BANGOR, Maine — The man convicted in the hit-and-run death of a University of Maine student two years ago in Orono will remain in prison while his appeal is pending.
Garrett Cheney, 23, of South Berwick was sentenced to 15 years, with all but seven years suspended, for manslaughter in the death of Jordyn Bakley, 20, of Camden.
Superior Court Justice William Anderson on Friday denied a motion to release Cheney on bail while he appeals his conviction to the Maine Supreme Judicial Court.
Anderson, who presided over Cheney’s trial in July and sentenced him on Dec. 7, said in his two-page decision that he was “not aware of the existence of any factors that would decrease the likelihood that [Cheney] could operate under the influence again, and thereby pose a risk to others, if he were released on bail.”
In addition to manslaughter, Cheney was found guilty of aggravated criminal operating under the influence of intoxicants, leaving the scene of an accident that resulted in serious bodily injury and criminal operating under the influence of intoxicants.
On Jan. 25, Anderson heard oral arguments on the bail motion submitted by Cheney’s attorney Timothy Zerillo of Portland. Zerillo is handling the appeal. The judge’s decision, dated Jan. 27, was emailed Monday to the Penobscot County District Attorney’s Office.
The judge also denied an oral motion for postconviction bail made by Cheney’s trial attorney, William Bly of Biddeford, after the sentencing. Cheney was free on bail of $50,000 surety until he was sentenced.
Last week, Zerillo argued that because Cheney had “no problems” while on preconviction bail, he should be released while the appeal is pending.
Penobscot County District Attorney Christopher Almy, who successfully prosecuted the case, argued at the hearing on the motion that Anderson’s decision at Cheney’s sentencing was “fair and appropriate and should stand.”
“I think the court made the correct ruling with respect to Mr. Cheney’s situation,” Almy said Tuesday of Anderson’s denial of the motion for bail. “He was convicted after a long and fair trial and he didn’t deserve to be on bail while awaiting appeal.”
Efforts to reach Zerillo on Tuesday were unsuccessful.
Are we ever going to see the last of this guy???
Sadly probably not. The same with that Kohler guy. These are a couple of guys who can’t be men and step up for their wrong doings. Instead they play the blame game.
EXCUSE ME!?!? he didnt play the blame game he did step up for his wrong doing he did plead guilty to driving drunk but how how can you plead guilty for something you didnt do ?
I think you need to face reality. The young woman was found dead with pieces of his truck stuck in her clothes. Her injuries were consistant with the damage to his truck.
So what he didn’t admit to it? He didn’t have much choice but to admit to the OUI, he was caught red handed. His BAC was twice the legal limit 2 1/2 hours after leaving Orono. He was so drunk he may not have even known he hit someone, but I doubt it.
in my reality there is DNA why wasnt there any to prove he did it…if the truck pieces were stuck in her clothing one of her body parts had to of touch the truck WHERE IS THE DNA??????? or fibers off her clothing????? AND I QUOTE from this paper in a previous printing from the trial
The retired state medical examiner who performed an autopsy on Bakley’s
body testified last week that the break in the victim’s left thigh bone
and her severe head injuries indicated she was struck at about 21½
inches above her heel and her body was projected forward. Dr. Marguerite
DeWitt said there were no crushing injuries and no tire marks on her
clothes, which would have indicated she had been run over.
Stephenson also said that in examining a vehicle exactly like Cheney’s,
the leading edge of the bumper, which would have made contact with a
pedestrian before other parts of the truck did, was 27 inches above the
ground.
“That indicates that we should have seen more injuries
to her torso and head and less on the leg,” he said. “There also should
have been some front hood damage.”
Stephenson also was critical
of things investigators apparently did not do at the scene, such as
measure the depth and width of the snowbank. He said that without
knowing in which direction Bakley was walking and whether she was on the
side or in the middle of the street, it was not possible to determine
exactly what happened to her body on impact.
