Bangor man resentenced for sexually assaulting daughter’s friends

By Judy Harrison, BDN Staff
Posted Dec. 21, 2010, at 10:31 a.m.

BANGOR, Maine — Jack Dempsey Bailey II was sentenced Tuesday at the Penobscot Judicial Center to 20 years in prison, with all but eight years suspended, for sexually assaulting two of his daughter’s friends in Bangor between 2003 and 2005.

It was the second time the owner of the now defunct Bubba Jack’s Restaurant on the Odlin Road in Bangor has been sentenced for the same crime. His original sentence was 20 years with all but 10 years suspended.

Bailey, originally convicted nearly two years ago, was granted a new trial in March by the Maine Supreme Judicial Court.

Earlier this month, Bailey, 48, of Bangor entered a conditional guilty plea so his Bangor attorney, F. David Walker IV, can appeal the denial of a motion to suppress evidence to the Maine Supreme Judicial Court again while Bailey remains incarcerated.

By pleading guilty, Bailey admitted to having sex repeatedly with one girl when she was between the ages of 11 and 13 and videotaping a victim exposing herself to the camera.

If Bailey were to win the second appeal, the charges against him would be dismissed. If the state’s high court were to reject the appeal, he would serve the rest of his sentence at the Maine State Prison in Warren.

In addition to prison time, Superior Court Justice William Anderson on Tuesday sentenced Bailey to six years of probation and ordered that he register as a sex offender for life.

Bailey first was convicted by Anderson in January 2009 after a jury-waived trial on 10 counts of gross sexual assault, one count of sexual exploitation of a minor and two counts of unlawful sexual contact. At the request of Penobscot County Deputy District Attorney Michael Roberts, who prosecuted the case, Anderson last month dismissed the count of sexual exploitation of a minor.

Bailey’s victims, now 18, did not testify at his trial. Although one of the teenagers attended Tuesday’s sentencing, she did not address the judge.

Last March, the Maine Supreme Judicial Court unanimously overturned Bailey’s first conviction because evidence was obtained illegally. The case was sent back to Penobscot County.

Anderson last month threw out evidence illegally obtained from Bailey’s computer and the videotapes of Bailey’s victims found as a result of the computer search. Anderson, however, ruled that the victims could testify.

Defense attorney Walker said Tuesday that he would appeal that decision and argue that the identity of the victims is “fruit of the poisonous tree,” meaning it should be excluded because police would not have been able to identify them except for the illegal search of Bailey’s computer.

Roberts has said that he does not believe the appeal will be successful because the victims could have come forward on their own without the search of Bailey’s computer.

http://bangordailynews.com/2010/12/21/news/bangor/bangor-man-resentenced-for-sexually-assaulting-daughters-friends/ printed on August 21, 2014