Judge denies probation revocation, saying prosecution failed to get man to court on time

Posted June 13, 2014, at 3:59 p.m.
Last modified June 13, 2014, at 5:54 p.m.

ROCKLAND, Maine — A 48-year-old Cushing man, who was arrested last week for assaulting a woman in Rockland, was freed on his own recognizance Friday after the judge said the prosecution failed to get him to court in a timely manner.

The prosecution was seeking to have probation revoked for Robert Young who was arrested June 5 for an alleged assault. Young will still need to appear in court on the revocation motion next month.

According to an affidavit filed in Rockland District Court, a woman said that Young pushed her down on June 4 after they had an argument over him shorting her on a marijuana deal. At the time, Young was on probation after serving a 9-month sentence on a drug trafficking conviction from June 2013.

Following his arrest last week, officials sought to have Young’s probation revoked, but Judge Susan Sparaco ordered him released during a Friday hearing in Rockland District Court.

The judge pointed out that people arrested in Maine have the right to make an initial court appearance within five days of their arrest — excluding weekends and holidays. She said the prosecution failed in this case to have Young make his initial appearance in a timely manner.

Assistant District Attorney Christopher Fernald responded that he had been asked to stand in Friday for the attorney general’s office and did not know why Young had not been brought to court earlier this week.

Assistant Attorney General Katie Sibley, a drug prosecutor who handles Knox County cases, referred questions about Young’s case to Timothy Feeley, a spokesman for the department. Feeley said Sibley was only involved in the underlying conviction, not the new alleged conduct/probation violation. He said it might be a question for the probation office.

Deputy Rockland Police Chief Wally Tower said Friday that the victim in the alleged assault was not charged for drug possession after she reported the assault and being shorted on the pot sale.

 

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