Latest news with #SupremeJudicialCourt
Sunday World
3 days ago
- Sunday World
Self-declared Michael Gaine murder ‘suspect' gave court ‘untrustworthy testimony'
American was involved in a bitter dispute with his ex partner over their two daughters The district court findings were made against failed asylum seeker and father-of-two Michael Kelley, who is originally from Waldo County, Maine in the US, during a bitter custody dispute with former partner Alicia Snow in 2009. Publicly available documents obtained by the Sunday World confirm the former US soldier made 'unsupported' allegations against Ms Snow during the dispute of 'practising witchcraft on the couple's children'. Kelley, who has denied any involvement in Michael Gaine's murder, was arrested on May 18, just over 36 hours after the victim's body parts were discovered in slurry being spread on his farm. Mike Gaine went missing on March 20 He was later released without charge. Gardai believe Mr Gaine was dismembered after he was killed and that the body parts were dumped in a 50,000-gallon slurry tank on the property. As part of the garda investigation, a full background check is being carried out on Kelley, who had been living 'underground' on Mr Gaine's farm and working as a 'farmhand'. Enquiries carried out by this newspaper have now established that Kelley is a father-of-two who was involved in a bitter dispute with his former partner Alicia Snow, which was ultimately decided in her favour by Maine's Supreme Judicial Court in 2009. Legal documents outlined Michael Kelley's 'untrustworthy' statements News in 90 Seconds - June 1st Records of this nature in the US are, unlike in Ireland, publicly available. According to court documents, Kelley and Ms Snow were involved in a romantic relationship and are the biological parents of two daughters. After they separated, Kelley brought a parental rights action. In 2006, a family law magistrate held a hearing and issued an order allocating shared parental rights between the parties, but stated 'in the event the parties are not able to agree, final decision-making is allocated to Ms Snow'. The order also awarded primary residency to Ms Snow. The 2006 order included a written agreement which afforded reasonable rights of contact with the children and stipulated that Kelley would not pay child support. After the original order was made, the former couple maintained a cordial relationship. Gardai on site Ms Snow was able to attain a nursing degree and begin a relationship with a new partner. Ultimately, however, the situation began to deteriorate, culminating in a series of miscommunications between Kelley's wife and Ms Snow. After a disagreement over a brief trip to Chicago for the children, Kelley filed a motion to enforce the 2006 parental rights order which he alleged prevented Snow from sending the children out of state without his consent. Kelley also filed a motion for contempt, alleging that Ms Snow violated the 2006 order by taking the children to visit their grandfather in Chicago. The court held a hearing on all of the motions on January 14, 2009. After hearing testimony from Kelley, his then wife, Snow, and Snow's father, the court made a number of 'findings of fact.' These included: Snow, meanwhile, was found by the court to be 'logical and rational and her abilities to act as an effective parent are far superior to those of Kelley'. Mike Gaine captured on CCTV before he disappeared The court ordered that Snow have sole parental rights. In his appeal to the Supreme Judicial Court, Kelley argued that the District Court erred when it awarded sole parental rights to Ms Snow. But the Supreme Judicial Court found: 'After a review of the record, it is evident that the court's findings are supported by the record as a whole. 'Because there is competent evidence in the record to support the court's decision, and it is clear that the court considered the best interests of the children in its award of parental rights, the judgment must be affirmed.' Mike Gaine's wife and sister The investigation into the murder of Michael Gaine is now in its tenth week. The popular farmer vanished on March 20. Mr Kelley worked on Gaine's farm for a number of years.
