1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 STATE OF MAINE SUPERIOR COURT Criminal Action CUMBERLAND, ss. Docket No. CUMCD-17-531 ANTHONY SANBORN, JR., ) ) Petitioner, ) ) V. ) ) THE STATE OF MAINE, ) ) Respondent. ) BAIL HEARING BEFORE: THE HONORABLE JOYCE A. WHEELER JUSTICE OF THE SUPERIOR COURT Cumberland County Courthouse 142 Federal Street Portland, Maine April 13, 2017 9:21 A.M. APPEARANCES: FOR THE PETITIONER: AMY L. FAIRFIELD, ESQ. KEVIN G. MONYAHAN, ESQ. FOR THE RESPONDENT: DONALD W. MACOMBER, ESQ. JANETTE L. COOK OFFICIAL COURT REPORTER
Transcript
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STATE OF MAINE SUPERIOR COURTCriminal Action
CUMBERLAND, ss. Docket No. CUMCD-17-531
ANTHONY SANBORN, JR., ))
Petitioner, ))
V. ))
THE STATE OF MAINE, ))
Respondent. )
BAIL HEARING
BEFORE:
THE HONORABLE JOYCE A. WHEELERJUSTICE OF THE SUPERIOR COURT
Cumberland County Courthouse142 Federal StreetPortland, Maine
April 13, 20179:21 A.M.
APPEARANCES:
FOR THE PETITIONER: AMY L. FAIRFIELD, ESQ.KEVIN G. MONYAHAN, ESQ.
FOR THE RESPONDENT: DONALD W. MACOMBER, ESQ.
JANETTE L. COOKOFFICIAL COURT REPORTER
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WITNESS INDEX
Direct Cross Redirect Recross
HOPE L. CADY{By Ms. Fairfield} 9 29{By Mr. Macomber} 25
MARGARET C. BRAGDON{By Ms. Fairfield} 33 62, 71{By Mr. Macomber} 51 69
KATHERINE M. LAKE{By Ms. Fairfield} 73{By Mr. Macomber} 76
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EXHIBIT INDEX
I O A
PETITIONER'S EXHIBIT
1 A Drawing 20 31 31
2 A Photograph 20 31 31
3 Medical ReportDated 10/2/90 50 51 51
4 Medical NotesDated 9/19/88 63 63 63
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THE COURT: Please be seated. Could we
turn the air conditioning off. It may go back
on if it's get very stuffy but right now I am
cold.
Okay. Good morning. I am Justice
Wheeler. And there is going to be, as you un --
as you probably already know, a hearing this
morning on the question of whether or not a
post-conviction review petition that was filed
on behalf of Mr. Sanborn should be granted. In
addition, there is the question of whether or
not he should be released on bail pending the
determination of the post-conviction review
petition.
We are not going to finish everything
today. We had scheduled this for this morning
only. Our prosecutor needs to be before the
Supreme Court this afternoon so we cannot do it
this afternoon, but -- so hopefully we'll be
done here by 11:30?
MS. FAIRFIELD: Yes.
MR. MACOMBER: Yes.
THE COURT: Okay. And we're here to hear
from two -- or at least two witnesses, one of
them is Hope Cady and the other one is Margaret
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Bragdon.
Now, it's very critical -- I know that
there was a -- a round of applause, I believe it
was when Mr. Sanborn entered the courtroom. I
hope you've gotten it out of your system now
because I do not want any disruption during the
trial. If there is you will be asked to leave
the courtroom. We cannot have that kind of
disruption during the proceeding.
So that also means anyone with a
cellphone should turn it off. I don't want
cellphone ringing to interrupt the proceeding.
I don't want people recording anything on their
cellphone. I don't want photographs taken
except if you are with the press. If you're
with the press you've already been -- you've
already gotten a written approval to write or
take notes or video this. But if you're not
with the press you should not be -- you should
not have a cellphone out or an iPad or anything
of that nature.
Now -- are we ready to proceed?
MS. FAIRFIELD: Yes, Your Honor.
THE COURT: Is Mr. Sanborn ready?
THE DEFENDANT: (Nodded head up and
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down.)
THE COURT: Okay.
MR. MACOMBER: Yes, Your Honor.
THE COURT: So -- and so let me say
that we have before us today Don -- Donald
Macomber, who is -- are you an assistant or an
associate or --
MR. MACOMBER: I'm an assistant attorney
general, Your Honor.
THE COURT: Okay. Assistant attorney
general from the state's attorney general's
office. And we have Amy Fairfield and Kevin --
MR. MOYNAHAN: Moynahan, Your Honor.
THE COURT: Moynahan.
MR. MOYNAHAN: You knew that, that's all
right.
THE COURT: I knew that, yes. I see you
almost every day.
MR. MOYNAHAN: That's right.
THE COURT: And Kevin Moynahan are the
two defense attorneys for Mr. Sanborn.
Are there any other -- I see there's
somebody else seated in the table --
MR. MOYNAHAN: Your Honor, that's Kevin
Cady, our private investigator.
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THE COURT: Okay. Any relation to the
alleged vic -- to the victim here -- I mean to
the witness?
MS. FAIRFIELD: Judge, there is a very
distant -- Hope Cady's father is Kevin Cady's
cousin. But he had not seen Hope Cady for the
entirety of the time that she was living with
Doug and Nola Cady down in York, which was about
three or four years. But he did not have any
contact with her during that period of time or
his cousin, Doug. And in fact he's had very
little contact with Doug over the years.
THE COURT: Okay, thank you. And he is
your -- one of your private investigators?
MS. FAIRFIELD: That's right.
THE COURT: Okay. So since both
attorneys are ready, Ms. Fairfield --
MS. FAIRFIELD: Yup. The petit --
THE COURT: -- if you would call your
first witness.
MS. FAIRFIELD: I will. The petitioner
calls Hope Cady.
THE JUDICIAL MARSHAL: Is she in the
hall?
MS. FAIRFIELD: Yes, she is, thank you,
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I'm sorry.
THE COURT: Is she outside the courtroom?
MS. FAIRFIELD: She is right outside the
courtroom, yes.
THE COURT: There are -- if these three
move down a bit you can squeeze one more in
there. If you take your briefcase -- I guess
it's Ms. Branch's briefcase off, we can fit one
more person in. Maybe not. The woman in the
white sweater, do you wish to have a seat?
MR. MACOMBER: Actually, Your Honor, I
would disclose the woman who was seated is
Detective Sweatt, I would ask that she join me
at counsel table, if she's able to.
THE COURT: Yes, please, yes.
Did Ms. Cady come in?
THE JUDICIAL MARSHAL: She'll be right
in, Your Honor.
THE COURT: Okay. Could I ask people to
make space so that the witness can get in.
THE JUDICIAL MARSHAL: You can stand
here, face the clerk and raise your right hand.
THE CLERK: Please state your full name
and spell your last name for the Court.
A. Hope Liza Cady, C-A-D-Y.
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THE CLERK: Thank you. Do you swear or
affirm that the testimony you are about to give
in the cause now for hearing will be the truth,
the whole truth and nothing but the truth?
A. Yes.
THE CLERK: Thank you.
(DISCUSSION OFF THE RECORD.)
THE COURT: I don't know what was
clicking -- (cameras) can we not have that
clicking sound? Because we're not getting the
witness's statements. If she's not answering,
that's fine, but just don't interrupt her
answer.
They didn't get your middle name -- your
middle initial or middle name.
A. Liza.
THE COURT REPORTER: Thank you.
THE COURT: I will just ask everyone to
keep their voice up so I can hear.
DIRECT EXAMINATION
BY MS. FAIRFIELD:
Q. Good morning.
A. Good morning.
Q. You need to -- if you can maybe slide forward.
That is not going to amplify your voice, however
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it is recording and we need to get an accurate
recording, okay.
A. Okay.
Q. So if you can just try to keep your voice up.
THE COURT: I think it will amplify.
THE JUDICIAL MARSHAL: This is an
amplification, counsel, but she has to be close
to it.
THE COURT: So --
MS. FAIRFIELD: Okay. Thank you.
BY MS. FAIRFIELD:
Q. Can you please spell your name for the record.
A. H-O-P-E, C-A-D-Y.
Q. Okay. And, Ms. Cady, where do you currently
reside?
A. In Augusta.
Q. Okay. And have you -- how long have you lived
in Augusta?
A. Since January.
Q. Of this year, '17?
A. Yes.
Q. Okay. And prior to living in Augusta where were
you residing?
A. Orlando, Florida.
Q. Okay. And how long were you in Orlando?
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A. On and off since I was like 19, 20.
Q. Is that where your biological family is from?
A. Yes.
Q. And you recently lost your mom at the end of
2016, correct?
A. Yes.
Q. I'm sorry for that.
Is -- was that kind of the impetus for
you to move up to Maine? Back to Maine?
A. What is impetus?
Q. The -- why you moved up to Maine?
A. Yes.
Q. Okay. Now, I want to take you back in time,
okay, not too far right away, but I want to take
you back to about November of 2015. Do you
recall meeting a Lorea Gillespie, a private
investigator from the Innocence Project?
A. Is that the lady?
Q. She is a female.
A. Okay, yes.
Q. Okay. And she came to your home in Orlando?
A. Yes.
Q. Okay. And when you spoke with her, she spoke
with you about Mr. Sanborn's case, correct?
A. Yes.
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Q. And when you spoke with her you told her that
Tony really needs to get out of jail, correct?
