Analyses by two experts offer hope to Dechaine
Lawyers for the convicted killer say new opinions on the time of death back his bid for a new trial.
By Trevor Maxwell tmaxwell@mainetoday.com
Staff Writer
Lawyers for Dennis Dechaine said Wednesday that two renowned forensic pathologists have provided opinions that could help Dechaine get a new trial in the murder of a 12-year-old girl more than two decades ago.
Dr. Cyril Wecht and Dr. Walter Hofman reviewed the case at the request of Steve Peterson, a Rockport lawyer, and F. Lee Bailey, the famed defense attorney who is a consultant to Dechaine.
In their opinions, Wecht and Hofman agreed that Sarah Cherry likely died several hours after Dechaine emerged from the woods in Bowdoinham and was taken into police custody. Dechaine, 52, is serving a life sentence for Cherry's kidnapping and murder in 1988.
The time of Cherry's death has been a point of contention ever since the trial. Wecht and Hofman reviewed the autopsy report, photographs, weather reports and the testimony of the late Dr. Ronald Roy, the state's chief medical examiner at the time of the murder.
''These are extremely reputable people who have given these opinions. They are putting their reputations on the line,'' Peterson said. ''Both opinions basically would exclude Dennis from being the perpetrator.''
The state prosecutor in the case has not been provided with the opinions. Nonetheless, William Stokes said Wednesday that any new attempts to pinpoint the time of Cherry's death should be treated with skepticism.
''It is absolute conjecture,'' said Stokes, head of the Criminal Division in the state Attorney General's Office.
''My point has always been, how do you know when she actually dies? Whoever said she died instantly? Dr. Roy never gave, and the state never relied upon, a precise time of death,'' he said.
Stokes said that even if Cherry's time of death was later than the estimate provided by Roy, that fact alone would not exclude Dechaine as the killer. The jury based its finding on several pieces of evidence, Stokes said.
Cherry disappeared while babysitting on the afternoon of July 6, 1988.
While police were looking for her, Dechaine wandered out of the woods three miles from the site of her disappearance, claiming that he had gotten lost while looking for a fishing hole. He admitted to police that he had been injecting drugs.
A day later, searchers found Cherry's body in the woods about 400 feet from Dechaine's truck. She had been raped with sticks, strangled with a scarf and stabbed repeatedly around her throat with a small blade. Her hands were bound with yellow plastic rope.
The rope was made of the same material as a yellow plastic rope found in Dechaine's truck. A piece of yellow rope matching the rope in the truck and on Cherry's hands was found in the woods near Cherry's body. Evidence technicians found that it had been cut from a piece of rope in Dechaine's barn.
A repair bill and a notebook belonging to Dechaine were found in the driveway at the site of the abduction.
Dechaine's supporters say he was set up. They note that there was no physical evidence linking Dechaine with Cherry. Someone easily could have taken items from the back of his truck, they say, and investigators failed to consider other suspects.
Dechaine was taken into custody at 8 p.m on July 6.
Roy, the medical examiner, testified at the trial that Cherry likely died 30 to 36 hours before he did the autopsy, at 2 p.m. on July 8. That would have put the time of death between 2 and 8 a.m. on July 7 -- well after Dechaine was in custody.
But Roy called the 30 to 36 hours a minimum, adding, ''It could well be longer.''
Hofman, who reviewed the case for the defense, practices pathology at Roxborough Memorial Hospital in Philadelphia and serves as coroner for Montgomery County, Pa.
In his opinion, the earliest time of Cherry's death would have been around noon on July 7, about 16 hours after Dechaine was taken into custody.
''I emphatically disagree with Roy's opinion that Cherry was dead 'probably 30 hours or more''' before the autopsy, Hofman wrote.
Wecht, the other pathologist, has gained a national reputation for his reviews of high-profile cases such as JonBenet Ramsey's killing. He is perhaps best known for his criticism of the Warren Commission's conclusions in the assassination of President John F. Kennedy.
