ME- High court denies convicted sex offender's appeal

If it is true that, Boland was not in custody and talked to police about the facts of a THEN POSSIBLE crime (at the time of discussion), then this case should be a lesson to everyone that, they should not talk to the police without a lawyer present. Now, as to the victim, sometimes things happen (Boland's error) that make the outcome -here a long punishment- proper given harm to the child.

3-5-2009 Maine:

PORTLAND (March 5): The Maine Supreme Judicial Court denied Micah T. Boland's appeal Tuesday, March 3, ensuring he will serve his 22-year sentence for sexually abusing a child.

Boland, 31, formerly of Rockland, was the first person in Maine to be sentenced under Jessica's Law after a trial.

In August 2008, Justice Jeffrey Hjlem ordered Boland to serve 22 years in prison, followed by a lifetime of probation. Boland was convicted for Class A gross sexual assault after a jury-waived trial.

Boland was charged with the offense in March 2007 after he confessed to police that he had sexual contact with a 4-year-old girl left in his care while he stayed with her family in Liberty.

In 2006, the Maine Legislature enacted sentencing guidelines under Jessica's Law, which makes 20 years the base sentence for people convicted of sex crimes against children younger than 12 years of age.

The sentence may be raised or lowered depending on several factors, including the sex offender's background and criminal history and the impact of the crime on victims and their families.

While other people had previously been sentenced in Maine under Jessica's Law, those sentences came after plea agreements. Boland's sentencing was the first to come after a trial.

The memorandum of decision from the Maine Supreme Judicial Court indicated that Boland's appeal was denied for several reasons.

Boland contended that some of his statements to police should not have been used at his trial because he was not advised of his Miranda rights, which instruct a person that s/he has a right to consult with an attorney and to have an attorney present during questioning.

"Contrary to Boland's contention, the court did not err in denying his motion to suppress statements he made during two police interviews, because the record supports the court's determination that (1) he was not in custody when questioned without Miranda warnings being administered, and (2) he made the statements at issue voluntarily," stated the decision. "... Because Boland was not in custody when questioned, his Fifth Amendment right to counsel did not attach."

Boland also contended the victim, who was 5 at the time of the trial, was not a competent witness. And Boland also took issue with the fact that the victim's age was a factor considered at his sentencing.

"Also contrary to Boland's assertions, the trial court did not clearly err in finding the 5-year-old victim to be a competent witness ... Nor did it err in considering the victim's age as an aggravating factor at sentencing," the decision stated.

Jeremy Pratt of Camden represented Boland. Deputy District Attorney Eric Walker presented the case for the state. ..News Source.. by Tanya Mitchell, The Republican Journal Reporter