A. I believe so, yes.
Q. Okay. Now I'm going to take you back to 1989,
okay? Specifically May 23 and 24, 1989. Did
you witness a murder down at the pier at the
Casco Bay Lines here in Portland, Maine?
A. No.
Q. You did not?
A. No.
Q. Okay. Now, were you down at the pier that
night?
A. Not that I can recall.
Q. No. But you're certain you did not witness a
murder?
A. Certain.
Q. Absolutely certain?
A. Yes.
Q. Okay. After May 23 and 24, '89, did you start
having contact with Portland Police officers?
A. They were stalking me.
Q. Okay. And what do you mean by that?
A. They were always there.
Q. And when you say they were always there,
whereabouts were they?
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A. Everywhere I went, my friend's house, my state
worker would put me in a home and they would
show up there.
Q. Okay. So approximately how many times from May
24th of '89 until you testified at trial in
October of '92 did you see Portland Police
detectives? Can you estimate?
A. Over ten.
Q. Okay. And when they came to see you, what would
happen?
A. I don't remember exactly, I just remember
feeling very threatened.
Q. Feeling very threatened?
A. (Witness nodded head up and down.)
Q. By the detectives?
A. Yes.
Q. And which detectives are we talking about?
A. Daniels and his rude little sidekick, I don't
remember his name.
Q. You said rude --
A. Yes.
Q. -- sidekick? Okay. Are we talking about Danny
Young?
A. Yes.
Q. Okay. And when you saw Portland Police
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detectives did they -- the two of them, Daniels
and Young, did they come together?
A. Yes.
Q. And would they interview at -- you at where you
were or would they take you to Portland PD?
A. To the police department.
Q. Okay. And where would they take you at the
police department?
A. In a little room.
Q. And can you describe the room?
A. No. Just really small.
Q. Okay. Was there a table or chairs that you
recall?
A. I don't remember.
Q. Okay. All right.
A. I just remember --
Q. Now you said --
A. -- being closed in.
Q. I'm sorry. You said you were threatened by
them.
A. I felt threatened.
Q. Okay. You had pending juvenile charges at that
time; is that correct?
A. Yes.
Q. Did they threaten anything relative to your
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juvenile charges?
A. I believe so.
Q. Did they threaten to put you in jail?
A. At the youth center for years.
Q. They told you they would do that?
A. Mm-hmm.
Q. You have to answer out loud.
A. Oh, I'm sorry, yes.
Q. Okay. And how did that make you feel?
A. Scared.
Q. Okay.
A. Alone.
Q. Okay. And at this point in time do you
recall -- well, strike that.
Did you live in one place during that
time period? And the time period I'm referring
to is May 24th of '89 until October of '92, did
you live in the same place during that
approximately -- approximately three and a half
year period?
A. No.
Q. Okay. And where did you move to?
A. In and out of foster homes, residential homes.
Q. Okay. It's fair to say you were pretty
vulnerable back in 1989?
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A. Yes.
Q. How old were you on May 24th of 1989?
A. 13.
Q. So how did it come to pass that you came to
court in October of '92 and testified that you
were at the murder scene and had witnessed it?
A. They basically told me what to say.
THE COURT: I'm sorry, can you not focus
just on Ms. Fairfield, because that's where your
voice is carrying. I didn't hear your last
answer.
A. I'm sorry, I'm trying to --
THE COURT: That's fine, just take your
time, but remember to look the bench
occasionally as well, not just the Ms.
Fairfield. I'm the bench.
A. Oh, I'm sorry. What was the question?
Q. So you indicated that they told you what to say.
A. Yes.
Q. Did you feel threatened when they told you what
to say?
A. Yes.
Q. Did you ever have occasion -- strike that, I'm
sorry.
When you went to these meetings with the
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detectives at the Portland Police station,
Daniels and Young, were you there for a short
period of time, a long period of time?
A. Long.
Q. You say long.
A. Long.
Q. Do you have any estimate of the -- the -- the
time periods? How long the time periods were?
A. No less than three hours.
Q. Your caseworker -- you were in DHS custody,
correct?
A. Yes.
Q. And your caseworker was Margaret Bragdon; is
that right?
A. Yes.
Q. On 3/14/90 do you recall a meeting with Daniels
and Young at Portland PD from about 4:00 to
6:30, where you complained -- or you stated to
Margaret that Young called me a fucking bitch?
Do you remember that?
A. No.
Q. Do you remember being called names by them?
A. Yes.
Q. Or by Detective Young? Yes? What -- did they
holler at you?
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A. Raised their voices and stuff?
Q. Yes.
A. Yes, I'm sorry.
Q. Did you know Anthony Sanborn prior to May 24th
of '89?
A. I knew of him but I didn't know him.
Q. Okay. And back in '89 how was your vision?
A. Better than it is now but not perfect.
Q. No. And in fact you saw a doctor who diagnosed
you as having 20/200 vision, correct?
A. That sounds right.
Q. Okay. So you couldn't see very far, correct?
A. No.
THE COURT: Can we pinpoint when that
was?
Q. October of 1990. Does that sound about right,
20/200 vision? Does that sound right?
A. Yes, I'm sorry.
Q. Okay. And have you been at eye doctors
throughout your life?
A. Yes.
Q. And did you go to eye doctors prior to May 24th
of 1989?
A. Yes.
Q. And were you prescribed glasses while you lived
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with Nola Cady, which would have been
approximately '84 to '8 --
A. I believe so, yes.
Q. Okay. And you had glasses while you went to
York district school, correct?
A. I believe so, yes.
Q. And you --
A. I kept losing them.
Q. Did you like to we are them?
A. No. I still don't.
Q. Okay. Can you make out what I look like right
now?
A. Barely.
Q. Okay. Is that kind of always the way your
vision has been?
A. Yes.
Q. So --
A. And now I found out that I'm color blind.
Q. I'm sorry?
A. And now I found out I'm color blind.
Q. You're color blind. Okay. So when you -- you
drew a drawing for Detective Daniels, do you
recall that, at the youth center?
A. I don't remember, but the lady showed me.
Q. Okay. And in that drawing you depicted where
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you were. Did -- did somebody assist you with
that draw drawing?
A. The detective did.
Q. And I'm going to show you what I've marked as
Petitioner's Exhibit 1.
MS. FAIRFIELD: May I approach the
witness?
THE COURT: You may.
Q. Do you recall making -- do you recognize that
document?
A. No. It's a horrible drawing.
Q. I think you were about how old?
A. I was 13.
Q. 13. Okay. Do you know the Portland waterfront
pretty well?
A. Not anymore.
Q. Did you back then?
A. A little bit.
Q. Okay. So I'm now going to show you what I've
marked as Petitioner's Exhibit 2.
MS. FAIRFIELD: May I approach the
witness, Your Honor?
THE COURT: You may. Is that two-page
document Exhibit 1?
MS. FAIRFIELD: Yes.
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THE COURT: Okay.
BY MS. FAIRFIELD:
Q. Do you recognize what I'm showing you as
Petitioner's 2?
A. Yes, this was the picture that the lady had.
Q. And that's a picture of the wharf, correct?
A. Yes.
Q. Okay. Now, do you remember putting yourself
down here in your -- in this drawing?
A. No, I don't.
Q. You don't recall that?
A. No.
Q. Okay. Okay. Is that a fair and accurate
depiction of the waterfront when you were down
there? When you lived in Portland around -- I
think you lived on the streets of Portland from
like '88 to '89?
A. Yes.
Q. Is that a fair and accurate depiction?
A. I believe so.
Q. Okay. Do you -- do you even know where the
homicide actually took place?
A. No.
Q. Do you recall on 2/25 of '92 meeting with
Detective Daniels for a couple of hours?
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A. I don't know the exact date.
Q. Do you recall that he told you that you were
going to go to court and testify?
A. Yes.
Q. And describe that conversation?
A. Scary.
Q. Why was it scary?
A. Because I didn't want to do it.
Q. Why didn't you want to do it?
A. Because I wasn't involved in it. Because I
wasn't -- he just basically said here is what
you need to say.
Q. Okay. And that was during a meeting with
Daniels?
A. Yes.
Q. Was Detective Young there as well?
A. I believe so.
Q. Okay. Was it a hostile meeting?
A. Yes.
Q. And in fact you reported back to Ms. Bragdon
that you never wanted to see them again,
correct?
A. I'm pretty sure, yes.
Q. Does that make sense?
A. Yes.
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Q. And at that point in time you were living with
Liz -- Liz Michaud up in Ellsworth, correct, or
that area? The Augusta area?
A. Yeah. Michaud.
Q. Michaud, I'm sorry.
A. Liz Michaud.
Q. Okay. Now at some point did you meet Assistant
Attorney General Pamela Ames?
A. Yes.
Q. And how many times did you meet Ms. Ames?
A. I don't remember exactly, but a couple.
Q. Okay. And at some point you disclosed -- strike
that, I'm sorry.
During those meetings what was -- what
was the general atmosphere, the environment, if
you will? Was it friendly?
A. No.
Q. And what makes you --
A. I felt very nervous.
Q. Okay. What makes you say no and why did you
feel nervous?
A. Because the cop was staring at me.
Q. Which cop?
A. Daniels, the tall one.
Q. Okay. And how was Ms. Ames towards you?
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A. I don't really remember lots of this. She was
just kind of there.
Q. Okay. Did she take you through trial prep?
A. Yes.
Q. And did she tell you what you were going to say
at trial?
