BANGOR — A man serving seven years of a 15-year sentence in connection with the hit-and-run death of a University of Maine student two years ago asked through his attorney Wednesday that he be released on bail while his appeal is pending before the Maine Supreme Judicial Court.
Garrett Cheney, 23, of South Berwick was dressed in an orange jumpsuit with his legs shackled rather than in the suit and tie he wore every day of his trial in July.
On Dec. 7, Superior Court Justice William Anderson sentenced Cheney to 15 years with all but seven suspended in the death of Jordyn Bakley, 20, of Camden. The judge denied an oral motion for post-conviction bail made by Cheney’s trial attorney, William Bly of Biddeford, after the sentencing.
Cheney’s new attorney, Timothy Zerillo of Portland, who is handling the appeal, argued Wednesday that his client should be released from prison because he had no problems on pre-conviction bail of $50,000 surety.
Penobscot County District Attorney Christopher Almy, who successfully prosecuted the case, argued Wednesday that Anderson’s decision at Cheney’s sentencing was “fair and appropriate and should stand.”
Anderson said he would issue his decision in writing soon but there is no timeline under which he must make his ruling.
In addition to manslaughter, Cheney was found guilty of aggravated criminal operating under the influence of intoxicants, leaving the scene of an accident that resulted in serious bodily injury and criminal operating under the influence of intoxicants.
Correction: An earlier version of this story misspelled the name of Garrett Cheney's attorney. His name is Timothy Zerillo, not Zerillos.