Insanity pleaded in Belfast killing
update

Insanity pleaded in Belfast killing


By Walter Griffin
BDN Staff
AP PHOTO BY JOEL PAGE
Amber Cummings, 31, turns to leave Belfast District Court, Tuesday, Feb. 17, 2009 in Belfast, Maine following her initial court appearance on charges of murdering her husband. James Cummings was shot to death at the family's home, where police later removed radioactive materials and instructions for building a "dirty bomb." Cummings entered a plea of not guilty.
BELFAST, Maine — Amber B. Cummings entered a plea of not guilty by reason of mental disease when she was arraigned Tuesday in the shooting death of her husband late last year.

Cummings, 31, of Belfast answered to the murder charge in 5th District Court before Judge Patricia Worth. She is accused in the Dec. 9 shooting death of her husband, James G. Cummings, 29, at their home in Belfast. Cummings was shot with a Colt 45 Peacemaker pistol.

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Speaking in a soft voice when Worth asked her if she understood the charge against her, Cummings said, “Yes, I do.”

Her attorney, Joseph Baiungo of Belfast, entered a plea of “not guilty and not criminally responsible because of mental disease or defect” on her behalf. Baiungo was filling in for Rockland lawyer Rick Morse, who is on vacation and is Cummings’ attorney of record. Speaking outside the courtroom after entering the plea on Cummings’ behalf, Baiungo said that an insanity plea is required by Maine law to be entered at the time of arraignment. He said the plea could always be withdrawn at a later date.

Baiungo noted that in entering the plea he did not mean that Cummings was “incompetent now, only at the time of the crime.”

Judge Worth ordered that Cummings be held without bail pending a bail hearing. The state requested the hearing, which Assistant Attorney General Leane Zainea said must be held within five days. The hearing likely will be held at the beginning of next week before Waldo County Superior Court Justice Jeffrey Hjelm. “We’re ready for a bail hearing as soon as the court can do it,” Baiungo said.

Zainea said afterward that during the bail hearing the state would have to establish probable cause that a felony was committed.

Cummings appeared in court wearing leg irons and a blue Waldo County Jail smock and pants. She was indicted on a charge of “intentional and knowing murder” on Friday and turned herself in at the jail that same day.

A police search of the Cummings home after the murder turned up radioactive and explosive materials and instructions for building a dirty bomb. State officials have said that the materials posed no danger to the public.

Authorities were notified of a shooting at 346 High St. at 11:25 a.m. Tuesday, Dec. 9, by a neighbor. Cummings and her 9-year-old daughter, Clara, had arrived at the neighbor’s door, and Cummings asked the neighbor to call the police. Police have said that Cummings’ daughter was in the home at the time of the shooting. Detectives questioned Cummings for several hours at the neighbor’s home before allowing her to leave around dusk. She had been free until her indictment last Friday.

Police spent a number of days searching the Cummings home, and according to an internal FBI memo that was leaked from the Washington Regional Threat and Analysis Center and posted on the Internet last month, some of the evidence removed from the home linked James Cummings to dirty bombs and a white supremacist group.

The FBI memo was part of a report on possible threats to President-elect Barack Obama before his inauguration on Jan. 20. State officials impounded the search warrants associated with the case but have acknowledged sharing information gleaned from the search of the Cummings home with the FBI.

The FBI memo said Amber Cummings told investigators that her husband talked about dirty bombs and mixed chemicals in their kitchen sink. She said she had endured years of mental, physical and sexual abuse at the hands of her husband, according to the memo. It also indicated she told police that her husband was “very upset” when Barack Obama was elected president. A spokeswoman for the threat analysis center said it was determined the Belfast incident posed no potential threat to Obama.

Local tradesmen who worked on the Cummings home last year recalled that he bragged of having many guns and also spoke of his fascination for Adolf Hitler. He had a collection of Nazi memorabilia and told workers he had some of Hitler’s personal silverware and place settings.

The Cummings grew up and were married in Fort Bragg, Calif., before leaving there for Texas and eventually Belfast, where they moved in August 2007 after buying their home in a foreclosure sale for $153,900. Cummings was the son of a wealthy Fort Bragg real estate owner who was murdered by a former employee in 1997. The FBI report said Cummings bragged of inheriting $2 million from his father.

Among the observers in the courtroom Tuesday were a middle-aged couple. When asked whether they were from California and supporters of Amber Cummings, they said nothing and walked away. As Cummings was driven back to jail in a Belfast Police Department cruiser, the man waved and the woman said, “We love you, Amber.”