A. Yes.
Q. And did you go along with what she said?
A. Yes.
Q. And was -- what she was saying for you to
testify to, was it similar to the -- as to what
Detectives Young and Daniels were telling you to
testify to?
A. Yes.
Q. Did they tell you that Tony Sanborn committed
this murder?
A. Yes.
Q. When did they tell you that?
A. I don't recall exactly. At first I didn't want
to talk to them and then they kept hounding me
and telling me that they knew this and they knew
that and basically tried to put me -- well, they
did put me in the middle of it.
THE COURT: Put you where?
A. In the middle of the investigation.
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Q. And you were scared?
A. I still am.
Q. Are you scared of them?
A. Yes.
Q. Is that who you've been scared of these years?
A. Yes.
Q. Do you have regrets about testifying the way you
did?
A. Yes.
Q. Do you have any knowledge about who killed
Jessica Briggs?
A. No.
Q. Do you have any knowledge other than what state
actor's told you, that Tony Sanborn killed
Jessica Briggs? Do you have any independent
knowledge of that?
A. No.
MR. MACOMBER: I have nothing further.
THE COURT: Cross-examination.
MR. MACOMBER: All set?
MS. FAIRFIELD: I am, thank you.
CROSS-EXAMINATION
BY MR. MACOMBER:
Q. Good morning.
A. Good morning.
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Q. You probably don't remember but you and I have
previously met. Or do you remember?
A. No.
Q. Do I look familiar to you at all?
A. No.
Q. And you don't recall that I was present at those
meetings that you had with Pam Ames back in
1992?
A. No.
THE COURT: Didn't you have hair then?
MR. MACOMBER: I appreciate that, Judge.
I had much more hair than I do currently.
Q. But then again, you don't look like you did when
you were 15 either so.
Now, Ms. Cady, do you recall sitting in
that chair 25 years ago and raising your right
hand and testifying to the jury that you saw
Anthony Sanborn kill Jessica Briggs?
A. No.
Q. You don't recall testifying about that? I'm
sorry --
A. No. I --
Q. -- so why do you have -- what's that?
A. I blocked it out.
Q. You've blocked it out. So why do you have
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regrets if you don't remember testifying about
it?
A. It's just the way I feel.
Q. And if you have regrets, why didn't you say
something from 1992 until now?
A. I was scared.
Q. Scared of who?
A. Those detectives.
Q. What did you think they were going to do to you?
A. I didn't know.
Q. Do you recall testifying back in 1992 that the
people that you were scared of were Anthony
Sanborn and his friends in the Portland area?
A. No.
Q. Do you recall telling Detective Daniels and
Assistant Attorney General Ames that that's why
you were reluctant to come forward with the
information that you had about the murder, is
because you were afraid that they were -- you
were going to be beaten by Mr. Sanborn's friends
in the Portland area?
A. No.
Q. Are you saying you don't recall or are you
saying that that never happened?
A. I don't recall.
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Q. The information that you have about your
eyesight, the 20/200 vision, at any point did
you tell Detective Daniels, Detective Young or
Assistant Attorney General Ames about how bad
your vision was in 1989?
A. I don't recall.
Q. And it's your testimony here today that you did
not see Anthony Sanborn stab Jessica Briggs in
May of 1989 -- 1989?
A. Yes.
MR. MACOMBER: I have nothing further.
THE COURT: Ms. Fairfield, any redirect?
MS. FAIRFIELD: Yes, thank you.
REDIRECT EXAMINATION
BY MS. FAIRFIELD:
Q. On 7/10 of '91 do you recall telling your
caseworker that you had seen Tony Sanborn at or
near Saco Beach and he was -- he -- you saw
Tony, the one associated with the Jessica Briggs
homicide, and he stared at you and stared at you
and made you uncomfortable. Do you remember --
do you remember that?
A. No.
Q. Okay. And did you have knowledge that Margaret
Bragdon conveyed that information to Detective
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Daniels at the Portland Police station?
A. No.
Q. Okay. Do you recall back in the day, when this
was all going on and the police were pulling you
in to the station for long periods of time,
being hostile towards you, do you recall being
confused about the date that this homicide even
took place?
A. I believe so, yes.
Q. And Margaret Bragdon met with you to go over
your dates and she said, I understand why you'd
be confused, because you moved around a lot?
A. Yes.
Q. Okay. Just to be clear, you weren't anywhere
near that pier that night, were you?
A. No.
Q. And you did not see Tony Sanborn kill Jessica
Briggs, correct?
A. No.
Q. You did not see him do that?
A. I did not see him do that.
MS. FAIRFIELD: Thank you. I have
nothing further.
RECROSS-EXAMINATION
BY MR. MACOMBER:
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Q. Just to be clear, in October of 1992 you
testified to a jury sitting in that box, from
that chair, that you did see Anthony Sanborn
stab Jessica Briggs; isn't that right?
A. Yes, it is.
MR. MACOMBER: Thank you. Nothing
further.
THE COURT: Ms. Fairfield, is that it?
MS. FAIRFIELD: Nothing further.
THE COURT: Thank you, you may step down.
A. Thank you.
THE COURT: And since this hearing
probably will not end today, I'll ask that the
witness continue to make herself available
pursuant to the subpoena should we need to hear
from her again.
MS. FAIRFIELD: Thank you.
THE COURT: I don't know if she's heard--
heard that.
MS. FAIRFIELD: I will make sure she gets
that information, Judge.
THE COURT: Thank you.
MS. FAIRFIELD: The petitioner will call
Margaret Bragdon.
THE JUDICIAL MARSHAL: Is she out in the
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hall, also?
MS. FAIRFIELD: Yes, thank you. I would
offer Petitioner's 1 and 2 into evidence, I
apologize.
MR. MACOMBER: No objection.
THE COURT: 1 and 2 are admitted.
MR. MACOMBER: And just a reminder about
the conversation we had in chambers, before Ms.
Bragdon testifies that you'll have to order her
to testify.
THE COURT: Right. Thank you.
THE JUDICIAL MARSHAL: If you could stand
right there. Face the clerk and raise your
right hand.
THE CLERK: Please state your full name
and spell your last name for the Court.
A. It's Margaret C. Bragdon, B-R-A-G-D-O-N.
THE CLERK: Thank you. Do you swear or
affirm that the testimony you are about to give
in the cause now for hearing will be the truth,
the whole truth and nothing but the truth?
A. So help me God I do.
THE CLERK: Thank you.
THE COURT: That will am -- I'm speaking.
A. A voice from afar.
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THE COURT: That microphone will amplify
your voice so it's important that you -- that
you be close to it.
Also, I know that you are now retired; is
that correct?
A. That is correct.
THE COURT: Well, let me introduce
myself. I'm Joyce Wheeler and I am the judge
presiding over this proceeding. It's been told
to me that you used to work for the Department
of Health and Human Services; is that correct?
A. Yes.
THE COURT: And Hope Cady was a client of
yours?
A. Yes.
THE COURT: And because of your former
employment and it involving a child, or a youth,
you are under certain confidentiality
requirements; is that correct?
A. That's correct.
THE COURT: Okay. For purposes of
today's proceeding I am ordering you to answer
the questions and to testify and to not assert
any confidentiality because I am waiving that
for purposes of this proceeding.
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A. Thank you.
THE COURT: You're welcome.
DIRECT EXAMINATION
BY MS. FAIRFIELD:
Q. Good morning, Ms. Bragdon.
A. Hi.
Q. You and I have met, correct?
A. That's correct.
Q. Okay. And in fact yesterday I provided you with
your narrative logs from this case, correct?
A. That's correct.
Q. And it's fair to say that you reviewed them?
A. I did.
Q. Okay. Now, I want to draw your attention to the
time period of May, 1989, until approximately
the end of October, 1992, okay.
A. All right.
Q. And were you Hope's case manager through the
Department of Health and Human Services for that
time period?
A. Yes, I was.
Q. Okay. Now, at some point did you learn that
Hope was meeting with Detectives Daniels and
Young?
A. Yes, I did.
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Q. Okay. And specifically I want to draw your
attention to 3/14/90. In your narrative logs
you note, meeting with Hope at Denny's, and I
think you're at Denny's, is that a fair
statement?
A. That's correct.
Q. All right. And you're waiting for Hope who is
at the -- the PD with Detective Daniels and
Young?
A. Yes.
Q. Okay. And you report, detectives Portland PD
Young and Daniels, Jessica Briggs investigation,
they questioned her for about two hours,
parenthesis, 4:00 to 6:30 yesterday, so 3/13/90.
She got angry because they were rude. Detective
Young called her a fucking bitch, according to
Hope, and she refused to cooperate at this
point.
Does that --
A. That's correct.
Q. Okay. And so we're clear, these narrative logs,
they're part of your job as a caseworker; is
that fair to say?
A. Very much so.
Q. And can you -- so can you describe briefly how
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these narrative logs come to be?
A. Usually I carried a book with me and oftentimes
would jot down some specific things while I was
with the client. Then I would go home, review
it and perhaps add more if I remembered more
things at that time.
Q. Okay. And when you crafted these narrative
logs, did you -- or is everything in here
truthful to the best of your ability and
knowledge?
A. To the best of my ability, yes.
Q. Okay. It's fair to say that you tried to record
day-to-day things with -- with your kiddos, not
just Hope, because how many kids did you have?
