PORTLAND
Burton Hagar, the man who reportedly made statements about his infant son’s 1979 death that led to his arrest for murder, will appear in court Friday for a bail hearing.
Hagar, 62, of Lewiston remains held without bail at Cumberland County Jail after pleading not guilty to a charge of intentional and knowing murder in the death of his child, Nathan Hagar. Hagar was indicted April 7 by a Cumberland County Grand Jury that found probable cause for his arrest.
The death of the child, four months old at the time, was originally investigated as a result of sudden infant death syndrome.
The proceeding Friday may include testimony, affidavits and other reliable evidence as permitted by the court, according to state statute. The hearing will determine whether Hagar will be permitted bail pending a trial.
The prosecution, led by Assistant Attorney General Meg Elam, is seeking to deny bail.
Court files containing information on why Hagar was charged and what evidence led the state police cold case squad to arrest him remain sealed under Justice Thomas Warren. However, Hagar’s court-appointed counsel, Verne Paradie Jr., said last week his client was charged based on statements he made to various individuals in the past, including ex-spouses.
The statements were the subject of a previous investigation.
However, Hagar was not charged at that time, due to a rule prohibiting the admission of an extrajudicial confession into evidence in a criminal case unless there is independent proof a crime occurred. The rule dictated an admission alone is not sufficient evidence to convict a person.
That rule has been watered down by recent court decisions, Paradie explained. There is no new physical evidence in the case, the attorney said.
According to previous reports, in May 1979, the child was found unresponsive in the family’s 16 School St. apartment in Brunswick and later died at Parkview Hospital.
In April, Paradie said Hagar does not have a criminal history, adding his client told him he is disabled and has another minor child.
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