In Wecht's opinion, the earliest possible time of death would have been around 3:40 a.m. on July 7. For his calculations, Wecht used an autopsy time of 3:40 p.m. on July 8.
Peterson had not planned to discuss the opinions publicly until later this year. Those plans changed when Bailey mentioned the opinions while speaking with business leaders Wednesday morning in Bangor.
Peterson did not provide copies of the opinions to the Portland Press Herald on Wednesday because he must submit them first to the Attorney General's Office. He declined to say how much the defense paid for the opinions.
Peterson filed a petition in August 2008 seeking a new trial for Dechaine based on a change in state law related to DNA evidence. The petition hinges mainly on a single thumbnail that was clipped during Cherry's autopsy.
Years after the trial, the thumbnail was tested and analysts discovered the DNA of an unknown male.
Supporters of Dechaine say the finding is proof that the one-time farmer is innocent. Prosecutors say the thumbnail is inconsequential when viewed in the context of all the evidence, and the unknown DNA most likely was transferred onto the nail during the autopsy.
Peterson seeks additional DNA testing over the next couple of months on remaining pieces of evidence.
Having lost a series of state and federal appeals, Dechaine could have his last chance for a new trial in the pending petition. Peterson and Bailey must convince Superior Court Justice Carl Bradford that the DNA evidence likely would have led to a different verdict if it had been admitted in the original trial.
A hearing is tentatively scheduled for September.
Peterson said he will ask Bradford to consider the opinions of Wecht and Hofman, as well as the DNA evidence. The lawyer contends the new state law opens the door for the opinions.
''The judge will have to make a ruling on whether we can introduce this type of opinion evidence into the DNA hearing,'' Peterson said.
Stokes declined to give his opinion on the admissibility of the work by Wecht and Hofman.
Staff Writer Trevor Maxwell can be contacted at 791-6451 or at:
tmaxwell@pressherald.com
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31 COMMENTS
OldGuy said...
Gosh, I guess Mr. Stokes forgot to mention the detectives' own handwritten notes proving they lied at Dechaine's trial. http://www.trialanderrordennis.org/pdfs/report.pdf Maybe Mr. Stokes was having a senior moment.
February 25, 2010 at 1:29 AM Report abuse
ell01 said...
So let's say for argument sake that she did die after he was in custody. IF that is true, and I'm still not buying it, but if it's true, that just means he left her in the woods to die, and she lay suffering for several hours. The male DNA could have come from a number of sources, including an accomplice. Dechaine has had more than his fair share of appeals. Stop wasting the taxpayer's money on this.
February 25, 2010 at 5:49 AM Report abuse
Gary said...
It would be good for all concerned if this situation could be resolved once and for all without any reasonable doubt.
February 25, 2010 at 6:24 AM Report abuse
EllenW said...
These opinions would merit a new trial if, and ONLY if, the cause and nature of death make it unlikely that she could have died slowly over 16 hours or more. Since that is not mentioned (and this story is being pushed by Dechaine's own lawyers) I'm skeptical that is the case.
February 25, 2010 at 6:31 AM Report abuse
Blazen said...
Dechaine's must have a ton of money to pay for lawyers over all these years. Must be over a million by now.
February 25, 2010 at 6:42 AM Report abuse
mutt said...
We will all be dead by the time the truth comes out. I think the cops got lazy. Where is the child abuser that disappeared? And my god it was if deschaine left the cops crumbs to find him. This is an innocent man who should have his appeal heard.
February 25, 2010 at 6:50 AM Report abuse
jude said...
ell01 & EllenW consistently post well reasoned and written comments, providing a big boost to the quality of this forum.
February 25, 2010 at 7:10 AM Report abuse
MickeyMouse said...
Why doesn't someone ask this murdering pedophile who he confessed to??!!
February 25, 2010 at 7:25 AM Report abuse
Justincase said...
