reason he drove head-on into that car," Kyle said. Bernstein did not return messages left at his home seeking comment.

Kyle said none of the drivers was exceeding the speed limit, and said most of them were going about 60 mph, in an area where the speed limit is 65.

He said no charges have been filed, but said there might be charges, depending on the results of tests of blood samples drawn from all four drivers who received medical treatment. He said those could take "a few weeks to process."

Local bachelor Maine’s most eligible

Published in the Current

SCARBOROUGH (Oct 13, 2005): A former Scarborough resident who thinks black is "such a sexy color" has been named Maine’s most eligible bachelor by a national women’s magazine, and was featured on national television broadcasts Wednesday.

Shane Bradstreet, 23, is a bartender and night club manager in Portland. He appeared on NBC’s “Today” show and ABC’s “Live with Regis and Kelly” Wednesday morning, after being named one of the nation’s 50 most eligible bachelors by Cosmopolitan magazine. One bachelor was featured from each state.

The magazine, which its publisher said was on the streets Tuesday but was not in local stores Wednesday afternoon, showcased what it called “the nation’s most knee-weakening single guys.”

Bradstreet, who moved to Portland from Scarborough recently, said his sister nominated him for the award. The first he heard of it was a phone call "out of the blue one day" telling him he had been chosen.

In his profile on Cosmopolitan’s Web site wrote that he used to be shy before becoming a bartender. He said he loves sushi and goes out to Japanese restaurants.

He also admitted to a frustration with women, saying he doesn’t “understand how sometimes they can do an instant 360.” He said one woman he was dating “wanted to rip my face off” because he did her laundry for her and “accidentally mixed whites with colors.”

Holy Cross students raise $5,500

Published in the Current

SOUTH PORTLAND (Oct 6, 2005): Students at Holy Cross School in South Portland raised $5,474.09 to help victims of Hurricanes Katrina and Rita, in several events, including a two-mile walkathon, a coin donation drive, a bake sale and a dress-down day.

Most of the money will go to Catholic Charities, which is helping with the relief efforts. About $300 will go to a program with the National Catholic Educational Association that helps rebuild Catholic schools destroyed by the storms, and to support Catholic school students affected, according to the school's principal, Deacon Steve Harnois.

"Our faith tells us we have to give housing to the homeless, clothe the naked, feed the hungry," Harnois told the students during a rest stop at the one-mile mark of the walkathon, which went along Broadway in South Portland from the school building to the Southern Maine Community College campus and back.

Editorial: Eyebrows in the sky

Published in the Current

SCARBOROUGH (Oct 6, 2005): The proposal that Scarborough taxpayers may be asked to cough up $54 million for a new intermediate school and a renovated middle school – on top of the $27 million already borrowed for the high school renovation and expansion – will no doubt raise eyebrows in town. Read about the idea on Page 1.

The $27 million high school is already the most expensive local-funding-only school project in the state’s history. Before the paint is even dry on that – and while there still remain questions about the building’s durability – the town’s school department wants to surpass it with a $35 million brand-new intermediate school and a $19 million renovation to the middle school.

After that, there’s the prospect that the town’s elementary schools could need expansion or replacement, according to Superintendent Bill Michaud. All three now hold some classes in modular additions.

It’s enough to make some seniors – many of whom have pledged support for more school building in exchange for a $1.2 million center to call their own – choke a bit on that promise.

While Board of Education Chairman David Beneman expects people will love the idea – he said it would be “exceedingly popular” – other board members are wary. Dianne Messer has an idea that might trim $19 million off the tab, but that would still leave what would still become the most expensive town-only school project in state history. Board member Christopher Brownsey accurately predicts the idea to spend that much money will be “a hard sell.”

And the school administration and its construction partners are not making that sell any easier. After the school board and the Town Council refused to pay for an independent review of the high school construction, the town’s code enforcement department required it.

And the study found some structural problems independent engineers fear might shorten the useful life of the high school building. They recommended the town, with project architect Harriman Associates and general contractor Pizzagalli Construction, purchase a long-term insurance policy to pay for any repairs that might be needed as a result of the structural deficiencies.

Now Harriman, already enlisted to plan for the upcoming $54 million in new building, and Pizzagalli are defending their work, saying there is no need for an insurance policy.

It’s great that they are so confident in their work, and they’re absolutely right. The town has no need for an insurance policy. The companies should agree to cover the costs of any repairs or other work required as a result of these possible shortcomings.

These are good companies, staffed by skilled, dedicated professionals. Their word, and a legally binding lifetime warranty (regarding just the problems identified by the outside engineers), should be enough. If they’re right, and the building is fine, they have nothing to lose. If they’re wrong, it’s their fault, and they should fix it.

If the companies are not sure their work is up to snuff, then they can decide how to pay for an insurance policy to cover the problems they have created. They have another option, of course: to go back in, rip out the problem areas – and work covering many of them – and replace it all up to proper standards, at their own cost.

The school department needs to stand firm, ensuring that Harriman and Pizzagalli provide exactly what the building agreement asked for, including adherence to all relevant building codes.

If voters are to have confidence that they will get $54 million worth of school building out of the new proposal, they need to be absolutely certain that they are already getting $27 million worth out of the construction they are already paying for.

Continuing next week
Our publication of Scarborough’s most recent property values, following the town-wide revaluation this summer, will continue next week. Roughly half of the list is in this week’s issue of the Current, on pages 13 through 20. They are sorted by street and house number. Please check back next week to get the rest of the data.

Jeff Inglis, editor