SOMERSET COUNTY

August 28, 2010

DA: Judge made 'poor decision' in violence case

By Erin Rhoda erhoda@mainetoday.com
Staff Writer

SKOWHEGAN -- A Ripley man is back behind bars on felony charges for allegedly hitting a woman with a lead pipe, a month after he allegedly threatened to kill her.

The man, Leon Maloon, 53, was arrested about a month ago, charged with domestic violence criminal threatening, after an incident involving the same woman.

In that case, a judge allowed Maloon to continue having contact with the woman after he bailed, a decision that District Attorney Evert Fowle called "extremely rare."

Maloon is now charged with aggravated assault, domestic violence criminal threatening, criminal mischief, two counts of violating conditions of release, criminal operating under the influence, operating after revocation and revocation of preconviction bail.

Because of the prior, pending case, he is currently being held without bail at Somerset County Jail, a decision made by Judge Susan Sparaco on Friday. Bail on the other charges is set at $250,000 cash.

The new charges stem from Thursday night when Maloon and the woman were in Ripley.

"He was drunk. He got very upset with her. He pushed her down. He hit her with this pipe, and he threatened to kill her," District Attorney Evert Fowle said.

He drove away from the residence and was stopped by police, Assistant District Attorney Brent Davis said.

Maloon also faces threatening charges because he threatened to kill the same woman on July 14, Davis said.

Judge Peter Darvin on July 28 set bail conditions for Maloon that allowed him to contact the woman.

Fowle called that "a very poor decision."

"I don't know of any other judge who would routinely allow contact in a domestic violence case," he said. "It's extremely rare that a court would allow contact under those conditions, and the proof is in the pudding as to why."

He said, "The judge, over our strong objection, allowed them to have contact, and now, a relatively short time later, he's brutally assaulted her again. She's scared to death.

"I understand people have a right to bail," he said. "You can't lock everybody up without bail on a domestic violence offense.... But the bail should have conditions that maximize the safety of the victim and witnesses and not undermine the ability to prosecute."

Mary Ann Lynch, director of court information for the Maine Judicial Branch, said, "Judges need to weigh all the facts and evidence, and they do weigh all the facts and evidence, but we can't comment on a pending matter."

Erin Rhoda -- 474-9534

erhoda@centralmaine.com

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