Boston Globe
6 days ago
- Politics
- Boston Globe
Maine judiciary clash: Lawmakers seek probe into judge ethics process
But the legislators' options appeared limited. Chief Justice Valerie Stanfill had previously testified that any legislative branch efforts to change the judicial branch's internal processes would violate the Maine Constitution's separation of powers clause. Advertisement 'The judicial power vested in the Supreme Judicial Court includes the exclusive authority to regulate the conduct of judges of all the courts, including imposing discipline or misconduct,' Stanfill wrote in her testimony opposing the bill. The legislative committee ultimately endorsed an amended version of the bill that would convene a group to study the court's process, despite being told by a judicial representative the legislature had no power to enact any changes the committee might recommend. The conflict between the two branches of government stems from Advertisement A January 2024 ethics complaint from attorney Thomas Cox had argued that the justice's decision not to recuse herself from two cases involving Maine foreclosure law was unethical because of her previous work representing banks in foreclosure cases. In one of those cases, , she argued for the bank, but the Court disagreed and decided against her, establishing a new precedent favorable to Maine homeowners. A few years later, a new court with Connors on the bench heard arguments in a similar case, Pushard . Connors the justice had helped overturn a precedent created in a case that Connors the attorney had lost, sparking outrage from some lawmakers and members of the bar who thought she should have recused herself from the case. Connors has defended her conduct, and pointed out that she sought advice from a judicial advisory panel, which advised her that recusal was not necessary. The Committee for Judicial Conduct evaluated the complaint and made an initial recommendation that Connors should be disciplined in October, clarifying in a December filing that the discipline should consist of a public reprimand. The power to mete out judicial discipline lies with the high court. Connors' case raised questions about what happens if a justice is the subject of a complaint, as well as about the potential conflict in tasking Supreme Court justices with deciding whether or not to discipline a colleague. In January, the Maine Supreme Court drafted new rules for how to handle the unprecedented complaint against Connors. The draft rules put the authority for evaluating complaints against Supreme Court justices in the hands of a panel of lower court judges. Advertisement But the rules have not been implemented, the Connors matter has not been closed and no timeline has been given for when it could be resolved. 'It looks like this matter is being swept under the rug,' Cox testified to the judiciary committee. Rep. Adam Lee (D-Auburn), who introduced the legislation, looked to neighboring Massachusetts for its system of evaluating allegations against Supreme Court Justices. Their process involves a similar process of creating a panel of lower court judges to evaluate misconduct by a member of the high court. Last week, Lee and the legislative committee seemed poised to amend the bill to avoid the constitutional issues raised by Stanfill. Instead of implementing a new system, they discussed creating a legislative study group to examine Maine's process for disciplining judges and justices. Judicial spokesperson Barbara Cardone reiterated her boss's position to the committee. 'What you're about to undertake is an unconstitutional exercise of legislative power,' Cardone said. 'I don't know how many of you understand how rare it is for the chief justice to speak out at a public hearing regarding the constitutionality of a bill. It's somewhat upsetting that that declaration, that advice, seems to go unheeded by members of this committee.' Some lawmakers pushed back, asking how it could be unconstitutional to form a legislative study committee. Cardone argued it was pointless to form a committee to study an issue the legislature had no say in. Advertisement 'If the legislature does not have that power, why would the legislature convene a study commission?' Cardone said. 'I guess that's the question that you all need to answer.' Cardone noted that the Court had received public comment on the proposed rules, and would soon be issuing another draft of the rules based on the feedback it had received. But she could not say when those rules would be made public, or what changes they contained. She said the rules would be different enough from the first draft that there would be another public comment period, and encouraged lawmakers to submit comments. Rep. Lee was defiant as he made a motion to advance the amended bill calling for a study group. 'The Maine Supreme Judicial Court is indeed the ultimate arbiter of the constitutionality of things, but they do so through cases and controversies, not through testimony to the judiciary committee,' he said. The committee voted to advance the bill by a margin of ten to three.
Boston Globe
23-05-2025
- Boston Globe
New Hampshire settles wrongful death lawsuit from Harmony Montgomery's mom for $2.25 million
Advertisement Montgomery ultimately beat the 5-year-old girl to death while they were living in a car with his wife and two other children in December 2019. But he hid her body, and her disappearance went largely unnoticed by authorities for two years, until Sorey grew frantic in late 2021 and came to Manchester to find her missing child. Get N.H. Morning Report A weekday newsletter delivering the N.H. news you need to know right to your inbox. Enter Email Sign Up Montgomery was The horrific crime revealed dangerous lapses in child protection services not only in New Hampshire but also in Massachusetts, where the Supreme Judicial Court recently ruled that a recording of the closed-door hearing that led to Montgomery winning custody of his daughter Advertisement Sorey's attorney, C. Kevin Leonard, did not immediately respond Friday to a request for comment about the settlement. A spokesperson for the New Hampshire Department of Justice declined to comment. Sorey will receive half of the $2.25 million settlement, according to a redacted copy of the agreement the DOJ released Friday to The Boston Globe. The other half will be divided equally to establish trusts for four individuals who are identified in the agreement by their initials only. The state hasn't admitted to any wrongdoing, and Sorey must cover her own legal fees, according to the agreement. This lawsuit is at least the third that New Hampshire officials have settled within the past year regarding the deaths of children known to the state's Division of Children, Youth, and Families. The state reached a $5.75 million settlement in July with Danielle Vaughan over the 2019 death of her 5-year-old son, Dennis Vaughan, and the state reached a $2.25 million settlement in December with Dennis Vaughan's grandmother, Sherry Connor, These civil settlements — which were Advertisement Governor Kelly A. Ayotte, a Republican, has said she Steven Porter can be reached at