A. Approximately 50 at any one time.
Q. Okay. And you would meet with Hope and then
record things in your notebook and then it would
make a narrative log; is that fair to say?
A. That's correct.
Q. And why did you keep narrative logs?
A. You keep logs because there's a judicial review
every now and then and they need to know that
you are meeting with the child, that you are
providing whatever the child needs at the time,
like a group home, for example, somewhere safe,
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that type of thing.
Q. And during that timeframe that I referenced
before May of '89 to October of '92, was Hope
stationary in one place?
A. No.
Q. In fact you chased her all over the state?
A. Literally.
Q. Okay. And you found her multiple places,
correct?
A. That's correct, yeah.
Q. On 3/14, '90, you go on to state, according to a
statement made to me, Hope says, she saw
Michelle Lincoln hit Jessica and she has told
the police wanted her to give her Tony's last
name but she doesn't want to. She had seen Tony
Sanborn and Jessica arguing the night she was
murdered. It was too far away for her to hear
what was said. Did you write that down?
A. I did.
Q. Okay. And why is that?
A. Again, it's to try and help Hope process what
was happening and to again remind her that she
needed to be somewhere safe.
Q. You also note that, I remain surprised that the
police have never contacted me?
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A. I was more than surprised. I -- I was the one
that reached out to them initially.
Q. Okay. So you were her guardian, right?
A. That's correct.
Q. Okay. And in reviewing the entirety of your
narrative logs for this timeframe yesterday,
would you say that Hope's recitations about what
happened that night remained consistent or
inconsistent?
A. I would say that basically they were
inconsistent. And if I can add to that, much of
Hope's life had been inconsistent. And as she
reported things to me they were often
inconsistent.
Q. Okay. All right. And at one point she said she
wasn't even there, right?
A. She's done that. And she's said she was there
and could see everything. Yeah, it's gone back
and forth.
Q. Now, do you have doubts about her ability to see
things as she said she did at different points?
A. I do now, having reviewed my notes again after
25 years.
Q. Understood.
A. I -- there were some tests of her eyes and I
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think they said it was 20, 200, 20/200.
Q. 20/200. And at one point you called Detective
Daniels to say that -- actually on 7/10/91, to
say that Hope said she saw the Tony from the
Jessica Briggs murder and he stared at her and
stared at her, correct?
A. That's correct.
Q. And you wrote is Hope safe? Should I get her
out of town I think you said, right?
A. Exactly. I -- I really wasn't sure. I didn't
know Tony, I didn't really know the situation
very well, only from Hope's perspective.
Q. Okay. And in fact Detective Daniels called you
back, right?
A. He did.
Q. And he said Tony was in jail during that period
of time, correct?
A. That's what I had documented.
Q. Yup. And fair to say you spoke with Detective
Daniels on several occasions?
A. Yes.
Q. Okay. And you documented that Detective Daniels
called you back to say, it couldn't have been
that Tony because he's in custody correct?
A. Exactly.
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Q. You also note in your narratives that Detective
Daniels asked you to put together a timeline of
where Hope was from May of '89 until October of
'92, correct?
A. That's correct.
Q. And that's because when she met with them she
had screwed up her dates about when the homicide
actually took place, correct?
A. Right. And if you look at the timeline, you'll
see why. She was very confused about it.
Q. Okay. But Detective Daniels asked you to gather
up those records?
A. That's true.
Q. And you also note in your narrative logs on 2/25
of '92 that Hope was given immunity to testify,
correct?
A. She was told that, yes.
Q. Okay. And on 2/11 you note in your narrative
log, it sounds as if Hope may not have any
information they need but he needs to make sure.
And he is Detective Daniels, correct?
A. That's right.
Q. Hope -- I'm sorry. And at that same point in
time Hope is claiming that she is being harassed
or threatened by Dick and Mike, correct?
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A. That's right.
Q. And Michelle Lincoln is somehow involved in this
as well?
A. There were phone calls and --
Q. Not from Michelle to Hope?
A. No. No, no.
Q. Okay. And then -- so that's on 2/11, that you
note that she doesn't necessarily have any
information they would use. On 2/25 you note,
Detective Daniels is going to make Hope testify;
is that correct?
A. That's right.
Q. And you wrote, Daniels is talking to AAG
regarding this for subpoena. Something
definitely wrong with her optic nerves in both
eyes. Need to pinpoint what she can see and how
she sees. Correct?
A. That's correct.
Q. And that was relayed to doctor -- to Detective
Daniels?
A. Yes, it was.
Q. Okay. So he knew that she had eye problems; is
that right?
A. That's right.
Q. You note that Daniels talked -- this is on 2/25
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of '92, Daniels talked to her for over three
hours. When Hope came out she appeared pale and
shaken and said she wouldn't talk to him anymore
and she wouldn't testify either, correct?
A. That's correct.
Q. And you noted her physical demeanor?
A. Right.
Q. Pale and shaken.
A. She was very shaken at that point.
Q. Hope also had several criminal charges -- or
juvenile charges, excuse me, pending; is that
correct?
A. Yes, she did.
Q. Okay. And the police obviously knew that,
correct?
A. I would assume that they would, yes.
Q. Okay. Just to go back to that reference I just
made about the dates being out of sequence, you
documented on 5/14/92, TC from Detective
Daniels, 874-8593. Was that his phone number?
A. It must be.
Q. May 24, 1989, on sequence of dates of Hope's
whereabouts at time of murder. So he's
questioning her whereabouts at the time of the
murder?
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A. That's correct.
Q. I told him I would check this out. Had
difficult time getting all dates due to multiple
moves.
A. Yes.
Q. And then you go on, you say a long talk, Hope
wanted to know if she had to stay where she
lived and if Dan would be there in court. And
Dan is who?
A. I am assuming it would be Dan the policeman.
Q. Oh, or Dan Bates?
A. Oh, I'm sorry, yes, it would be Dan Bates.
There are two Dans.
Q. That's okay. Who is Dan Bates?
A. Dan Bates is an attorney that was also a
neighbor and friend of mine that I had hired for
Hope's best interests, not knowing what was
going to happen next.
Q. Were you worried for Hope?
A. I was very worried.
Q. Okay. And was this based on the way she was
presenting after meeting with these cops?
A. It was based on that and it was based on the
fact that she thought that somebody was after
her, and we spent a lot of time trying to figure
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out who somebody was.
Q. At any point in time, from May of '89 to October
of '92, did Hope bring up the fact in her
therapeutic communities that she had witnessed a
homicide?
A. I'm going to answer that the best I can, because
that would have been something that somebody
from the therapeutic community certainly should
have told me. I do not recall documenting that.
Q. If you had been told that, would you have
documented it?
A. Yes.
Q. So Hope asked you on 5/20 if Dan Bates is going
to be in court, and you said I told her I would
ask him. I also checked over the dates with her
and explained how she would have become
confused, correct?
A. That is correct.
Q. And then on 5/22, TC from Dan Bates. I asked
Dan the questions Hope had for me and explained
the mixup with the dates. He will get back to
me. Correct?
A. Yes.
Q. And then on 5/29 of '92, you -- TC to Detective
Daniels, left message, I had information on
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Hope's dates. Correct?
A. That's correct.
Q. On 9/27 of '92 you write, TC to Hope to wish her
good luck with the prosecutor tomorrow. And did
you know who the prosecutor in the case was at
that point?
A. I do not believe I did --
Q. Okay.
A. -- at that point.
Q. Do you know -- did you subsequently learn who it
was?
A. Yes.
Q. And who was it?
A. You would ask me.
Q. I'm sorry.
A. I'm sorry.
Q. That's okay.
A. It's somebody who is no longer a prosecutor
here.
Q. Does Pamela Ames --
A. Yes.
Q. -- sound familiar?
A. Sorry.
Q. Okay. And on the very next day, 9/28, TC to
Hope, she was with prosecutor for four hours and
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it was tough, you report, correct?
A. Yes.
Q. Dan was there the whole time and boy was she
glad.
A. Yes. That was why I had hired him, was
basically to protect her interests.
Q. Okay. On 10/15 of '92 you wrote down, Dan Bates
can't go in the courtroom with Hope because he
will have to testify later as to what Hope told
him. This is because Mike's story is so
different from Hope's. Now that Mike, is that
Mike Lamoreaux?
A. Yes.
Q. And that was her friend, boyfriend at the --
during the period of time?
A. Off and on.
Q. Okay. All right. And so -- to your acknowledge
did anybody ask Hope if she was willing to waive
privilege to have her attorney testify in the
same proceeding that she did?
A. Not to my knowledge.
Q. Okay. Okay. Now you stayed with Hope until she
graduated from -- is it Halldale?
A. Halldale.
Q. Okay. All right. And at some point, I believe
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it was August or September of '91, Hope goes to
Florida, correct?
A. That's correct.
Q. Much to your chagrin?
A. Definitely.
Q. Okay.
A. And without my permission.
Q. Oh, goodness. Okay. And you learned that she
was down there, correct?
A. Yes.
Q. And did you call Portland PD about this?
A. I think I talked to the Portland PD first,
because we were looking for her here first.
Q. Okay.
A. And then we found her in Florida.
Q. Okay. And at some point did you learn from
Portland PD specifically -- strike that, I don't
know who specifically it was -- that there was
New England only extraditable warrant for Hope?
A. I did.
Q. Okay. And did Portland Police tell you that
they were going to go down and get Hope from
Florida?
A. As I recall I thought that they were just going
to pick her up, either in Florida or a plane
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that was coming to Boston.