What's that smell? It's the smell of Dennis Dechaine smoking a turd in hell. It doesn't matter how many of you liberal, left wing nut jobs cry and moan because he will never, ever see the light of day.
February 25, 2010 at 7:28 AM Report abuse
golf said...
If it walks like a duck, quacks like a duck, looks like a duck, quess what it is a duck. Dechaine is gulity!!! Get over it!!!
February 25, 2010 at 7:45 AM Report abuse
Feb04 said...
I do not know the man or Miss Cherry.I have always thought that Dechaine was innocent. There is something in his eyes that shows it to me. I feel sloopy police work is why he was convited. I hope I am proven right.
February 25, 2010 at 7:48 AM Report abuse
Nan said...
If Sarah died many hours after Deschaine was taken into custody, that only means that he savagely beat and raped her and left her to suffer for hours and hours before she finally succummed to the injuries. All the more reason to let this dirtbag rot in jail. How is Dennis paying for all his lawyer consultants? I can only presume he has a bunch of drug money stashed somewhere, yet another reason to keep him locked up. The man is guilty people, get over it.
February 25, 2010 at 7:59 AM Report abuse
Justincase said...
Feb04 said, "...Dechaine was innocent. There is something in his eyes that shows it to me." Huh? Is this the comedy channel? Tell me you're joking. I'm begging you to tell me you're joking because I refuse to believe that someone could actually say that while being serious.
February 25, 2010 at 8:03 AM Report abuse
heyjoe said...
The "eyes" have it! GUILTY!!!
February 25, 2010 at 8:14 AM Report abuse
heyjoe said...
Convited????
February 25, 2010 at 8:16 AM Report abuse
OldGuy said...
Mickey Mouse: Dechaine didn't confess to anyone. The detectives who testified to that have been proven liars BY THEIR OWN HANDWRITTEN NOTES. See them for yourself at: http://www.trialanderrordennis.org/pdfs/report.pdf If their own (previously concealed) evidence doesn't convince you, you're just not interested in justice. Truth trumps the complacent comfort of a counterfeit conviction. AS FOR WHEN the victim died, the State's autopsy report shows that the ligature compressed her neck to a diameter of 2 1/2 to 3 inches. Anybody think she could have breathed after that???
February 25, 2010 at 8:18 AM Report abuse
notaxforme said...
A recent survey of all the inmates at the state prison in Warren revealed that 99.9% of the convicts felt they were innocent and deserved a new trial.
February 25, 2010 at 8:18 AM Report abuse
Art said...
The DennisDechaine case in a nutshell: 1)Dechaine ,"gentleman farmer" & murderous druggie, rapes & kills an innocent child. 2) Cops have him nailed dead to rights but botch the investigation terribly. 3) Conspiracy theorist & liberal whack jobs ignore Dechaines incriminating behavior & implausible story and exploit every error and alternate explanation in a misguided effort to exonerate a guilty man. Sad but true! RIP Sarah Cherry
February 25, 2010 at 8:19 AM Report abuse
Oak said...
It is more important to get a conviction than to get the right conviction. Someone needs to be punished. And what better person to punish than a dirt bag drug user? If it is found that he didn't do it, then who did? What happens to our confidence in our police and prosecutors? What if these people knowingly convicted the wrong person? Putting someone, anyone, in prison and achieving closure is the most important thing. /sarcasm
February 25, 2010 at 8:25 AM Report abuse
MickeyMouse said...
Old Guy, I didn't imply he confessed to the detectives. Keep going...
February 25, 2010 at 8:28 AM Report abuse
BHO said...
A person would have to be absolutely........stupid..... to believe there was reasonable doubt in this case.........And would make a perfect juror for these scum bag killers amongst us.........
February 25, 2010 at 8:41 AM Report abuse
Art said...