Boston Globe
16-05-2025
- Boston Globe
Cambridge city councilor, other men accused of buying sex through brothel ring appear in court, plead not guilty
Advertisement Toner, who has said 'When the government accuses somebody, you're presumed innocent, and the burden of production and persuasion always rests with the government beyond a reasonable doubt,' Flaherty said. The following men also pleaded not guilty to the misdemeanor charge that carries a maximum sentence of one year in the county House of Correction and/or a $500 fine: Boya Zhou of West Roxbury allegedly arranged to buy sex in October 2023 and on several other occasions. He pleaded not guilty and was released on personal recognizance. His next court date was set for Aug. 1. Advertisement John Cascarano of Hingham allegedly sought commercial sex in October 2023 and engaged in sex for a fee through the alleged brothel ring 46 times, the prosecutor said. He pleaded not guilty and was released on personal recognizance. His next court date was set for Aug. 1. James Cusak Jr., of Boston, allegedly arranged to buy sex in March 2023 and engaged in sex for a fee 16 times through the alleged brothel ring, the prosecutor said. He pleaded not guilty and was released on personal recognizance. His next court date was set for July 22. Mitchell Rubenstein of Chestnut Hill allegedly arranged to buy sex in September 2023 through the alleged brothel ring. He pleaded not guilty and was released on personal recognizance. His next court date was set for July 22. Paul Grant of Charlestown allegedly agreed to buy sex through the alleged brothel ring in October 2023. He pleaded not guilty and was released on personal recognizance. His next court date was set for July 22. More men are expected to be arraigned when court resumes at 11 a.m. Friday. The men were allegedly identified as customers of the brothel ring, which shuttled The operators of the brothel The case drew national headlines after prosecutors said the operation's thorough bookkeeping allowed them to identify many of the men who had allegedly paid for sex. Advertisement A protracted legal fight ensued as the men identified as alleged customers asked the state's Supreme Judicial Court On May 6, lawyers for 25 men accused of being customers asked the court to postpone their arraignments. All were jointly denied by Judge David E. Frank. Authorities have said that the women working in the brothels were exploited by the ring's operators and the alleged clients. Many were Asian, spoke little English, and in some instances were living in the United States illegally. During the show-cause hearings that led to the arraignments , Cambridge Police Lieutenant Jarred Cabral described how the brothel ran. Text exchanges between its operators and alleged clients are quick and businesslike, with 'pleases,' 'thank yous,' and even a 'have a great day.' The men request certain women, often by stage name, agreeing to spend hundreds of dollars for a 'girlfriend experience' over the course of an hour. They typically called the payment a 'donation,' as is common in the sex trade, Cabral said. The men were directed to the entrance of an apartment complex and asked to send a text message to be buzzed in. They were not to linger in the hallway, the brothel operators warned; go straight to the room, but if there are other people around, hang back by the stairs or elevator. Once inside, don't make off-the-books deals with the women, or else you will be banned, they were instructed. This is a developing story. Nick Stoico can be reached at
Boston Globe
15-05-2025
- Politics
- Boston Globe
Immigrant advocates call on Healey to ban local ICE collaboration
The groups released a list of demands that includes both rhetorical and legal action from the governor. Advocates are calling on Healey to declare ICE a 'rogue federal agency' and sign legislation prohibiting local law enforcement agencies from signing agreements to hold ICE detainees or enforce federal immigration law. That would include terminating ICE's deal to hold detainees at the Plymouth County Correctional Facility — the last jail in Massachusetts to do so. The coalition is also calling for the creation of a 'reparations fund' to support communities affected by the sweeps and detention of immigrants and for the court system to allow fully remote court access, which would allow immigrants to attend hearings without risking encounters with ICE agents. Advertisement Healey said she is 'deeply concerned' by ICE actions and the fear they are creating in local communities. She did not directly address whether she would support any of LUCE's demands. Advertisement 'As Governor, I'm going to continue to speak out against those who think due process and the rule of law are things they don't have to abide by,' Healey said in a statement. 'The Constitution is not a suggestion.' ICE has said that its operations protect public safety, highlighting arrests of undocumented immigrants previously convicted of serious crimes. Advocates dispute that characterization, saying that many of the people being detained have no criminal history or record of violence. In 2017, the state Supreme Judicial Court ruled that state and local law enforcement do not have the authority to hold people solely to carry out a civil immigration detainer. But local sheriffs can still work with ICE through agreements under the federal Immigration and Nationality Act, in which local law enforcement agencies allow their officers to be trained and deputized by ICE. LUCE has placed itself on the front lines of local opposition to ICE, training volunteers to monitor, report and document ongoing ICE actions. Some recent detentions have sparked contentious protests, with demonstrators 'This conduct poses significant public and officer safety risks. It is conduct that should be vilified rather than glorified,' Foley said in a statement. 'I will not stand idly by if any public official, public safety officer, organization or private citizen acts in a manner that criminally obstructs or impedes ICE operations.' But Danny Timpona, organizing director for the Worcester-based advocacy group Neighbor to Neighbor Massachusetts, said that all of LUCE's activities are constitutionally protected, and do not violate federal laws against obstructing immigration agents. Rather, he said, it is a necessary response to ICE agents 'kidnapping' immigrants without identifying themselves or providing warrants. Advertisement 'This fear and chaos is purposeful and is a public safety crisis for everyone,' he said. Dan Glaun can be reached at
