Testimony right now about how last time around the Attorney General's Office opposed this legislation because it would be a floodgate for people who falsely claim they are innocent.
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At the hearing on LD 302, which would allow a path for people to pursue claims of actual innocence in state court.
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Peter from Maine Prisoner Advocacy Coalition calls committee's attention to testimony from men at the Maine State Prison, NAACP branch who know first hand what this bill would mean.
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Anthony Sanborn is up now. He served 27 years for a murder he did not commit. "I still have no justice."
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Sanborn talks about the pain of being in prison waiting to be exonerated. He says after 10 years he gave up on the world.
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Sanborn talks about how he felt he had to take a plea to get out and be reconnected with his family.
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"I support anything that will give a man who is innocent his day in court. Because I spent 27 years in court for something I did not do."
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Annnnnnd the new Attorney General Aaron Frey stands in opposition the bill that would allow for an actual innocence claim.
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Attorney General Frey says even if you're innocent, if your process was fair, finality for victims outweighs your rights to further process.
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Attorney General Frey says that crime victims have constitutional rights in this process too, and their rights matter.
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Attorney General Frey says he doesn't see how the system isn't working, because Anthony Sanborn is out today. (He pleaded guilty to get out.)
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Representative Harnett (former AAG) asks AG Frey: can you really say after listening to Anthony Sanborn, that the system works?
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15 minutes later, the Attorney General, still talking, circles back to: victims deserve closure. We can't just think about what defendants want.
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Rep. Talbot Ross: wouldn't a victim's family want closure with the right person or persons held accountable? As opposed to just wanting closure to penalize anybody?
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Rep. Talbot Ross: Victims want the truth. I don't think this bill is about trying to deny victims closure.
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AG Frey: I just want to bring victims into this. We have to factor them in. He says "this is a retread" but he listened to this whole hearing and the process is working or worked.
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Now AG Frey says: let's talk about tweaks to current statute. This bill, LD 302 is not going to get us there. (I think this is his point. That the bill, as drafted, isn't going to be helpful.)
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Now John Pelletier of Criminal Law Advisory Committee. Points out problems with bill as drafted. Says finality of judgments is an important part of the legal system.
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John Pelletier says, you don't have one year to claim ineffective assistance of counsel, it's one year from when you discover that. Rep. Haggan: are you saying someone could submit 5 years or 10 years later?!
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John Pelletier cautions against requiring a hearing for defendant, he has often seen post conviction review be resolved in favor of a defendant without a hearing. (?)
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Chair Bailey, trying to understand the post conviction review process and ineffective assistance of counsel. No one is explaining it well
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