Subject:  fair trial
Date:  Wed, 20 Feb 2008 20:52:39 -0500
From:  Jon Lund
To:  Bangor Daily News editorials <martinsilverstone@videotron.ca>



 In his Feb. 2 piece regarding Dennis Dechaine's conviction, Emmet
Meara writes that when he covered the trial as a reporter, he was
convinced of Dechaine's guilt.

There is important evidence that the jury did not hear and of which Mr.
Meara is unaware or chooses to ignore.
Sarah Cherry was brutally mutilated and murdered and most likely tried
to defend herself. Tests have now shown that the DNA material removed
from her fingernails were not Dechaine¹s but came from some other male. The
jury didn't hear that evidence, and Mr. Meara does not try to explain it
away. If the jury had been told of the DNA evidence, they might have
reached a different verdict.

If you did the crime, would you request DNA testing? Dechaine's attorney
did request DNA testing, but the presiding judge denied the request.
Moreover, additional evidence in the form of a rape kit in the
possession of the Attorney General's office was destroyed after Dechaine
filed an appeal. DNA testing of that evidence could have confirmed the
other DNA findings.

All over the United States, DNA evidence is demonstrating that innocent
men and women have been wrongly convicted of crimes by courts and
juries, and the numbers are shocking, especially in the state of Texas.
But here, in Maine, where we are proud of our fine court system, we
choose to close our eyes when DNA evidence points to judicial error.
This writer prosecuted crimes, including homicides, as Kennebec County
Attorney, served as chair of our Criminal Law Revision Commission, and
served as this state's first full-time attorney general.

I do not know whether Dennis Dechaine is guilty or innocent, but I do
not believe he received a fair trial, and that is what we are supposed
to provide in this state.

Jon Lund
Hallowell