Saturday, February 21, 2015

Bill LD-1734

For those who do not know the LD-1734 Bill directs the Attorney General in collaboration with the Commissioner of Public Safety to establish a cold case homicide unit within the Department of the Attorney General to work exclusively on unsolved murders in the State. This “squad” would be staffed by an attorney, two state police detectives and a state crime lab technician.
Patrick
Patrick Day
Patrick Day pioneered LD-1734. Patrick is a retired butler who grew up in Millinocket area and attended the Ivor Spencer International School for Butlers. Patrick now has stage 4 non-Hodgkin lymphoma cancer and has stopped all treatments. His time is limited and is dedicated to seeing this bill through.
Naturally I was curious about Patrick Day and wanted to know how he got LD-1734 off the ground. So I asked him for the story in his own words, as no one better than he could tell it:
In April of 2013 I moved back to Maine after being away for many years. I started reconnecting with friends though Facebook and hearing stories of how their lives have been over the years. One person I sent a friend request to was Pam McLain the mother of Joyce McLain, who was murdered in our little town back in 1980. Our town was the Norman Rockwell type town, or so I thought as a young man. No one took the keys out of their car or locked their door and most of the time didn’t turn the car off while running into the store for a gallon of milk on the way home from work. Everyone knew everyone and everyone’s business.
 Joyce McLain
Joyce McLain
Joyce was our hometown celebrity who everyone knew and loved. She could sing, act, play sports and loved to hang out with her friends. She was talented and one of the most gifted students in our school. It was painful to ask Pam about Joyce and her case, I like so many others, had moved away and had not kept up with the case. I honestly thought it would have been solved by now. I mean how could it not be in a town of 2,300, people right? But as Pam shared how the case had not been solved despite her continued effort to search for anyone who could help, I felt her pain, the pain that no one could ever know unless you are the mother of a murdered child.
I went to bed that night and still could not get that feeling out of my mind. The next day I spoke with Pam again to get an idea of what was needed to bring Joyce, Pam and Wendy (who was in my class in school) justice. My first thought was we needed to bring in the news media, we needed Nancy Grace here, she would get to the bottom of this.I started emailing, Dateline, Nancy Grace, 20/20, and just about every show I could find online about unsolved cases. To my dismay, I heard nothing back. I called an old family friend and State Representative Steve Stanley and United States Representative Mike Michaud. I googled Joyce McLain and started to read newspaper articles of other cold cases throughout Maine.
Eventually, I heard about a new show starting up called ”Cold Justice,” and contacted one of the producers from the show. I sent him a bio of Joyce’s case and I was so excited to think this new show was going to come in and save the day. Bringing Cold Justice to this senseless tragedy and offering some sort of relief to our broken town.
In August of 2013 I contacted Steve Stanley, Mike Michaud, and Deputy Attorney Bill Stokes to see if we could get Cold Justice to look at Joyce’s case. I was quickly told the show was never going to be allowed access by the Attorney General’s office. Mr. Stokes and I seemed to be at odds as a sort of war of statements played out in the Bangor Daily
Darien Richardson
Darien Richardson
News over their refusal to allow what I viewed as a fresh look at Joyce’s case from experts in the field. Disappointed, Pam and I explored other options. Mr. Stanley and I then drafted “Joyce’s Law”.
What this law would do is give parents the ability to have a say in who looks at their loved ones cases after 5 years. I thought for sure this would be a winner and that would take away the Attorney General’s control over all cold cases in Maine. While reading old newspaper articles on the other cold cases in Maine I came across a story about how the State Legislature had considered creating a Cold Case squad in 2001, but a lack of funding killed the effort. Once again, I picked up the phone and called Steve and Mike and asked them how we could get a Cold Case squad bill passed and funded. Steve Stanley and I drafted another bill and sent that off to the Reviser’s office. I asked Mike if he could look into Federal funding. I knew we needed to get support for this squad so I also created on Facebook the “Fund Cold Case Squad Maine” page.
On Facebook, I found many families who were using Social Media to share information
Matt Blanchard
Matt Blanchard
about their loved ones who were missing and murdered. I soon realized this was a far bigger issue than I had ever thought it to be and these people all needed help to give them closure. In November 2013 we had a meeting with Governor Paul LePage and asked for his support. He spoke supportively of both Joyce’s Law and the Cold Case squad bill, but informed us that if the Legislature was going to take up the Cold Case squad bill, they would need to fund it.
Within days of submitting Joyce’s Law we learned that we were never going to get it passed without changing the Maine Constitution as It would remove the Attorney General’s’ office exclusive responsibility over homicide cases and violate portions of existing state law that prohibits the dissemination of open or ongoing state police investigations. Everyone was heartbroken, I am sure no one more then Pam McLain. Bill Stokes had made a comment in a Bangor Daily Newspaper story by Nick Sambides Jr. and mentioned that we would be better served if we had a cold case squad in Maine. I called Mr. Stokes and we talked about a squad and how it would work and what it would need. Bill LD-1734 fit everything Mr. Stokes had said and would give those families what they so desperately wanted a fresh set of eyes on their loved ones case.
On February 20th, 2014 we had our first hearing on LD-1734 before the Judiciary Committee. Prior to the hearing, Steve Stanley and I had met with Gov. LePage’s staff to secure support for the bill. Both the Governor and the Attorney General’s office sent representatives to testify in favor of establishing a Cold Case squad. The Committee passed the bill and sent it to the Appropriations Committee for funding.
Alice Ann Hawkes
Alice Ann Hawkes
In April 2014 we had a lot going on. Chapter Leader of the Maine Parents of Murdered Children Arthur Jette, has been so supportive of us and helped to get our story on the George Hale and Ric Tyler radio show. We heard from Rep. Mike Michaud that there might be some federal funds for the Cold Case squad in Maine. All the members of the Committee voted to allow the application for the Federal funds to move forward and not use State funds. At the time that seemed like a good idea, but in the end it is what stopped the Committee from funding LD-1734. In April 2014 Governor Paul LePage signed bill LD-1734 into Law unfunded. This was the second time in Maine a bill for a Cold Case Squad was unfunded.
After the shock of seeing everyone’s hard work rejected by the Legislature I took to Facebook and together with supporters we made a plan to use the upcoming election to keep attention on the squad and to challenge every candidate running for office to come out and support the funding of a cold case squad. Mike Michaud was the only candidate to come out and commit to putting funding for the squad in his first budget. In 2015 we start a new Legislative Session and Rep. Karl Ward and Rep. Steven Stanley have summited a new funding bill to give funding to the cold case squad.
I created a website http://www.coldcasesquadme.com/ in 2014 and discovered that the State’s cold case site was not correct and many other cases were not listed as they
Maine's Cold Case Names
Maine’s Cold Case Names
should be. There wasn’t a detailed list anywhere that I could find so I tried to create one so that families could go and see other cases, get updates and find the resources when they needed them. The Maine State Police needs to update their website with information on all the missing and murdered in Maine. Instead they only have 13 missing cases and 68 murder cases. When in fact there are 28 missing and 120 murder victims. This is just what I have been able to find. I am sure there are many cases with no online documentation.