Q. Okay.
A. So one or the other.
Q. But it was a New England only warrant.
A. Yes.
Q. So how was Portland Police getting involved?
A. I believe that I had requested this to go a
national missing persons --
Q. Okay.
A. -- at that time.
Q. And in fact you spoke with Detective Daniels,
who actually did go down to Boston to pick Hope
up; isn't that correct?
A. Yes, after 25 years, yes, I believe that to be
correct.
Q. That's what you documented.
A. Okay, great.
Q. Do you recall that?
A. I recall that he went to get her. I could not
remember whether it was Florida or Boston that
he picked her up.
Q. Okay. Now -- and she was subsequently returned
to the youth center, correct?
A. Yes.
Q. You also document in your narratives that Hope
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had spoken with detectives in December,
Detectives Daniels and Young, in December of
1989, correct?
A. That's correct.
Q. And was that during the time that Hope was in
the hospital and they met her there?
A. I do not recall where she was at the time.
Q. Okay. But they spoke to her in December of '89?
A. Yes.
Q. That's what you documented?
A. Mm-hmm.
Q. Okay. And at one point in time Hope had
multiple juvenile assaults pending, correct?
A. Yes, she did. She has a very explosive
temperament.
Q. Okay. Looking back at all of your narratives
now, when you read them from a -- kind of bird's
eye view, do you question if Hope was there?
A. That is hard, because we're taught to believe
first of all whatever the kid says, like with
sexual abuse and that sort of thing. So I was
believing Hope. I have come -- now that I have
more information, which I did not have before,
it's my feeling that she probably did not.
And if I might go on with that a little
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bit, Hope at the time was strug -- she was 13
and she was struggling to be a cool street kid
and be tough. And in some ways this is a
wonderful war story and I think that there may
be some of that in it. But that is my own
judgment -- my own perspective. But I am not
sure that she saw what happened.
Q. And her stories that you document about what she
said she saw and didn't see are --
A. Right.
Q. -- inconsistent; is that right?
A. And that is what she was telling me, and so as a
result, you know, I documented it.
Q. Okay.
A. It's changed.
Q. It changed?
A. It changed.
Q. She didn't tell the same story twice, did she?
A. Not really.
Q. And she presented at fearful -- as fearful
during that time, correct?
A. She was terrified of something. And she was
saying, you know, that it was Tony and his
friends, but I am not sure that that's what it
was. I think she was fearful of getting herself
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in too deep and what was going to happen to her
next.
Q. And you knew Hope fairly well at this point; is
that a fair statement?
A. I think so.
Q. You two were very close?
A. Yes, yes.
MS. FAIRFIELD: Thank you. I have
nothing further.
MR. MOYNAHAN: Amy.
Q. Oh, I have -- I just want to show you one other
exhibit, and I apologize. This is -- I'm going
to mark this as Petitioner's 3. This is
something that came out of your file.
MS. FAIRFIELD: May I approach the
witness, Your Honor?
THE COURT: You may.
Q. Can you please take a look at that document. Is
that something you would have put in your file?
A. It should be.
Q. And it's a -- a report from an eye doctor,
correct?
A. That's right, when she was up at Homestead.
Q. Okay. And they have her right eye at 20/200,
correct?
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A. Yes.
Q. And her left eye at 20/200?
A. Yes.
Q. And that's signed by Dr. Sears M.D., correct?
A. Okay. This is the neurologist, correct?
Q. Yes.
A. That she saw. Any medical reports should be in
there.
Q. Would you accept my recitation that this was in
your file?
A. Yes, yes.
MS. FAIRFIELD: I would move the
admission of Petitioner's 3.
MR. MACOMBER: No objection.
MS. FAIRFIELD: Thank you.
THE COURT: Exhibit 3 is admitted.
Q. Thank you, Ms. Bragdon. I think Mr. Macomber
may have a few questions for you.
THE COURT: Cross-examination?
MR. MACOMBER: Thank you, Your Honor.
CROSS-EXAMINATION
BY MR. MACOMBER:
Q. Good morning, Ms. Bragdon.
A. Good morning.
Q. We have never met. So you wouldn't know that I
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didn't have -- that I had hair back in 1992.
A. That's okay, mine wasn't white, so --
Q. You were Hope's caseworker from May of '89
through the relevant period, October of '92; is
that right?
A. Yes.
Q. And it's fair to say that Hope told multiple
stories about whether she was there or wasn't
there throughout that period?
A. She did.
Q. And you hired Dan Bates, or asked Dan Bates to
represent her in -- do you remember -- do recall
when you hired Mr. Bates formal?
A. I can't tell you the exact date that I --
Q. Does 1992 -- like the early part of 1992 sound
familiar?
A. That would make sense, because it was when
things were going to be going to trial.
Q. And at that point, when Hope would meet with the
police and with the prosecutor, Mr. Bates was
with Hope during those meetings?
A. There was at least one interview that he should
have been with her and was not and I don't
remember, I'm sorry, who it was with.
Q. And do you recall Hope at any point from October
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of 19 -- excuse me, May of 1989 to October of
1992 telling you that she was being threatened
by the detectives?
A. That she was being what, I'm sorry?
Q. Threatened by the detectives.
A. She certainly felt threatened. And there was
one thing in there where she said she wouldn't
even go to the trial, she wouldn't do this, and
that is an indicator that she was threatened.
Q. And -- and much of the information that you have
is what Hope told you?
A. That's correct, or my phone calls to a
particular person.
Q. Right. So you didn't speak to Detective Daniels
yourself or -- did you speak to anybody at the
police department besides Detective Daniels?
A. Yes, there was the juvenile officer and I talked
to her, particularly when Hope had runaway.
Q. Okay.
A. We were trying to --
Q. All right. But with regard to the Jessica
Briggs murder, you were speaking to Detective
Daniels?
A. Mainly, yes.
Q. It's fair to say that from May of 1989 to
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approximately May of 1992 Hope was not providing
information to the police about what she claimed
to have seen in -- on the pier?
A. She would have been talking to them somewhere in
that timeframe, yes.
Q. Did she -- prior to May of 1992 did she tell
them that she witnessed the murder?
A. That I don't know. I wasn't party to the
interview, so --
Q. Okay. After May of 1992 to the time of trial in
October of 1992, isn't it true that Hope was
saying that she did see Tony Sanborn stab and
kill Jessica Briggs?
A. She has said that to me, yes.
Q. And did you have conversations with Attorney
Bates, too, about that?
A. Yes.
Q. Did he ever report that she was providing
contradictory information from May of 1992 to
the time of trial in October of '92?
A. No, he did not tell me that.
Q. And you're aware that Hope testified under oath
from the chair that you're sitting in that she
saw Anthony Sanborn stab --
A. No, I wasn't aware of it because I wasn't in
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here.
Q. Well, have you -- have you saw -- did Hope tell
you that she testified that she saw Mr. Sanborn
kill Jessica Briggs?
A. You mean right now?
Q. No, I'm talking about at the time of trial, in
October of 1992.
A. Oh, yes, she had been pretty consistent with me
on that.
Q. All right. At any point after May of 1992 to
the time of trial in October of 1992 was Hope
complaining to you about her treatment by the
detectives or by the prosecutor, apart from
saying that the meeting was tough?
A. She was very fearful of -- of them and very
fearful --
Q. Was she telling you that the detective and the
prosecutor was telling her what to say?
A. I'm trying to remember if I documented that.
But, yes, I believe that she had said that.
Q. When did she say that?
A. Somewhere getting close to the trial.
Q. You think you documented that?
A. I can't tell you without reviewing my notes.
Q. And -- but Attorney Bates --
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A. It's been 25 years.
Q. Attorney Bates you said was present in all but
one meeting with the detectives and the
prosecutors?
A. I believe that was the case.
Q. And do you think he would have reported to you
that detectives and the prosecutor were trying
to tell Hope what to say?
A. I don't know what a lawyer's privilege and so
forth is on that, whether he could divulge that
to me or how that would work out.
Q. I'd like to turn to the -- the eyesight issue.
Did -- to your knowledge did Hope have these
demonstrated vision problems in May of 1989?
A. No, she has never -- as a matter of fact the
first time I saw her put glasses on was this
morning, so obviously it changed.
THE COURT: I'm sorry, I didn't hear all
of your answer.
A. I'm sorry, what I was saying is that I do not
recall Hope ever wearing glasses when -- in my
company. When I would go to visit her at
various group homes and things like that, she
never had glasses on. The first time I've seen
her with glasses was this morning, so I'm not
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sure why that was.
Q. And -- well, we see the eye doctor report from
October of 1990.
A. Mm-hmm.
Q. Is there any indication prior to October of 1990
that Hope had vision problems that you were
aware of?
A. That might have come in on the paper, if you
will, that you get when you pick up a case, and
there might have been something in there, but I
do not recall, and that should be in the
folders.
Q. Well, was -- was Hope ever complaining to you
about her vision from October -- excuse me, from
May of 1989 to the time of trial, October '92?
A. No, she has never complained to me.
Q. From your own personal interactions with Hope,
did you ever have concern that she wasn't seeing
things that you were seeing, or had problems --
had problems seeing?
A. Right. I never saw any indication of that, but
I was probably spending a good deal more time
trying to keep her in a group home or in a
treatment center or something like that than
worrying about her eyesight at that point.
