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British convict loses round in state's high court

BY BETTY ADAMS Staff Writer

BY BETTY ADAMS

Staff Writer

A former Waterville resident found no support from the state's Supreme Judicial Court in his bid to avoid deportation.

Paul A. Blakesley, 35, who now lives in Massachusetts, faces removal to his native United Kingdom as a result of a decision issued Thursday.

The decision, authored by Chief Justice Leigh Saufley, overturns a superior court ruling that altered three of Blakesley's criminal convictions.

"(S)significant collateral consequences can arise from a criminal conviction, which is a reality that each person accused of a crime must consider when facing charges in court," Saufley wrote.

Deportation proceedings started after Blakesley's convictions were discovered in 2006 as he applied to replace his permanent residency card.

Blakesley sought to halt the process by getting his record changed through the Maine courts.

In April 2009, he went to superior court, saying unforeseeable consequences had arisen from his 1993 conviction in Kennebec County for burglary. He also sought to be relieved of 2001 and 2003 marijuana cultivation convictions in Lincoln County. The three convictions put him at risk for deportation.

The high court said common-law writs or bills of review under which Blakesley filed his appeals were no longer available in the state.

"We will not revive abolished remedies or create new remedies when the Legislature has explicitly precluded the use of the old writs by creating a system of postconviction relief," Saufley wrote.

She concluded, "Deportation is one of many difficult collateral consequences that can lawfully flow from a person's criminal convictions. Accordingly, notwithstanding the possibility that Blakesley may face this outcome, we adhere to the legislatively crafted postconviction statute and leave to the federal courts, the governor of Maine, and potentially, the United States Congress, the determinations that will ultimately decide Blakesley's fate."

Bruce Mallonee, one of Blakesley's attorneys, said Thursday's ruling effectively ends the state appeals.

"He has no further recourse in the courts of Maine," Mallonee said.

Mallonee said Blakesley is currently appealing a removal order in immigration court.

"He hasn't lived in the U.K. since he was 5 years old," Mallonee said.

Blakesley also has petitioned the Maine governor for clemency, another avenue to avoid deportation.

Mallonee said he talked to Blakesley after receiving the high court decision Thursday.

"He's a good guy," Mallonee said. "He took it with a lot of equanimity, but it's hard."

Blakesley currently works in construction and comes to Maine each summer to work at a relative's camp, Mallonee said.

Deputy Attorney General William Stokes presented oral arguments before the high court, arguing that Blakesley's convictions and sentences should stand.

"Our position was postconviction review was the exclusive remedy a person has," Stokes said. "It was designed to take the place of all these very complicated ancient writs that existed in common law. Postconviction review took all those remedies and abolished them and established single statutory procedure for how you were going to get relief postconviction."

Betty Adams -- 621-5631

badams@centralmaine.com