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Comments
58 comments on this item

She's gonna walk.

Women and Police officers always walk in Maine.

Looks like bubba and concerned are the judge and jury.

That is not always the case!!! It sounds like her spouse was extremely cruel and crazy. People think it's so easy to just walk away from a situation like she was in, but it isn't. Day after day, year after year of living in torment causes fear and definitely a loss of self esteem and unless you have been in a situation like that, you cannot judge. People snap, whether it's male or female. We need to listen to evidence before casting our judgment on her.

Here's my take...meek housewife living with a Neo-Nazi who likes guns and making dirty bombs in the kitchen sink...hmmm...what jury is EVER going to convict her?

2 things

#1 why is every criminal pleading not guilty (insanity defense I can understand) to every damn murder/crime in this state?

#2 Even though she will "walk" she should get at least 25 years on the manslaughter charge

but in maine thats 25 years with all but 2 suspended. if this was a guy he'd be in jail and condemned in an instant

Who knows, maybe she killed him and saved the lives of many in the process, that is if he was indeed intending on building a bomb.

I suspect the standard "battered woman defense", since rumor has it she shot him in his sleep. Local reports cite that there was no rep[ort of abuse registered at the hospital or with police. She stands to inherit a good deal of money. Money she would not have, if she just packed up and left or had him removed via restraining order. And now we know the attorneys who likely set up the "bomb story" leak to soften the jury. They may have even pointed the media in the right direction to find it.

You know that is suspicious... the "bomb story" didn't even make national headlines!

you'd think something like that would be HUGE

Ask the question..who would have had an inkling about the bomb material? The self proclaimed murderess, the local police, the State police and of course, she would have told her attorney. She likely was interviewed by the FBI. I doubt she was clueless as to who was interviewing her, nor would FBI likely failed to identify themselves. Follow the dots.

Show me the money1

He was a nazi, she did us all a favor, we should thank her.

its a woman she will walk

I'm just glad to see belfast back in the news....I was getting worried..

She won't walk. She will get a few months and probation. Remember the lady in Ashland who got in a fight with her husband got drunk ran him over and killed him. She got 20 months. Women always get off easy.

Wow. Someone's had a protection order out agin' 'em, ain't they?

Well i hope she does walk after all the years of abuse and just because theres no hospitol records or police reports dosent mean it didnt happen it just means she didnt want another beating for reporting him. protection order thats a joke alls that does is piss them off even worse so the next beaten you get may kill you or make you wish your were dead. Ive said it once and i'll say it again job WELL DONE AMBER.

I think she did the right thing,if he was beating her and probibly beating the child also and there was nothing she could do about it cause she probibly did not have access to that money for her to get away,and you are right if she turns him in and then he gets turned lose,look out cause he would of got to her before she would of got to him,most women are affraid,and that is the reason,no-one knows him better then the women that lives with him 24/7.

it is sad to know that the daughter was there when it happened,something she will never forget,but lets know that maybe someday her mother can explain to her why it happen and why she did what she did,So please lets not judge her before she is proven guilty.I myself think she is innocent.

Cops and Women always get away with it and walk.

People who have been abused can not "just walk away". They have been sooo psycologicaly abused, that they believe they will not get away alive. You are a prisoner. Unless you have ever been in this situation, or know someone who has, you will not understand. Every case of abuse is unique... some take the slim chance of getting away...hopefully, safely...some take other ways of stopping it. If someone were bullying/abusing you, you go into survival mode and defend yourself as best you can. You are in "another state of mind"....and many times, not thinking clearly.

Who cares if she walks...she probably saved millions of lives...what is wrong with people.

Oh just say she's innocent and let her walk, just like the teacher with the sex case

30 days in jail...

at worst its 25 years for manslaughter with all but 2 years suspended or some bs like that

Dirigo, wanna join my club? haha sick comments like this are always fine

I would have said she's probably like that woman who got arrested in Bangor who said her boyfriend never saw her naked...

AMHI---I would have expected that remark from you! That is the extent of your mentality!

Domestic abuse is a real problem and it can be the cause of many bigger problems. With a child to support, and not knowing whether you will live to see tomorrow or if you may be killed in your sleep makes it a difficult situation for any one to walk away from man or woman. Men are also victims of domestic violence but rarely report it because they are to "macho" to have a woman beat on them. I know from having friends who are abused both men and women that the women will report it or "end" it sooner than a man will, by whatever means possible. I do not condone murder, but if I were in the situation where it was my children, myself or a batterer, he/she would be gone. Abuse can make you do things that you would not normally do with a sound mind. After years and years of abuse you feel like you have no other choice sometimes. What about all the men who kill their wives and have had restraining orders, or protection from abuse orders in place, that didn't stop them. Tracey Thurman is one of those women who lived and for all you who believe that abuse is easy to walk away from I would ask that you watch her story. I guess until you walk in their shoes you should not take it upon ones self to be judge and jury.