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Q. Because she -- she was a runaway, essentially,
and she was always --
A. Basically whenever the going got tough, whenever
they got close to Hope, she would run. Which is
pretty typical, by the way, of street kids.
Q. Right. I would like to turn to -- excuse me --
July, I'd like to ask you about a telephone call
you had with Detective Daniels in July of 1991,
about Hope and -- seeing Tony at this party.
Can you describe again for the Court exactly
what you recall --
MS. FAIRFIELD: It wasn't a party.
MR. MACOMBER: What's that?
MS. FAIRFIELD: It wasn't a party.
Q. Where she claimed that she saw --
A. Wasn't it at the beach?
Q. Yes, the beach.
A. Okay.
Q. Describe how she -- Hope had a conversation with
you?
A. She had a conversation with me and --
Q. And what did she say to you?
A. After 25 years -- it should be in the notes,
what she said to me.
Q. Okay.
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A. And probably just that she had seen him and she
was scared.
Q. And she specifically told you it was Anthony
Sanborn?
A. She said Tony.
Q. Tony?
A. I documented I believe Tony, which would have
indicated Tony Sanborn.
Q. And she was scared because it was the Tony
Sanborn that she thought had killed Jessica
Briggs?
A. Yes.
Q. And that was in 1991, correct, July of 1991?
A. I believe so, I believe so.
Q. And then you called Detective Daniels to ask
about where Mr. Sanborn was?
A. Yes.
Q. And he told you he was in custody?
A. He said he was in jail, I believe.
Q. Okay. And to your knowledge did Hope ever speak
directly to Detective Daniels about that
interaction, or sighting of Mr. Sanborn?
A. I don't know.
Q. All right. And then I'd like to turn to your
February, 1992, telephone call with Detective
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Daniels about -- well, your note saying that
Hope told you that he was going to make her
testify. And you said something her optic
nerves. Can you describe again for the Court
what you said to Detective Daniels about her
optic nerves?
A. I don't recall saying that. Can you read it to
me and then I can --
Q. Yeah, maybe I took it down wrong. I thought you
testified on direct that you told Detective
Daniels during a phone conversation in February
of 1992 that Hope had some kind of problem with
her optic nerves?
A. I don't believe I would have said that.
Q. Okay. Perhaps I heard you wrong. So the
conversation that you had with Detective Daniels
was about him making Hope testify?
A. Probably, yes.
Q. And do you recall what Detective Daniels said to
you about that?
A. I don't recall. I would have to look at my
notes.
Q. You were asked if any of Hope's therapeutic
treatment people reported to you that Hope had
said that she saw -- witnessed a homicide and
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that nobody reported that to you; is that
correct?
A. I believe that that would have been the question
that had been asked of me, not something that I
had documented.
Q. Correct.
A. Because I would document it if somebody -- if,
you know, one of the treatment people had said
anything, that should be documented.
Q. But Hope had told you specifically that she had
seen Tony Sanborn kill Jessica Briggs; is that
correct?
A. That was the initial, yes.
Q. The initial meeting --
A. Well, it was when we were first discussing, and
then things got a little bit different as time
went on.
Q. Okay.
A. I don't think that she ever said to me that she
did not specifically.
Q. So she never said to you that she did not see
Tony Sanborn kill Jessica Briggs?
A. She never said that specifically.
Q. Okay. And you also testified that Hope said she
was fearful of something and she was telling you
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that it was Tony and his friends; is that
correct?
A. Right.
Q. And that's when she was living in this area; is
that correct?
A. Yes.
Q. And in 1992, that's when she moved to the
Augusta area?
A. Yes.
Q. And after she moved to the Augusta area, that's
when she disclosed to the police that she had
seen Tony Sanborn kill Jessica Briggs, correct?
A. I believe she talked first to her foster mother.
THE COURT: I didn't hear your answer.
A. It was she disclosed to her foster mother,
Elizabeth Michaud, and, you know, talked with
her and Liz called me.
Q. And that's right about the same time that you
got Attorney Bates involved; is that correct?
A. Yes.
MR. MACOMBER: I have nothing further.
THE COURT: Redirect?
MS. FAIRFIELD: I have some brief
redirect, Your Honor.
REDIRECT EXAMINATION
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BY MS. FAIRFIELD:
Q. I'm going to show you what I've marked here as
Petitioner's Exhibit 4.
MS. FAIRFIELD: May I approach the
witness, Your Honor?
THE COURT: You may.
MS. FAIRFIELD: Thank you.
Q. Is this a document pertaining to Hope Cady?
A. Yes.
Q. Okay. And the date on it is?
A. 9/19/88.
Q. Okay. And in this document the doctor notes --
he performs a series of tests and he notes that
Hope has -- visual acuity problems were noted
and may have lowered her scores on visual
analysis subtext. Correct?
A. That's correct.
Q. So this dates back to September of '88 she has
vision problems, correct?
A. Yes.
Q. Okay.
MS. FAIRFIELD: I would move the
admission of Petitioner's 4.
MR. MACOMBER: No objection, Judge.
THE COURT: Four is admitted.
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Q. On 1/25/90 you note that Hope has an eye exam
coming up, in your narrative logs. Does that
sound correct?
A. Yes, it does.
Q. Okay. On 7/13/90 you note, optometrist, ocular
pressure is up, wants neurological consult,
nerve problem of the eye. Correct?
A. That's correct.
Q. And then she was referred for eyes to Dr. Jay
McCann in Bar Harbor, correct?
A. Yes.
Q. And she eventually had surgery. She had surgery
on her eyes between May of '89 and October of
'92. Do you recall that?
A. I do not.
Q. Okay. Now, on 10/12 of '90 you write, Dr.
McCann, PC from Bill Snipe, nurse at Homestead,
Hope saw Dr. McCann and then Dr. Malstrom,
neurologist. Elicit drug use probably is cause
she is losing some of her sight, both eyes.
Problem is optic -- optic nerve pallor.
Correct?
A. That's correct.
Q. Okay. Now --
THE COURT: What was the date on that?
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MS. FAIRFIELD: 10/12/90.
Q. And then on 1/7/91 you note, checkup on optic
nerve, correct?
A. That is correct.
Q. And in fact you buy her glasses at one point.
Do you recall that?
A. I don't.
Q. Fair enough. Now, in your narratives on page
47, 3/28/91, Hope said, I wasn't there and I
didn't do it but I know who the other person
was. She was referring to the Briggs murder,
wasn't she?
A. Yes.
Q. Okay.
THE COURT: What was the date on that?
MS. FAIRFIELD: 3/28/91.
Q. Were you at all surprised that Portland
detectives went down and got Hope from Florida
or Boston versus the juvenile detention unit?
A. I was very surprised.
Q. Did you tell Detective Daniels that Hope had
vision problems?
A. I don't recall ever saying that to him, but it
could have been in conversations.
Q. Well, if we look back at 2/25/92 you write,
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Detective Daniels is going to make Hope testify.
Daniels is talking to AAG regarding this for
subpoena. Something definitely wrong with her
optic nerves in both eyes. Need to pinpoint
what she can see and how she sees.
A. No, I don't think he ever followed up on that,
because he would have had to have gotten
permission from the state to have an eye exam
and all that.
Q. Okay.
A. So I don't think he followed up on it. And I
already had information, so --
Q. But you did tell him?
A. Yeah, I did.
Q. Okay. So when you just said you didn't recall,
did that refresh your recollection?
A. That did, yes, thank you.
Q. Okay. Okay. And have you seen the photograph
where Hope purports to be --
MS. FAIRFIELD: Can I have Petitioner's
2, please, or 3, I'm thinking. The map.
THE COURT: I don't know that you --
MS. FAIRFIELD: I did admit them and I'll
make sure that the clerk --
THE COURT: I don't know that you
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handed --
THE JUDICIAL MARSHAL: Are you looking
for the photograph?
MS. FAIRFIELD: Yes.
THE JUDICIAL MARSHAL: I set it over on
the table.
MS. FAIRFIELD: Great. So what have I
labeled --
THE CLERK: They're all labeled. This is
three and four.
MS. FAIRFIELD:
Q. Okay. So I'm going to show you what's been
marked as Petitioner's 2. Do you recognize that
photograph, without the --
A. I do.
Q. Okay. And where do you currently reside?
A. Peaks Island.
Q. So you're on the Casco Bay ferry quite a bit?
A. Yes, literally every day.
Q. Okay. So can you pick out where the Casco Bay
Ferry line is?
A. Sure, it should be right here right now. And
supposedly this happened over here and I don't
quite understand how one could see through this
building.
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Q. Okay. Because Hope puts herself three piers
over; is that correct?
A. Right, right.
Q. And she says --
A. That she sees something way over here.
Q. Okay. But that -- how far from -- would you
accept my representation that that's Chandler's
Wharf?
A. Yup.
Q. Okay. And then this is the ferry lines over
here, correct?
A. Yup.
Q. And if I were to represent to you that Jessica's
homicide happened over in here --
A. Yes.
Q. Do you know approximately -- and you're on the
ferries a fair amount, is that an accurate --
A. That's a fair statement.
Q. Okay.
A. Yes. And I would say at least 50 feet between
each water port, at least 50 feet, and then you
have the -- you know, docks in between. I think
it would be hard for anybody to see that far.
Q. Somebody with 20/200 vision?
A. Definitely not, yeah.
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MS. FAIRFIELD: I don't have anything
further of this witness. Thank you very much,
Ms. Bragdon.
