BANGOR, Maine — A former local restaurant owner on Friday was found guilty of repeatedly having sex with a girl when she was between the ages of 11 and 13, inappropriately touching a second girl, and videotaping a victim exposing herself to the camera.
Jack Dempsey Bailey II, 47, of Bangor was convicted of 10 counts of gross sexual assault, two counts of unlawful sexual contact and the sexual exploitation of a minor after an hour-long jury-waived trial before Justice William Anderson in Penobscot County Superior Court.
Bailey owned Bubba Jack’s, a restaurant on Odlin Road in the complex that houses Movie Magic Cinema.
The girls were friends of Dempsey’s daughter, prosecutor Michael Roberts, deputy district attorney for Penobscot County, said after the trial. Both victims routinely spent two weekends a month at Bailey’s Bangor apartment from 2003 through 2005.
Bailey’s daughter is not a victim, according to Roberts.
The judge found that Bailey had sex with one girl at least 10 times between July 15, 2003 — a few weeks before the girl’s 12th birthday — and Oct. 15, 2005.
Anderson also found that Bailey had unlawful sexual contact with the other victim on July 15, 2002, and again on Nov. 1, 2003.
He videotaped the girl he had sex with repeatedly exposing herself on July 27, 2004, according to Bangor police Detective Brent Beaulieu, who investigated the case. A time and date stamp was visible on the videotape, he said.
The victims did not testify, but Roberts and defense attorney F. David Walker IV of Bangor stipulated that if the girls had been called as witnesses, they would have testified to the facts the judge found.
Bailey is scheduled to be sentenced at 2 p.m. Monday, Feb. 2, in Penobscot County Superior Court.
He faces up to 30 years in prison on the gross sexual assault charge alone, but his plea agreement with prosecutors calls for the recommended sentence to be 20 years with all but 10 suspended and six years of probation. Bailey also would be required to register as a sex offender for the rest of his life.
Bailey maintains he is innocent of the charges, Walker said after the trial. The attorney said his client agreed to proceed with the jury-waived trial and sentencing so that an appeal to the Maine Supreme Judicial Court on Anderson’s ruling on how evidence that led police to the victims was obtained could go forward.
If Bailey were to win the appeal, a new trial most likely would be held, according to Walker.