While I am thankful that the the murder victim is dead, I'm not sure how I feel about justice being administered by a spouse. That's for the jury to decide. In the mean time, I wish Amber peace, if nothing else.

She won't get off as she has already done part of her time being abused by this guy. Despite what people think it's not so easy to get away from this kind of situation. I opened my home to a woman who was being abused and let her hide. SHe got found out when an application for a credit card came to my home for her and I sent it back that no such person lived there. Either the post office or credit card company forwarded it to her abusive husband and he came to my house looking for her. As it was I had company and he tried to force his way in but we forced him out. I had already sent her to another safe place. It was a happy ending but took a lot of work. The husband gave up after 2-3 years.

Here's a smart question... if a female was abusing a guy, and a guy shot the woman in retaliation and the woman had bomb making materials in their basement... who would be to blame?

Women, please answer that

I wonder about the FBI "leaking" this Dirty Bomb memo. Was that the help her? Help the local police?

I do believe it's possible to drive someone insane. I know - I've been driven insane.

Charette - do you think a guy is mixing enough "chemicals" in his kitchen sink to kill millions? I believe a Dirty Bomb has to do with disguarded radioactive material. How much of that stuff would someone need to kill "millions" and I'm pretty sure he didn't have any. I'm not defending the turd, but before you decide he can get shot for that perhaps something more than having info on dirty bombs and his wife saying he mixed chemicals in the sink ought to be in play.

She should spend the rest of her life in prison. She knew what she was doing when she shot him! She was not mentally ill. Funny now that she is charged that is what she is saying. She didn't bring that up when she was first charged. She though that she was going to get off scott free.

Obviously there is still a lot of ignorance when it comes to men abusing women.

First of all, emotional abuse is very damaging, but physical abuse can mean the difference between life and death for the family. I'm sure that after she shot her husband, she was in shock! Do you honestly believe that her first thought was, I need to tell them I was insane? Of course not!

Secondly, if you put a 100 pound bag of potatoes on the floor, do you think it's easier for a man or a woman to pick them up? Obviously, the majority of men have greater strength and can strong hold a woman any day of the week. Therefore, any woman who is being abused is going to fear her abuser! If it came down to a life-threatening situation, her only hope was to do severe bodily damage so that she could at least get away.

Some of you people need to spend a day with giant man who's strength is 3 times yours, who pulverizes you, blackens your eyes, chokes you, kicks you and leaves you feeling like you may not make it out alive... then tell me how you feel!

Amazed How do we know that she didn't emotionaly abuse him. We all don't we only get to hear her side, oh ya because she killed him ! She was judge jury and oh ya killer too.

pcme2000 so you believe that she should spend the rest of her life in prison because she killed him? We KNOW that he physically abused her. And just how do you know she wasn't mentally ill? You're making a rash judgment on assumptions you have concluded to that were never mentioned in any previous articles.

Lets have you be the first to spend a day with someone 3 times your strength who batters you...just for a day!

I can tell you one thing, my first choice wouldn't be to kill another individual, however, I would certainly aim to do harm enough to stop them from coming after me if I needed to. Perhaps she didn't intend to kill him... perhaps she only intended to prevent him from doing further harm to her or her child. We will know most of the facts when this trial is finally over.

She's lived in her own private hell for years with this man, she's now grieving and is suffering many losses, and she will live in her own private hell for the rest of her life.

Amazed, isn't one practical solution: don't marry a man who's bigger or stronger than you?

"Local tradesmen "

Wasn't that a local tradesMAN? There was more than one that said that?

Let's take another looksee at this.

The guy finishes his evening meal of bratwurst and kraut from his Nazi dinnerware. He rises, says a few Sig Heils, then goose-steps into the kitchen for a little round of bombmaking. Just before retiring he reems the frau out for not doing adequate indoctrination on the fraulein.

Where was her motive?

pcme2000, first of all read the article, " Baiungo noted that in entering the plea he did not mean that Cummings was “incompetent now, only at the time of the crime.”

