ELLSWORTH, Maine — Though his 28-year sentence for molesting his music students was vacated by the state’s highest court, a former Blue Hill man has been resentenced to serve 27 years behind bars.
Theodore S. Stanislaw, 52, was convicted and sentenced in January 2010 of unlawful sexual contact, unlawful sexual touching and assault for inappropriately groping girls who were between the ages of 10 and 14, according to documents filed in Hancock County Superior Court. Stanislaw was indicted in April and August 2009 on 18 counts of molesting or assaulting five girls who took private one-on-one music lessons at his home between 2002 and 2008.
He ended up pleading guilty to nine of those charges and was ordered by Justice Kevin Cuddy to serve 28 years behind bars.
Last month, however, the Law Court vacated the sentence, saying that Cuddy misapplied a three-step analysis in determining how much time Stanislaw should spend in prison.
During the initial sentencing, Cuddy did not articulate why he sentenced Stanislaw close to the maximum amount allowed by law for his crimes, the justices decided in a unanimous decision.
Stanislaw, through defense attorney Glen Porter of Bangor, had appealed the sentence on the grounds that Cuddy abused his discretion by imposing consecutive sentences that added up to 28 years and that the overall sentence was excessive.
On July 1, Cuddy sentenced Stanislaw again. This time around, he ordered the former music teacher to serve 27 years in prison. With the new sentence, Stanislaw will serve four years of probation upon his release and have three years hanging over his head if he gets in further trouble with the law. He also will have to register as a sex offender for the rest of his life.
Porter did not return a message left Tuesday afternoon at his office.
The prosecutor in the case, Hancock County Assistant District Attorney Mary Kellett, said Tuesday that on July 1 Cuddy cited two aggravating factors in Stanislaw’s case, one being the age of his victims and another being a prior criminal sex conviction. In 1982, when he was 23 years old, Stanislaw was convicted in New York of fondling a girl under the age of 11. He had been accused in Suffolk County of molesting three girls, ages 8, 9, and 10, in the basement of a hardware store he co-owned in the Long Island town of East Setauket, according to a Sept. 30, 1982, article published in the Port Jefferson Record newspaper.
In Maine, Stanislaw was friends with the parents of some of his victims’ parents at the time he molested the girls. Cuddy cited this fact, and Stanislaw’s claims that he’s been given trustworthy work assignments in prison, as an aggravating factor of Stanislaw’s behavior, according to Kellett.
“Mr. Stanislaw has a way of getting people to trust him,” the prosecutor said. “I think the court appropriately considered Stanislaw’s high chance of re-offending [with the new 27-year sentence].”
Kellett said Stanislaw will get credit for the time he has served at Maine State Prison in Warren since January of 2010.
According to Hancock County Superior Court documents, Stanislaw was accused by police of touching the genitalia of one student when she was 10 and 11 years old and another student when she was 13. Police say he exposed himself to one student, had her touch him inappropriately, and fondled her while she sat in his lap and drove a car in the driveway of his home. He also kissed several of the girls on their lips in an adult, sexual manner, documents indicate.