RECROSS-EXAMINATION
BY MR. MACOMBER:
Q. I guess I'm confused about the February, 1992,
telephone call with Detective Daniels. Did you
or did you not tell Detective Daniels in that
phone call that Hope Cady had an optic nerve
problem?
A. I would need to see my notes on that.
MR. MACOMBER: May I approach, Judge?
THE COURT: You may.
MR. MACOMBER: Thank you.
Q. Down here.
A. Well, this is a telephone call from Elizabeth,
who is her foster mother.
Q. Okay.
A. To me.
Q. Is there anything in there about you telling
Detective Daniels about the optic nerve issue?
A. Daniels is talking to the AGG regarding this.
Something definitely wrong with her optic nerve
in both eyes. And as I say, this is coming from
Elizabeth. And I need to pinpoint what she can
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see and how she sees it. Yeah, that should have
gone to Detective Daniels, without a doubt,
either through me or through Elizabeth.
Q. What do you mean it should have been?
A. Detective --
Q. I'm asking you if you had a conversation with
Detective Daniels in which you had told him --
A. I had a conversation with Elizabeth.
Q. Okay. But did you tell --
A. Tell Daniels?
Q. Yes. Did you tell Detective Daniels --
A. After 25 years --
Q. You don't recall?
A. -- probably. It would have been my job to tell
him that.
Q. It would have been your job?
A. Yes.
THE COURT: Who is Elizabeth?
A. Elizabeth is the foster mother that Hope was
with, and she lived up in Farmingdale, I think.
Q. It's fair to say that your memory comes from
that note that you just looked at?
A. Yes.
MR. MACOMBER: I have nothing further.
Oh, I'm sorry, Judge, I do have -- yet again.
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THE COURT: Go ahead.
Q. These documents regarding the eye exam in
October, 1990, and the information about the
visual acuity from September of '88, did you
provide these to the detectives?
A. No. And I don't think he ever asked for them.
MR. MACOMBER: Thank you. I have nothing
further.
THE COURT: I have a question for you,
Ms. Fairfield. Whatever this witness talked --
testified about with regard to this photograph,
I have no idea where she was placing things.
MS. FAIRFIELD: Okay.
THE COURT: All I see is a photograph
with lots of green writing on it.
MS. FAIRFIELD: Okay. I can help you
out.
THE COURT: So if you could question her
in such as way as she points out --
MS. FAIRFIELD: Sure.
REDIRECT EXAMINATION
BY MS. FAIRFIELD:
Q. Ms. Bragdon --
MR. MACOMBER: There are red markers on
that table.
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MS. FAIRFIELD: Oh, thank you.
Q. Where on that diagram is the Casco Bay Lines, if
you want to mark it with that red --
A. It's -- ferry, and I would --
THE COURT: Keep your voice up, please.
A. Okay. I'm trying to figure it out myself.
You'll get this. And I've marked in red where
the ferry lines are. And Hope was over here,
where this little red spot is, and that's on
Chandler Wharf, over here. So she -- and here
is where the murder apparently took place, right
here. So she would have had to have seen
literally through another two docks to see the
murder, if this is actually where she was.
THE COURT: Okay. Thank you.
A. Okay.
MS. FAIRFIELD: Thank you. I don't think
I have anything further.
THE COURT: Now, do you --
MS. FAIRFIELD: Thank you.
THE COURT: Are you --
MS. FAIRFIELD: Judge, we're -- we're
through with Ms. Bragdon.
THE COURT: Okay. Then, Ms. Bragdon, you
may step down, thank you.
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A. Thank you.
THE COURT: And I would ask, Ms. Bragdon,
that you continue to remain available should we
resume this hearing and need your testimony --
need further testimony from you.
A. Okay.
MS. FAIRFIELD: I would call Katie Cady.
A. That's not my real name, does it matter?
THE JUDICIAL MARSHAL: Stand up here and
face the clerk and raise your right hand.
THE CLERK: Please state your full name
and spell your last name for the Court.
A. Katherine Moon Lake, L-A-K-E.
THE CLERK: Do you swear or affirm that
the testimony you are about to give in the cause
now for hearing will be the truth, the whole
truth and nothing but the truth?
A. Yes.
THE CLERK: Thank you.
DIRECT EXAMINATION
BY MS. FAIRFIELD:
Q. Good morning. And I'm very, very sorry.
A. That's okay.
Q. Kate Lake, correct, is your full name?
A. Katherine Lake.
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Q. Katherine, I'm sorry. I'm not doing very well,
I'm sorry.
Can you please state your full name and
spell your last name for the record.
A. Katherine Moon Lake, L-A-K-E.
Q. Good morning again. You are Hope Cady's
biological sister, correct?
A. Yes, ma'am, I am.
Q. Okay. If you could keep your voice up.
A. Sorry.
Q. That's okay. And who is older?
A. She is.
Q. Okay. By how many years?
A. Two-ish.
Q. Two-ish, okay. And the two of you were in
foster care together, correct?
A. Yes.
Q. And then you were eventually both adopted by
Nola and Doug Cady, correct?
A. Yes.
Q. And you stayed with Nola until you -- until
when?
A. Until I turned 18.
Q. Okay. And did Hope stay with Nola?
A. No.
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Q. Do you know approximately how old she was when
she left?
A. She must have been around 11 or 12 because I was
around nine or ten. I don't remember the exact
time she was moved.
Q. Fair enough. Regarding Hope's vision, what can
you tell me about her vision dating back to when
she was with Nola and Doug and you living in
York?
A. I mean obviously I don't know specific vision
numbers, but she always had glasses. She
refused to wear them. It was a constant fight
with her and my mom. I wear glasses as well.
But she just -- she would lose them, she would
break them, she would -- she just refused to
wear them.
Q. When she lived in York did you ever notice her
struggling to see things without her glasses?
A. She didn't really talk about it. But I mean I
remember conversations between teachers and my
mom, about how she was struggling, I -- she
would never say anything to me about it,
obviously.
Q. But back in York you recall her having vision
problems?
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A. Oh, yeah.
Q. And when you say, oh, yeah, what -- what do you
mean by that?
A. Well, again, I don't know the specifics, but I
know she always had -- my mom and her were
always fighting about her glass, always. She --
since we were adopted we would go to the eye
doctor every year and --
Q. And Hope had vision problems?
A. Yes.
Q. And was she -- do you know if she was supposed
to wear them for close up or far away or both?
A. All the time I believe. As I said, I don't know
specifics, unfortunately.
Q. Okay.
MS. FAIRFIELD: I don't have anything
further, thank you very much. And I'm sorry
that I wasn't accurate with your name.
CROSS-EXAMINATION
BY MR. MACOMBER:
Q. Good morning. I just want to get a timeframe
from you. When -- when you were living -- was
it in York that I heard?
A. Yes.
Q. When was that?
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A. We -- I was -- we were placed when I was six,
so -- I'm so bad with math, '81, '82-ish.
Q. Okay. And were you living with Hope from May of
1989 to October of 1992?
A. No.
Q. Okay. When did you stop living with Hope?
A. Like I said, I was nine or ten, so it was
somewhere between '87 and '88 when she was
removed from the house.
Q. Okay.
MR. MACOMBER: That's all I have, thank
you.
THE COURT: Anything further?
MS. FAIRFIELD: No, thank you.
THE COURT: Thank you, you may step down.
MS. FAIRFIELD: I -- I don't have
anything further at this point.
MR. MACOMBER: For this morning --
nothing further for this morning.
MS. FAIRFIELD: Not for this morning.
THE COURT: Correct. So do you have
something for this morning?
MR. MACOMBER: At this point, Judge, I
have affidavits from Detective Daniels and
Detective Young. I provided a copy of Ms.
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Fairfield's motion for bail with all the various
attachments and asked them to prepare
affidavits. They deny the allegations in the
motion.
I also have spoken with Assistant
Attorney General Ames on the phone and I've
asked her to prepare an affidavit as well. She
didn't have time to prepare it before this
morning's hearing but she did tell me that she
categorically denies the allegations in the
motion.
What I would ask the Court to do at this
point is to defer ruling on the motion for bail
until we can have a hearing where Detectives
Young and Daniels and the Assistant Attorney
General Ames can testify regarding the
allegations in the motion. Obviously -- it's
very serious allegations and we've heard a
recantation of very important trial testimony
this morning. Ms. Cady never once came forward
to the state or to the detectives from 1992 to
the present day to say that she essentially was
committing perjury in October of 1992.
The petition obviously raises tremendous
allegations here and I would ask the Court to
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defer ruling so that the detectives and the
assistant attorney general have a chance to
testify under oath to explain themselves, defend
themselves against --
THE COURT: How soon can they be made
available?
MR. MACOMBER: We had talked about --
earlier this week the end of the month, but if
you have an earlier date, then you pick the --
you pick the date --
THE COURT: I want to take a moment and
look at their affidavits, so --
MR. MACOMBER: Okay.
MS. FAIRFIELD: Judge, can I be heard
briefly on that.
THE COURT: Yes.
MS. FAIRFIELD: I don't think it's
appropriate for the AAG, with all due respect, I
provided Mr. Macomber with affidavits the other
day in your chambers of more recanting witnesses
that Detective Daniels and Young did this exact
same thing to. So had I known I would have
brought those affidavits to the Court here
today.
MR. MACOMBER: I have them here if you
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want to give them to her, as long as you give
another me copies.
MS. FAIRFIELD: Yes, I can do that.