Apparently the Judge believed he did it though and that’s why he found him Guilty. You do the crime, you do the time even if you say you didn’t.
How did pieces of his truck get in the snowbank and on her clothing? I didn’t follow the case very closely but do remember reading this.
in my observance if you hit a snowbank pieces of your vehicle will go flying because it was ice (how the grill broke) since i feel she was hit after he left and she landed on it when she was hit and of course it would stick to her and another thing she was not run over so how did he hit the snowbank causing his grill to break and then have pieces on her clothing
I have no idea — But, what are the chances that she’d be hit in the exact spot that this guy banged into a snowbank on the same night around the same time. It just sounds weird to me. Although I’m not saying much because like I said I didn’t follow this story.
Theres about a good of a chance of that happening as the Capt.slipping and falling into the lifeboat!!
Of course. You’ve hit the nail on the head. Cheney’s not the killer; he’s a victim of circumstance. It’s just an awful coincidence that he ran into the same snowbank in the same exact spot where that poor girl was later hit and killed by someone else! Why didn’t the police think of that? Why didn’t the jury figure it out? Why didn’t the trial judge understand that and set aside the jury’s verdict? I don’t know and can’t answer those questions, but if I had to guess, I’d say that they didn’t have the benefit of GuiltFree’s comments here to point the way for them.
Hello??? Cheney most certainly did NOT plead guilty and HAS NOT taken responsibility for his actions. He hit the girl with his vehicle, mortally injured her, then drove off like a coward. His trial was in the news for days. No, he did not plead guilty, in fact, he continues to maintain his innocence.
HELLO???? yes he did plead guilty to OUI and that was it you can’t plead guilty to something you didnt do and he DID NOT KILL HER
Why are you using all those caps and question marks?
What would Jordyn Bakley say about bail?
as a matter of fact i wish she was here and then you would have the right person
If she was here, we wouldn’t have to worry about this now, would we?
Seriously, you need to take a step back and respond after you think, not just as an angry reaction. It isn’t helping anyone except those who enjoy getting you all riled up.
and if she were here Cheney wouldnt wrongfully be in jail
….
my heart goes out to her family for their loss but i would also like to see the person truly responsible for this crime behind bars
He is.
And who is that?
So it is her fault she’s dead? I suppose Cheney was parked and totally sober and she poured alcohol down his throat and then ran really fast into the front of his truck? GuiltFree, this is reality, reality, GuiltFree, you two should really meet.
Thank you Justice Anderson.
Just when I had loss all hope….
WOW! Maine has a good judge,Superior Court Justice William Anderson. Makes me want to tell my Legislator to raise the salaries of judges
I bet he remembers how Scott Hewitt was given bail after he drove his truck into and killed Tina Turcotte on route 95 in 2005. Hewitt was given bail by a judge and was out driving on the roads 48 hours later
I don’t recall the case, but if it was before Hewitt was convicted of killing her, then the judge would have HAD to apply pre-conviction bail standards, which are obviously intended to allow a person who is only charged with a crime the ability to make bail. In this case, Cheney was convicted by a jury of his peers and so the court applied post-conviction bail standards, which puts the burden on the defendant to show why he should be released on bail post-conviction.
Hewitt was a habitual offender and in a crash that a man burned to death in the 1990s, before he killed anther driver [turcotte] in 2005
you must be new to Maine or young. maine judges look for reasons to avoid convicting criminals and traffic offenders.
Superior Court Justice William Anderson appears to be an excellent judge and an exception to the backwater judges in this state
I am familiar with Tina (and the changes to the law the resulted after her death). Just could not say I was familiar with Hewitt and his bail conditions before or after his trial or plea, that’s all.
CHENEY ISN’T AND NEVER WAS AN HABITUAL OFFENDER HELLO!!!!!!!!!! do you guys even realize that this is the first time he has ever been accused of anything AND it was his first OUI EVER and you all seem to forget that he DID plead guilty to the OUI and that was it and indeed he was and look he took the responsibility for the thing he DID DO! and he DEFINITELY DIDN’T KILL BAKLEY
The jury said that he did.