I can picture ol' Dennis at the crime scene now..."You don't believe my fishing story? Er well, officer its like this: Even though I own a farm with a barn & significant acreage, I decided to drive to an unfamiliar area to do a few recreational type drugs. Imagine my surprise when coincidently they're happened to be a body in the area. It must have been that biker guy, yeah thats it... the biker! Now a little privacy please as I have a few things I'd like to stash between the seat cushions of this cruiser." "Trial & Error" is a pretty good description of the bogus explanations & erratic behavior displayed by Dechaine after he got caught! Anyone who believes Dechaine was not a party to this crime probably thinks Elvis is still alive as well!
February 25, 2010 at 9:22 AM Report abuse
heyjoe said...
Thank you, thank you very much....
February 25, 2010 at 9:26 AM Report abuse
Since1710 said...
Well, the physical evidence looks like it points to Dechaine, but it is true that someone else could have taken the stuff from his truck and committed the crime, though this is unlikely, it isn't impossible. I would be a lot more confident in this conviction if the state had used a credentialed pathologist rather than a medical doctor parading as a forensic pathologist. Also, there do seem to be some pretty pronounced disparities in the cops notes and the testimony at trial. As Oak has so wisely pointed out, this would not be the first time a case has been "solved" by grabbing the first dirtbag in sight and hanging a guilty sign on him. I just don't know if this guy is guilty or not. I wouldn't be opposed to another trial, though. I would also like to see the child molester who was convicted for having oral sex with a 12 year old girl that same week - he lived in the same small area - given a DNA test to see that turned up anything. This is a real murky case.
February 25, 2010 at 9:36 AM Report abuse
dosomething said...
Was the drug paraphenalia supposedly used in the woods by Mr. Dechaine ever recovered? That would certainly go a long way to supporting his story.
February 25, 2010 at 9:56 AM Report abuse
joeybrooks11 said...
Stop wasting the taxpayers money on this case....
February 25, 2010 at 9:58 AM Report abuse
GG0820 said...
Old Guy: The autopsy showed that Sarah Cherry had traces of soil and debris in her lungs. She was tortured and buried alive by Dennis Dechaine, the same man who confessed to several people, including offering an indirect confession to his first attorney.
February 25, 2010 at 12:32 PM Report abuse
OldGuy said...
GG0820: The autopsy does NOT say the victim had soil or debris in her lungs and she was not buried -- alive or dead. Her body, laying on its side, was partially covered by some foest debris and leaves. It would be so nice if people who want to say something had some idea of the facts, which GG0820 obviously does not. NOR did Dechaine confess to his attorney or anyone else. Where do people like you get these ideas? Certainly not from the case report or trial transcript.
February 25, 2010 at 4:44 PM Report abuse
GG0820 said...
Old guy -- right she was partially buried by leaves and soil. Actually -- I did not need to read a transcript (or Moore's book) to know what happened that day and at the trial.
February 26, 2010 at 9:51 AM Report abuse
GG0820 said...
Old Guy (since you claim to be familiar with the transcript) "Her body had been nearly completely hidden under several layers of debris, dirt, sticks, twigs, brush and the like gathered from the forest floor." Are you really only familiar with Trial and Error's summary of the transcript. And Wince 1710: Ronald Roy was the Chief Medical Examiner for the State of Maine, fully credentialed, and had in fact worked as a pathologist for the Army, not as you claim "medical doctor parading as a forensic pathologist". Jeez -- you people need to find a more worthy cause to occupy your minds. Maybe volunteer at Barbara Bush or something.
February 26, 2010 at 10:43 AM Report abuse
SteveS said...
Interesting that Mr. Stokes seems to think that since "time of death" wasn't used to convict Dechaine that it means time of death can't exonerate him. This is the kind of twisted logic that the state has used to dance around all the inconsistencies of this case for years. If he really is guilty, why not actually prove it, this time in a trial with all the evidence...
July 4, 2010 at 9:13 AM Report abuse