And David889327, most of the time, NOT all of the time, you do not realize that your spouse, be it man or woman is abusive until AFTER you are married. The abuser puts up a wonderful front of being caring, devoted, and totally different than they really are. The abuse usually starts after the marriage, and alot of the time, having children are one way for the abuser to control the victim. You feel obligated to stay because of the children. I have heard that sooooooo many times from men and woman who are or have been in abusive relationships. So, David889327 and pcme2000, let's hope that niether of you are married, or get married. God help your significant others if you are.

I was going to suggest that another solution might be to abolish marriage. An added bonus would be that we wouldn't have read about all this gay marriage crap! (P.S. - I'm not married, have been, wasn't fun. Have no plans to try it again, you'll be glad to hear!)

Again, as far as what we 'know' - the previous articles said that police had been to his place several times and that "he had been the victim several times and the suspect"....or words to that effect.

I'm just saying that this seems like it was a mixed bag here and I keep wondering about that 2 million dollars he says he inherited as being part of the mix....

I don't think anyone here is trying to minimize abuse, either physical or emotional, in any way. But blowing someone's head off then saying "I was abused" should not be a 'get out of jail free' card - automatically.

TOO BAD SOMEONE HADN'T TAKEN OUT HITLER AND TIM MCVEY B4 THEY MADE HISTORY, WHO KNOWS WHERE THAT IDIOT WAS GOING WITH ALL THAT BOMB "STUFF", IMAGINE LIVING WITH THAT FOOL, TOO SCARED TO LEAVE, TOO SCARED TO REPORT HIM AND HAD TO SHOOT HIM IN HIS SLEEP. TOO BAD SHE COULDN'T HAVE SEEN THE LOOK IN HIS EYES WHEN SHE PULLED THE TRIGGER....SHE DID THE WORLD A FAVOR...ABUSE AND VIOLENCE MUST HAVE RUN IN HIS FAMILY, A DISGRUNTLED EMPLOYEE SHOT THE OLE MAN.....I HOPE SHE USES WHATEVER DEFENSE SHE NEEDS TO GET OFF...SHE HAS ALREADY PAID A VERY HIGH PRICE.....SHE IS A SURVIVOR AND SO IS HER DAUGHTER.....WAY TO GO AMBER....

I wonder if he was threatening her with comments like if you leave I might kill you and the million people around you? Where would she go? A Spruce Run safe Planet?

This woman and her daughter deserve to live a life free of domestic violence and the antics of this obvious wing nut. Let this woman go. She has suffered enough. I have spent many years working with children and adults who have endured all types of abuse and have scars that will never be healed. Tortured souls. She has served her sentence.

eerrrrr. they should just let her go. this is starting to p*** me off

find someone for her she can trust, to talk to, to live with. she needs to be let go...

She was incompetent at the time of the shooting, hmm but they let her walk out the door with her daughter. Hmm makes sence.

I like this line in the Village soup.

THE TALL pale, dark-haired Cummings, 31, was shackled and handcuffed as she stood before District Court Judge Patricia Worth and answered “Yes, I do,” when she was asked if she understood the charge against her.

Does anyone know if he forced and held up a gun to her to do drugs?

Can't wait to find out the whole story.

Amber has to live the rest of her life knowing what she did. The facts are sad. When you live with someone who is mentally ill you can't see things clearly. In essence, their mental illness becomes yours. I would have argued with you to the bitter end until I ended up in a relationship with a mentally ill, mentally abusive man. I defended him even when I could see how horrible my life was changing and where he was leading us. I allowed him to dictate to me and force me into situations that I NEVER would have allowed EVER in my entire life. I didn't want to leave him...he needed me...right...once I got away from him I could see how powerless and stupid I had become. I empathize with this young lady. Fortunately, I got out and to away. I had an education and returned to my prior SANE life immediately but this young lady doesn't know any life but the one she had with him. Stockholm Syndrome.

She probably did all of us a favor, any man that has material to make a dirty bomb and preaches about Hitler, probably shouldn't be walking around in society.

what a shame....that poor little girl was in the house when it happend? What about the kid??!?!?!?!

Anyone else see the irony in this???? "Cummings was shot with a Colt 45 Peacemaker pistol."

she should be given a medal, the less racist pricks on this planet, the better the world will be

I think she should go free, from everything I have read or heard he could have been dangerous and perhaps hurt or even killed many people. Sure she probably cracked when she killed him, but I don't think in this case that she should be sent to prision for life. She stil has a daughter to raise, and I think should only get probation and some help for her and her daughter to get past this and get on with their lives.

If she's convicted, and she probably will be, she needs to go to a secure facility with mental health expertise. If she ever gets released from there, she needs an extensive probation. After she goes through a year of that successfully, without any infractions, I would consider allowing her to move in with me.

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