Please tell the jury who did kill her. And please stop yelling. (all caps)
GuiltFree (Ella) you wrote to me, “are you so sure? im really confused guys first you tell me the jury knows he did it now youre saying the judge knows which one is it even though they are both wrong.” Well let me remind you that the Judge hears exactly what the Jury hears and they Both did exactly what they are supposed to do and they both (Judge & Jury) heard All the evidence and Both found him guilty “With Out a Doubt” So therefore They BOTH found him guilty and You are the only the says he isn’t even though you previously said he was guilty… So who is right you or the Judge and the Jury?
Were you there?……. I didn’t think so.
were you there??? i didnt think so either
You’re Cheney’s mother, aren’t you?
You don’t have a clue.
100% let me spell it out just in case you are not aware of numbers. ONE HUNDRED percent of all major drunks will deny anything. why because they either dont know they did or dont remember. Hello OUI in its self needs to be harder. You know how many first OUI kill innocent family members who were in the wrong spot at the wrong time? Think before you speak. Its not a matter of he took blame for the OIU, or that its his first, or even for that matter he “”TOOK IT LIKE A MAN”” and accepted his actions.. HELLO he had no choice, test don’t lie when you are drinking. be stupid in his part to plead not guilty when he 100% was now is it? Seeing how he was facing other charges from that night. It would make him look stupid and not truly creditable in the Justice’s and Jury’s eyes. One would say hum lies over the truth that is black and white. What else would he lie about.
I would almost bet he dont know exactly the route he took when he finally ditched it, or could tell you if there was a lot of traffic, hell I bet he wouldn’t be able to describe who was there to help him and cart his booty off to the nearest barred facilities. I have faith in evidence. Forensics are getting by the day and to me this is good.. Maybe now the truly innocent people convicted will finally be able to be with their families and friends.
You might think I am cold hearted. Truly I am not. Yes I do feel sorry for this young man. I do hope he is able to do his time the fastest as possible, while finding a way to be able to reach out to other drivers. I think out of respect he should talk and try to get across to them even on time drinking and driving could have major life altering consequences. This should be done in honor of her life. She is truly the only victim I shall say. She lost the most of everyone out of this crazy stupid night of young people having a good time. She no longer has her life, and her family was ripped apart. She did not get to experience her graduation, which by the way is a major accomplishment for anyone. Its a once in a life experience and feelings. I do feel sorry for Cheney as his worst punishment has yet to come. He for the rest of his life will be haunted by this night. There will be not a day that something doesnt bring this night. He has lost 15 years of his outside life. I feel bad that when he gets out everything will be 15 years ahead of where he will be remembering everything. As his life basically stops everyone else goes on. I don’t think jail is fit for animals let alone humans but as the saying goes.. do the crime pay the time, and you are innocent till proven guilty. Am I saying everyone is guilty of what they are accused of no, but if the evidence clearly support and evidence is found on something from the victim caused by the accuser then the chances of it being wrong is slim to none. I am sorry you have lost a friend and are having a hard time coming to terms with this. You are grieving and as well as everyone else that loves Cheney, but you have one thing up on the family of Bakley. You can talk, write and even see your loved one. Imagine what hers are going through. Your grieving will eventually fade, and you will then starting counting the joyous days before he is home with you. What do the Bakley’s get to celebrate for the rest of their lives? Birthdays and holidays a sitting on top of their loved one and polishing her stone?
2 families and friends have lost their worlds caused by an unnecessary, stupid, selfish act.
I hope everyone affected from this finds a way to carry on, but I really pray the Bakley family is finally able to start working on finding peace and moving on from this unforgettable night of many.
should Cheney start with his talking about drunk driving to Chester Ruth????
