Bangor man gets 10 years in sex case

Posted Feb. 03, 2009, at 9:49 p.m.
Last modified Feb. 13, 2011, at 10:43 a.m.

BANGOR, Maine — A 17-year-old girl told a Superior Court justice that she feared children in the community would not be safe unless Jack Dempsey Bailey II, 47, of Bangor was sent to prison.

Bailey, the former owner of a Bangor restaurant, was sentenced Tuesday in Penobscot County Superior Court to 20 years in prison with all but 10 suspended for repeatedly having sex with the 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.

He faced up to 30 years in prison on the gross sexual assault charge alone.

Neither of the victims spoke at the sentencing, but the girl Bailey was convicted of having sex with between 2003 and 2005 submitted a written impact statement to Justice William Anderson. It is not a public document, but Michael Roberts, deputy district attorney for Penobscot County, outlined after the hearing what the girl had written.

“She said that she has a distrust of men now,” Roberts said. “She said that she felt that her career goals may be in jeopardy because of that distrust. She wrote that she was deprived of her childhood and feels shame even though she knows it was not her fault. And she wants children to be safe in the community, and they won’t be unless he’s in prison.”

The girls were friends of Dempsey’s daughter, Roberts said last month 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.

Anderson also sentenced Bailey to six years of probation and imposed a list of conditions that include no contact with the victims or their families, no unsupervised contact with minors under the age of 18, not to be in places where children congregate, not to join organizations that serve minors, not to use alcohol or illegal drugs and to seek sex offender treatment. Bailey also will be required to register as a sex offender for the rest of his life.

Bailey was convicted last month 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 Anderson.

He owned Bubba Jack’s restaurant, formerly located in the complex that houses Movie Magic on Odlin Road.

His only prior criminal convictions are for writing bad checks in 1989, Roberts told Anderson.

Bailey’s attorney, F. David Walker IV, declined Tuesday to address the court. He said after the sentencing that Bailey maintains he is innocent of the charges. 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 over 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.

Bailey also is expected to be charged in federal court for downloading child pornography from the Internet, Roberts said.

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