Dechaine Records Private Rules Supreme Court

In 1989 Dennis Dechaine was tried and convicted of the kidnapping and murder of 12 year old Sarah Cherry. He is currently serving a life sentence.

State Attorney General Steven Rowe created the Beaulieu commission in 2004 to investigate allegations that police and prosecutors augmented notes, ignored other suspects, misled the jury and destroyed evidence.

The resulting four page report found no evidence of misconduct. The report, however, was not accompanied with any documentation, notes or evidence.

James P. Moore, a former federal agent and activist for Dechaine, demanded they be released under the Freedom of Access Act. The commission did not respond so Moore appealed to the Cumberland County Superior Court.

The State Supreme Court ruled that the commission was a private body. The members, it argues, "were requested, not mandated, to perform the investigation, and they were asked to do it as independent private citizens, separate from the government and without being requested or expected to make any recommendations."

Two jurors dissented, saying, "The investigatory panel organized by the Attorney General was clearly performing a traditional government function – the internal investigation of allegations of prosecutorial and law enforcement misconduct."

The fight is not over for Moore who is considering taking his case to the Legislature.

Source