No, but he should start talking to someone about it. Based on the evidence of the State Trooper at trial, Cheney indicated that at his level of intoxication he was only 50% as drunk as he had ever been in his life. For such a young man to have been that drunk means he’s probably already an alcoholic. You would do him a favor if you stopped making excuses for him and pointing at the flaws in others.
I don’t think you’re cold hearted, and I don’t think you should feel sorry for him.
He got drunk, got behind the wheel of a car, hit someone, and drove off. That is pretty much the definition of killing someone. He did kill Bakley, and had gone back to help, she might have lived. But like a coward, he drove away, leaving her to die in the street, because he didn’t want to get caught drinking and driving, because he was a coward and ran away. He put his own self interest above the life of someone he probably wouldn’t have hit were he not drunk. I don’t care if it was his first OUI, he was drunk, he drove, someone died, end of story. He should be very grateful he got manslaughter, instead of Murder 2.
” maine judges look for reasons to avoid convicting criminals and traffic offenders.”
Really? Haven’t spent much time in a court room have you? The reality is that the vast majority who are charged are convicted without a judge making any decision at all(by agreement) and a very high percentage of those who go to trial (above 70%) are convicted as well weather by a Judge or Jury.
Please provide a verifiable example of ANY Maine Judge that was “looking for ” a reason to avoid convicting a criminal. You’ve said its a general truism: give me one verifiable example, just one.
Hint: Call your local DA and ask him for the conviction ratio of his office.
“Please provide a verifiable example of ANY Maine Judge that was
“looking for ” a reason to avoid convicting a criminal. You’ve said its
a general truism: give me one verifiable example, just one. ”
here is Maine’s newest judge:
“John Bertl of North New Portland said that when his son, who was riding a motorcycle, was hit by a drunken driver who ran a stop sign, Fowle refused to prosecute the woman because his son allegedly was speeding”
” I should not be upset [at losing] because my job was not to get convictions”
http://bangor-launch.newspackstaging.com/2012/01/24/news/court/panel-backs-evert-fowle-nancy-carlson-as-district-court-judges/?ref=latest
Look up the young punk ‘dusty pinkham” who got 2 1/2 years for beating a 47yo man to death in an unfair fight. The victim was on the ground and Pinkham kept beating the victim. Maine judge jabar gave pinkham 2 1/2 years because Pinkham was 19 years old. THAT is what i call an example of a Maine Judge Jabar looking not to convict someone for a crime that was murder.
Incidentally, I have never been in any courtroom in the state. Never had a speeding ticket and i have driven the equivalent of about 25 times around the planet.
Justice Anderson is one of the best.
Thank god he didn’t walk. His parents must be in hawk up to their eyeballs with lawyer’s bills. Maybe in 15 years, he’ll rethink his decisions before he acts upon them/choosing to drink while hammered.
His parents being in debt is at best cold comfort to Jordyn’s family. Sometimes you have to wait a long long time for karma to complete its cycle…
i cant wait until the karma comes to all of you for all of your rude inconsiderate comments to this innocent man you all have in your minds that he is some kind of “monster” i really hope that all of you take a very good look at yourselves when he is released for on his appeal of acquittal because i believe very strongly it will happen and when it does i hope you are all ashamed of yourselves FREE CHENEY!!!!!!!!!!!!!!!!!!
are you kidding me GuiltFree????? Do you believe in the Easter Bunny as well? Santa?
You sound so sure GF. Were you there that night? If not, then save face and shut up.
His conviction will be affirmed on appeal. End of story.
Actually…he’s only gonna be serving 7 years. Not very long when you’ve taken someones life away. He’s not even remorseful.
true story
you cant be remorseful for something you didnt do
He did it.
He ran her over and left her to die, who did do it? I suppose it’s the victim’s fault for being there to be run over by this pathetic drunk?