The Maine State Police and the Attorney General’s office are not infallible. Mr. Stokes declined Pam’s request to exhume her daughter’s body for a second autopsy, suggesting that nothing could be achieved by it. Yet the autopsy performed by renowned forensic experts Dr. Michael Baden and Dr. Henry Lee yielded “promising DNA and forensic evidence” and “Physical evidence”.

Evidence, the family was told, that would help to prove and convict the person responsible for the death of Joyce McLain.

We need a funded cold case squad in Maine to offer new perspectives into these cold case files instead of leaving Pam and other families of missing loved ones out in the cold.
There was a quote I happened upon at the start of this process and it has been a guiding force with me since: “They want you to keep your mouth shut. If you keep quiet, they’ll get away with murder.” ~ Kyle Gregory Quinn

The National Institute of Justice currently defines a cold case as “any case whose probative investigative leads have been exhausted.” I’m told that the average overall is 2 years for an absolute declaration of a “Cold Case.” As early as November 22, 2014 Steve McCausland, spokesman for the Maine Department of Public Safety, has said that Ayla Reynolds’ investigation remains “active and ongoing.” However, even the press has begun to surmise that her case is now a cold case.
CodCaseRibbonPatrick Day, Governor LePage, Mr. Stokes, Mr. Stanley, Mr. Michaud, and Mr. Ward all agree that a task force devoted to cold case files is needed. It is destined to get murderers off the street and in jail where they belong as it has with other states. By solving cases, it will help families of murder victims find closure for their personal tragedies.
Funding for the cold case squad team will be before the legislature early this year (hearing date to be announced soon). Patrick would like your help in getting LD-1734 funded. He needs your signatures to submit to the Legislative Committee in Augusta.
Please sign and share now: https://www.change.org/p/permanently-fund-a-cold-case-squad-in-maine
You can find many details on victims and their cases on Patrick’s website http://www.coldcasesquadme.com/ or on his https://www.facebook.com/coldcasesquadme page.

Related News Links and Articles
Cold Justice Case Submission Site
The National Institute of Justice
George Hale and Ric Tyler radio show
Cold Squads: Leaving No Stone Unturned – U.S. Department of Justice
The Multiple Dimensions of Tunnel Vision in Criminal Cases – SSRN
Maine Chapter Parents Of Murdered Children
State declines request to exhume Joyce McLain’s body - BDN
McLain autopsy reveals new evidence – BDN
A Cold Case Comes to Life – People Magazine
Olympia Snowe asks FBI to review 32-year-old Joyce McLain murder case – BDN
Inspired by death of Joyce McLain, Medway lawmaker to submit ‘cold case’ bill to address unsolved homicides - BDN
Maine needs cold case squad, deputy attorney general says – BD
State mulling appeal to ‘Cold Justice’ TV show for help on 33-year-old homicide – BDN
No ‘Cold Justice’ for 33-year-old Joyce McLain homicide case – BDN
State Legislature opts to drop review of ‘Joyce’s Law,’ cold case proposal – BDN
Rep. Stanley of Medway presses LePage to support cold-case squad, ‘Joyce’s Law’ – BDN
State legislative panel rejects cold-case squad proposal for a year – BDN
Proposal to create cold case squad, help solve McLain homicide revived, legislator says – BDN
‘The victims deserve more’: Murdered woman’s brother, others testify in support of Maine cold-case bill – BDN
Maine cold case squad bill awaits word on funding – BDN
Federal funding for Maine cold case squad could come from new Justice Department grants – BDN
Maine cold case squad does not receive federal funding to help solve old homicides – BDN
Pair of Maine lawmakers seek state funding for cold-case squad – BDN
Nearly 3 years later, no charges in missing toddler case – CentralMaine
Mother of Ayla Reynolds supports effort to fund cold-case investigation squad - BDN
COLD CASE SPOTLIGHT: Ayla Reynolds – Dateline

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