BIDDEFORD — Whether or not a man charged with murder and arson will face a bail hearing is up to a judge’s discretion.

In an unusual move, the Office of the Attorney General has filed a motion for a Harnish, or bail, hearing, against 18-year-old Dylan Collins of Biddeford.

On Tuesday, the defense filed a motion objecting to the hearing.

This is a turnaround on the normal course of events. In most cases, the defense tries to get their client out on bail and the prosecution objects.

Collins is charged with two counts of murder and arson for a Sept. 18 fire at 35 Main St. that resulted in the deaths of James Ford, 21, and Michael Moore, 23.

In addition, on Monday, Collins made his initial court appearance for a concealed weapons charge. This charge was originally impounded and sealed, along with an affidavit and warrant that remain sealed, according to the Associated Press.

On Thursday, the case file on Collins was sealed, according to a staff member at the Biddeford District Court Clerk’s office.

During Monday’s hearing, Collins and his attorney William Ashe, of Fairfield and Associates, appeared on video from the York County Jail in Alfred. The case was heard at the Biddeford District Court.

The weapons charge, which doesn’t specify the type of weapon, is a Class D misdemeanor, which carries a maximum sentence of 364 days incarceration and a $2,000 fine.

During a telephone interview on Thursday, Ashe said the purpose of a Harnish hearing is “to extinguish a person’s right to preconviction bail.”

Bail can be denied if the prosecution demonstrates that the case is a formerly capital case, and if there is probable cause that the defendant committed the crime, said Ashe.

Since Collins is charged with two counts of murder, his case would have been considered a capital case if Maine still had the death penalty.

Although his client has not admitted to the crimes, said Ashe, “I’m willing to stipulate that his is a formerly capital case and there is probable cause.”

As to why the attorney general’s office has requested the bail hearing in spite of the defense’s stipulation, “the motivation for the hearing is a question for Mr. (John) Alsop,” said Ashe.

Ashe also wondered, “Why hold a hearing if we agree?”

John Alsop, the assistant attorney general handling the case for the prosecution, did not return a call made to his office prior to press time.

Ashe also said he has not decided whether to ask for a competency evaluation to see if Collins is able to assist with his defense.

At Collins’ initial appearance last week regarding the murder and arson charges, the defense attorney had said he would decide by Monday whether to make such a request.

On Thursday, Ashe said, “I’m reserving my opinion on his competency.” He said he needs to spend more time with Collins before he decides whether to ask for a competency hearing.

The prosecution did file a motion for a forensic evaluation, he said.

Three types of forensic evaluations can be requested, said Ashe. These include a competency evaluation, an evaluation of whether a person has a abnormal condition of mind and an evaluation of other mental issues.

The state only requested a determination of whether Collins has an abnormal mental condition, which would evaluate his state of mind at the time of the crimes with which he is charged.

Prior to his arrest on Nov. 7, Collins was taken into custody by Maine State Police two days before while he was working at the Saco Amusement Center Monkey Trunks. He was held at Southern Maine Health Care for observation.

Ashe said he hasn’t been given information relating to his client’s hospital stay.

York County District Attorney Kathryn Slattery declined to comment on the case when a call to her office was made on Thursday.

When the York County grand jury convenes in December, it is likely to consider indictments against Collins for the murder and arson charges.

— Staff Writer Dina Mendros can be contacted at 282-1535, ext. 324 or [email protected].