To the editor:
My heart sank when I read about the Hayes case [Child sex abuse case dropped due to illegal PD search, The County]. We can only hope it was a dismissal without prejudice.
I figured Aroostook County would go after this crime vigorously but an illegal search managed to toss it into file 13. If I weren’t so angry about this, I might say something hideous about the police department, but I have come to the realization that just because I think this crime should be prosecuted to the fullest extent of sentencing guidelines, that doesn’t make it so.
It all comes down to time. Those details will getcha, but it’s my understanding that under Maine law and broader Fourth Amendment principles, the imminent destruction of evidence is a recognized emergency that justifies temporary, warrantless containment of physical property. Then, it comes down to judicial discretion.
Rules are rules and laws are laws and tiny children being sexually abused by adults simply for the viewer’s entertainment should never be ignored. You can stick your head in the sand and pretend it doesn’t exist but only a fool would do that. So, I guess this Hayes person walks free. Perhaps the karma police will pay him a visit in the future.
I have had an ongoing round robin with the Hancock County district attorney for years now regarding this issue. He has done his best to see that the despicable individual charged with similar crimes does his time. Unfortunately, that defendant walks free today just like this Hayes person.
Mental illness should be dealt with properly, and believe me, if someone with these deranged tendencies walks free, look out. Pretty soon passing out those pictures isn’t going to do the trick.
Leslie Postero
Ellsworth
Former Maine Judicial Clerk, Criminal Division
