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Verdict Reaction Varied in Sebago Lakes Region

October 08, 2008 - NAPLES -- Even as residents disagreed about the guilt of Robert LaPointe, they found common accord in their desire for stronger regulation of boat traffic in the Lakes Region.


“I think he was drunk. I think he was speeding. And I think he killed two people,” said Karen Harris as she ate lunch at Bray's Brewpub and Eatery in Naples last Friday.

Harris was eating in the restaurant where Terry Raye Trott and Suzanne Groetzinger, victims of the collision between LaPointe's boat and their own, were known as friends and co-workers.

Also at Bray's Friday, Harrison resident Ted Raymond said he had considered joining Trott and Groetzinger in a borrowed boat on Long Lake Aug. 11, 2007, the night of the fatal crash.

“I think it was an accident. The guy probably had six or eight beers like everybody else. I’m sure he didn’t mean it,” Raymond said. “I don’t want to see the guy go to jail.”

On Sept. 24, after deliberating for 2 1⁄2 days, a jury in Cumberland County Superior Court in Portland found LaPointe, 39, of Medway, Mass., guilty of two counts of aggravated operating under the influence.

The verdict established that LaPointe was intoxicated when his 32-foot boat, powered by twin 435 horsepower engines and named No Patience, sliced through a 14-foot boat operated by Trott.

LaPointe will be sentenced on Nov. 12 at 1 p.m. in Cumberland County Superior Court in Portland.

The events of that August night were relived during eight days of testimony from Maine game wardens, state chemists, residents along Long Lake and LaPointe himself.

Prosecutors led by Cumberland County District Attorney Stephanie Anderson were intent on establishing LaPointe caused the collision because he was reckless, inebriated and speeding across the lake.

LaPointe's defense team of J. Albert Johnson, George Hassett and Neale Duffett attempted to prove that LaPointe was not drunk and operated his boat safely at all times, emphasizing the possibility that LaPointe couldn’t see Trott’s boat because it lacked proper navigational lights.

The jury of seven women and five men that convicted LaPointe of aggravated operating under the influence was unable to come to an agreement on two counts of manslaughter and one count of reckless conduct with a dangerous weapon, leading Justice Robert Crowley to declare a mistrial on those charges.

Though convinced of LaPointe's guilt on all charges, Harris said the sense of loss has been more of a focus of conversation at Bray's than the trial itself.

Harris said she was concerned with the inconsistencies between LaPointe’s testimony and the testimony of others, including a recorded conversation between LaPointe and Game Warden Jason Luce the evening of the crash.

Bridgton resident Marsha Swecker, who was eating her lunch at Beth's Kitchen Cafe in Bridgton, concurred with the defense, pointing out that if she were driving down the road and a car cut in front of her without lights on, the driver would be partially at fault if she hit the car.

“I feel Mr. LaPointe was guilty before he even went to court, in everyone’s minds,” Swecker said. “I feel bad for both families involved.”

State weighs its options

Cumberland County Assistant District Attorney Jennifer Norbert, who prosecuted LaPointe with District Attorney Stephanie Anderson, said they would decide whether or not to re-try LaPointe for manslaughter and reckless conduct charges after seeing what sentence he receives for his two convictions.

Norbert said she and Anderson will also take a close look at the results of juror questionnaires, which ask what evidence was most influential and why jurors were or were not swayed.

“I don’t think that if we had gotten the manslaughter conviction it would have been a more significant sentence,” Norbert said. Individuals convicted of aggravated operating under the influence and manslaughter after a vehicle collision can receive sentences ranging from six months to five years, similar to possible sentences for solely aggravated operating under the influence, she said.

Though the maximum for each count of aggravated operating under the influence is five years, Norbert said LaPointe will likely serve the sentences concurrently.

To determine LaPointe’s sentence, Crowley will take into account any prior criminal history, traffic violations, the nature of the incident, the impact on victims’ families, the trial itself, any mitigating evidence defense attorneys present such as LaPointe’s family situation and the degree to which LaPointe has accepted responsibility for his actions, according to Norbert.

While requesting that Crowley revoke bail after the verdict Sept. 24, Anderson said LaPointe had 22 speeding convictions.

The case required a significant commitment of time and resources from the Maine Warden Service and the District Attorney’s office, Norbert said. She started working on the case just a few days after the collision, and Anderson has said she spent more hours on this case than any other.

“It was a commitment to learning things we hadn’t come across,” Norbert said, adding that the lake location of the crash made the case unique.

“I’m satisfied to know we really could not have done more,” Norbert said, while admitting she was disappointed by the verdict.

Time to slow down

“Being on a jury is incredibly difficult,” said Bridgton resident Joyce Barter Friday. Having been on a jury herself, Barter said she wasn’t sure what decision she would have made in their position.

“I’m rather baffled by the reasoning,” Barter said. “I think he should have been found guilty at least of reckless conduct. I don’t see how they could get to the OUI verdict and not get to the next step.”

Barter, Swecker, Harris and Raymond all thought there should be more laws governing the speed of boats on inland waterways, and Harris thought size of boats should also be restricted.

In the past year the crash has sparked renewed talk about boating safety. Rep. Richard Sykes, R-Harrison, introduced legislation, ultimately unsuccessful, in the Maine House to prohibit boats with engines of more than 500 horsepower from Long Lake.

Sykes also sought, unsuccessfully, mandatory training courses for all boat operators in Maine and additional wardens to patrol local waterways

Though Sykes said Wednesday he does not plan to re-introduce legislation to limit horsepower on area lakes, he would work on requiring a boating safety course for operators, something Sykes said is required in 40 states.

Sykes also plans to look at the results of a pilot project on Lake Winnipesaukee in New Hampshire this summer to set a speed limit for boats of 45 mph during the day and 25 mph at night.

Bob Beecher, a Naples resident and longtime boater, said he thought there was too much emphasis put on Trott’s alleged lack of lights in the trial, pointing out that LaPointe could have hit a loose dock and would still have been violating the rules of the road.

Beecher said he doesn’t see a lot of unsafe activity on the area’s lakes.

“I think most people do a good job and are responsible,” Beecher said.

By Julia Davis
jdavis@keepmecurrent.com
October 3, 2008

Lakes: Long Lake
Regions: Sebago


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