However, when we were in chambers the
other day we were going to bring Hope Cady per
the state's request and bail was potentially
going to be determined on that, is what I heard
from the state.
Mr. Sanborn has been in custody for 27
years for a murder did he did not commit. Hope
Cady was their only witness. My burden here is
is there a likelihood of success. That is the
state's case, is Hope Cady. That's it.
So to keep this man in jail for one
second longer just perpetuates this miscarriage
of justice that has happened to this wonderful
human being. He is deserving of bail. I would
urge the Court to -- to admit him to bail right
now so this stops now.
THE COURT: Thank you.
MR. MACOMBER: With all due respect to
Ms. Fairfield, who I have tremendous respect
for, you've heard one side of the story here
today. You haven't heard the whole story.
So I just ask you to -- you have to
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determine whether there's a reasonable
likelihood of success on the petition. If you
can make that determination based solely on Ms.
Cady's testimony today, feel free, but I think
that you should give the detectives and
assistant attorney general a chance to respond
to the allegations.
Oh, and by the way, I hate to say this,
but I think when I get back to the office I'm
going to have to have somebody else assigned to
the case because I'm going to have to be a
witness, because I have personal knowledge that
Ms. Cady wasn't telling the truth in some of
what she testified to.
THE COURT: Well, for the moment I asked
only if I could go read the affidavits. I'm not
terminating this hearing right now. Your
argument is not until 1:00 o'clock, you have to
get back to Augusta, but I think I still have
time to read the affidavits.
MR. MACOMBER: Yes, you do.
THE COURT: So I'm going to take a brief
recess, read the affidavits. Then I'm going to
ask the attorneys to come in and speak with me.
MR. MACOMBER: Yes.
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THE COURT: He gave you them I think.
MS. FAIRFIELD: I'm sorry. Because one
of these affidavits deals with -- he went
paragraph by paragraph through the police report
that was authored by the detectives and has
picked out what was not true about it, I've got
to get you a copy of that police report so that
you can compare it, and I can do that.
THE COURT: Okay. Thank you.
THE JUDICIAL MARSHAL: All rise, please.
(A BREAK WAS TAKEN FROM 11:00 A.M. TO
11:43 A.M.)
THE COURT: Please be seated.
I'm not going to address the entire
petition this morning because we will resume I
think on the 25th and 26th of April to address
the petition. What I am going to address is the
question of bail. And I want everyone to
maintain silence, no reaction, no cheering, on
crying, this is a court proceeding.
So I am going to address the issue of
bail, which asked me to look at a whole lot of
things, but primarily the reasonable likelihood
of success on the petition. And I do find that
there is a reasonable likelihood of success on
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the petition, and I -- I find that for purposes
of bail. Because here we have had a 13 and
14-year-old child who was unstable, in DHHS's
custody, a runaway, someone who should not have
been interviewed by the police without her
guardian, and the guardian was not -- her
guardian was Ms. Bragdon, and she was not
involved in the interviews. And quite frankly,
I wouldn't have wanted to put -- go forward on a
case based on her testimony. And it has been
conceded that she is and was a material witness
in this case. She is the only eyewitness in
this case. She is the only -- well, I think
it's fair to say the only hard evidence against
Mr. Sanborn. And I found her today to be
credible. I found her still to be very nervous.
And as for her eyesight, I find that she
did have significant eyesight problems back when
she -- at the time all of these events were
going on. She wore glasses. She -- I believe
Ms. Bragdon told the state, either through the
police or through the district -- through the
attorney general's office, that there were eye
problems. And that was not disclosed to the
defense so that the defense could not properly
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cross-examine an eyewitness on something that --
as crucial as her eyesight.
Now, in terms of setting bail, I've had
reports about Mr. Sanborn as an ideal prisoner.
I don't know how he was able to maintain -- I
don't know that I brought it with me -- I don't
know how he was able to maintain himself
throughout his 27 years of imprisonment, but I
read -- I will read from a letter from Garrett
Vail, who worked at Maine State Prison and knew
Mr. Sanborn for 11 years, and he says, what is
clearer and clearer all the time to me is that
Tony Sanborn is a man of quiet courage, immense
patience and profound integrity. It's the only
reason I can understand how -- accepting that is
how I can understand how he survived overall of
these years.
Quite frankly, when I walked into the
courtroom and saw a middle aged man sitting in
Mr. Sanborn's place and knowing that this
happened when he was 17 --
MS. FAIRFIELD: 16.
THE COURT: 17-years old -- this is only
a bail hearing so I cannot apologize to you, Mr.
Sanborn, at this time. All I can say is that
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there is a reasonable likelihood that you will
succeed on the petition and I am going to set
bail.
(AUDIENCE APPLAUSE.)
THE COURT: If that happens again I will
ask everyone to step out of the courtroom.
Now, it's hard to figure out how to set
bail because you stand convicted of murder, a
very gruesome -- one of the most vicious murders
that I've ever read about in Maine. And yet
there is your history over the last 27 years of
being an ideal prisoner and all of the
contributions you've made, and I can't -- I
won't go into them, but with regard to teaching
other prisoners about being a good parent, or a
father, and teaching others about reading and
mathematics and the various things that you have
done while you were in prison all counterweigh
the fact that you were convicted of murder.
They don't tip the scale enough to let you out
without any bail, there has to be some bail
because we haven't -- I haven't completed making
my decision, and I can't until I hear from all
the witnesses.
But I am going to set bail at 25,000
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surety and -- did you want to say something?
MS. FAIRFIELD: I was just going to ask
the Court to set it in the alternative, 25,000
cash or surety.
THE COURT: Yes.
MS. FAIRFIELD: Thank you.
THE COURT: Cash or surety. And I am
going to ask that you have no contact with the
victim's family, direct or indirect, that you --
I would -- I would ask that there be a Maine
Pretrial Services contract but I don't know that
they would accept you --
MS. FAIRFIELD: I don't think so.
THE COURT: -- because of the conviction.
So I'm going to ask that -- where -- where does
he expect to live?
MS. FAIRFIELD: Westbrook.
THE COURT: Westbrook. Well, I'm going
to ask that on a weekly basis you report to the
Westbrook PD. It is nothing more than a
reporting but it should be done in person, to
make sure you're still here in Maine. I'll ask
that you -- part of the conditions will be that
you not leave the State of Maine, that you not
use or possess alcohol or illegal drugs and you
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submit to random search and testing for those
substances. That you not possess any firearms
or dangerous weapons and random search and
testing for that as well.
Mr. Macomber, can you think of other
conditions?
MR. MACOMBER: No, Your Honor.
THE COURT: Any, Mr. Sanborn, that you
can think of that would support you?
THE DEFENDANT: No, I think I'm good. I
can go home.
THE COURT: Okay. I expect that he will
be bailed from the jail.
MS. FAIRFIELD: I would ask the Court to
order that. That was a question certainly that
I had, but I believe since it's a Cumberland
County docket the Cumberland County Jail would
be responsible for bailing him. I don't think
he would be bailed from the prison.
THE COURT: From where?
MS. FAIRFIELD: From -- from --
THE COURT: Maine State Prison?
MS. FAIRFIELD: Yes, the Maine state
prison in Warren.
THE COURT: Okay. So --
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MS. FAIRFIELD: I believe if the Court
can just note that he should be bailed from
Cumberland County --
THE COURT: He should be bailed from the
Cumberland County Jail, which means your
transport -- you're not free until you're
released on bail. So trans -- you still have to
cooperate with transport to take you back to the
jail. All of your family and friends can talk
to you later, after you're released.
Right now I would ask family and friends
to not -- to not come up and hug him or
congratulate him or anything like that. He
still has a long ways to go. This is a murder
conviction. So cooperate with the sheriff's
office as they're trying to help him leave the
building to be transported back to the custody
of the jail and so bail can be taken care of
there. It will probably be several hours before
he will be released.
Mr. Sanborn, you had a question?
THE DEFENDANT: Yes. If I can work and
get a Maine driver's license.
MS. FAIRFIELD: Yup. So he's just asking
about day-to-day activity, and I said that this
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is going to be a huge process after, so these
are questions I can answer for him, Judge, thank
you.
THE COURT: Yeah, I would suggest, and I
don't know whether DOC or probation has any
process they go through before releasing a
person who has been in prison a long time like
you have. I would want you to be briefed
because life has changed tremendously since
1992. But I don't -- I'm not going to order
that that happen but maybe through your family
and your attorneys they will help you adjust.
It is going to take a long time. Please
continue to use the patience and the wisdom that
you have had while in jail. You don't want to
find yourself back in jail because you violated
a bail condition or that you committed a new
criminal act. I know you're saying no, no, no,
but -- you know, worse things have happened.
So -- and I recognize, too, that -- that
this is not going to be very comforting to the
victim's family but I -- all I can say is that
my focus is on making sure that justice is
achieved. And any decision I make is going
to -- there will be somebody who is going to be
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unhappy with what I decide and somebody who will
be happy with what I decide. Very rarely do I
make decisions that both people like.
And to the family, I'm sorry that this
may indeed reopen the question of who murdered
Jessica, but if that's justice, so be it. So
thank you to both sets of attorneys.
MS. FAIRFIELD: Thank you.
THE JUDICIAL MARSHAL: All rise, please.
(11:55 A.M.)
* * * * *
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CERTIFICATE
I hereby certify that the foregoing is a correct
transcript of my stenographic notes of the testimony
and proceedings taken in the above-captioned case.
