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March 4, 2010

Court overturns sex assault convictions

The Associated Press

PORTLAND — Maine's highest court has overturned a Bangor man's sexual assault convictions after ruling that the search of his apartment that led to his arrest violated his Fourth Amendment rights.

The Supreme Judicial Court today vacated the convictions against Jack Bailey II and sent the case back to Superior Court for further proceedings.

Bangor police searched Bailey's computer and apartment in 2008 during a child pornography investigation. As a result of the search, Bailey was charged with a total of 13 counts of gross sexual assault, sexual exploitation of a minor and unlawful sexual contact, involving two girls under 14.

Bailey was convicted and sentenced to 20 years in prison. Justices agreed that the evidence should be thrown out because police conducted the search under false pretenses.
 

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