Maine Supreme Court denies appeals

By Joseph Cyr
Staff Writer
    PORTLAND — The Maine Supreme Judicial Court affirmed last Tuesday the convictions of two southern Aroostook County men found guilty in separate cases. Brian Paquin of Linneus and Kirk Gould of Sherman were both appealing their sentences.
    Paquin, 47, of Linneus was convicted in September 2011 of breaking into a Houlton residence armed with an unloaded shotgun in September, 2010. He received a 20-year sentence, with all but 10 years suspended.
    Paquin also received three five-year sentences for two counts of criminal threatening and one count of possession of a firearm by a felon. He was found guilty of the burglary and criminal threatening charges at a jury trial earlier this summer. He also pled no contest to one count of possession of a firearm.
    Paquin appealed his conviction and was represented by Sarah LeClaire of Presque Isle, while Assistant District Attorney Kurt Kafferlin of Houlton represented the state.
    “Mr. Paquin argued that the evidence presented at trial was insufficient to sustain his convictions for burglary and criminal threatening with a dangerous weapon,” Kafferlin said. “Mr. Paquin also argued that statements made by the state in closing argument denied him a fair trial. The court decided the case on the briefs and no oral argument was held. The court disagreed with Mr. Paquin’s arguments and affirmed his conviction in an unpublished memorandum decision. I was happy to see that the court readily recognized that Mr. Paquin’s claims lacked merit.”
    In January, 2010, Gould was sentenced on two counts of gross sexual assault, also in Superior Court in Houlton. He was found guilty of sexually abusing a child under the age of 18 for more than five years.
    At that time, Gould was sentenced to 25 years in prison with all but 12 years suspended on the Class A felony charge. Gould will be on probation for four years. On a second charge — a Class B felony — Gould received 10 years to be served concurrently with the first sentence. The Class A felony charge of abuse took place when the victim was under 14 years old; the Class B felony charge covered a period of abuse when the child was over 14.
    “Mr. Gould appealed his conviction and the denial of his motion for a new trial that he filed following his conviction,” Kafferlin said.
    On appeal, LeClaire represented Gould, while Kafferlin represented the state. Former Assistant District Attorney Patrick Gordon represented the state at trial.
    “The claims raised by Mr. Gould on his appeal sought to challenge the interrogation by the Maine State Police, the performance of the District Attorney’s Office in its discovery obligations, and the conduct of District Attorney’s Office during the trial,” Kafferlin said. “Oral arguments were heard before the Maine Supreme Judicial Court on Jan. 11, 2012 in Portland.”
    The court affirmed Gould’s conviction in a unanimous decision written by Associate Justice Jon D. Levy.   
    “I am very pleased with the outcome of the appeal,” Kafferlin said. “The court made it abundantly clear that both the Maine State Police and the Aroostook County District Attorney’s Office conducted themselves in an appropriate manner. This decision brings closure to the case for the victim and the victim’s family and it helps ensure that Mr. Gould is held accountable for his crimes.”