In winthrop, 2 summers ago, an out of state girl was working at Camp Laurel. She was hit on the road by a drunk driver. His blood alcohol content was twice the legal limit. He’s not even in jail
…
….
He hit her, he left her to die and drove off like nothing had happened. He should have no bail and he should have a lot longer sentence than he got.
Are you saying that I am wrong, that there was NO EVIDENCE at trial that Cheney came to Orono with his truck to help his cousin move back to Berwick because he was finished at the University of Maine? Think very very carefully, because a lot of people heard EXACTLY that testimony from friends and relatives of Cheney’s AT TRIAL.
Who keeps flagging Guest’s comments? I might not always agree with Guest, but for once, I’m not thoroughly disgusted. Come on BDN! Fair play!
The operative word in the headline is “convicted”. Someone who has been “convicted” needs to be in their cage.
just because he was “convicted” doesnt mean he did it
It does for Cheney. He did it.
Hmm, not sure why my comment was removed? I had just said that this guy was weak in the face of his sentence and that any real man would own up to his actions and even seek out a harsh penalty as a means of penitence, and not hide behind legalese.
Dear BDN censor:
I bow before you. I apologize for invoking the name of god. I apologize for implying that Guiltfree might be related to Cheney. I hope this appeases your delete button.
Dear xxskiier,
i am sooo sorry that you are completely wrong in your statements and i believe that you are hiding your true identity as Chester Ruth who was smiling while leaving court after being unable to recall anything from that night and lying under oath and then fled the state because you were sooo sad and couldnt even be at the sentencing because you were soo devastated sounds like you really loved Bakley
Thanks for reminding me – Chester Ruth. That was the completely idiotic and nonsensical defense strategy – that Chester Ruth was the guy who killed the Bakely girl. Of course, the jury didn’t fall for that.
and why not he thinks driving drunk is ok to do
Even if I were to accept your premise, which I don’t, I would be left with the question of how it shows that Chester Ruth is the killer. The evidence is overwhelming that Cheney did it.
Your friend (or relative) Cheney had his day in court andwas found GUILTY by a jury of his peers. The system worked. Now Judge Anderson has denied him bail during his appeal, which he was correct in doing. Once again, the system worked!
What is wrong with this system? It is obviously put in place to make the attorneys some big bucks. One should not be able to appeal when found guilty. This should be the end of their time in front of a judge and jury. Serve your time………….
No appeals? Scary post. Have you read about all of the people being exonerated by the Innocence Project (most, but not all, with DNA evidence)? I mean, 100s of onnocent people would have been executed if the system worked as you suggest (by the way, most of those exonerations are done by attorneys and investigators volunteering their time).
Lets see, you get drunk, kill someone, get 15 years and all but 7 are in the trash, and you are moaning over not being out on bail? Pal, you shuld be doing ALL of the 15 years and lucky I was not the judge, you would have got a lot more then 15 years. cry baby!
for all of you who that has said that Cheney is Guilty because he drove drunk may I ask why Chester Ruth is in the clear apparently he thinks driving drunk is ok too
anyone who followed this case in the courts knows the evidence is undisputable that this guy killed Bakely. What does he want next warm milk and blankie in prison?
Any judge that would let Peter Anderson , aka “The deranged murderer” out on bail , in my opinion, is NOT a good judge. The “Murderer” is going where he pleases, and has stated he willl kill more of the family !! But yet, judge Anderson wouldn’t allow Cheney bail. He didn’t plan to hit the girl, as the Murderer DID plan on killing his victim and others., and WAS allowed on bail. Nope, things just don’t even out. The justice system needs to let the families of murdered people, have their way with the murderer. Even up the score. Save lots of money for the tax payers.
GuiltFree
First, in a forward projection impact there would be no tire marks or crushing
injuries. So I guess we’re in agreement. Basically she was not crushed by a
tire but rather, run into with violent force. Not sure what you’re saying….
Second, Stephenson was an “expert” defense witness, paid for
his explanation. Which, I might add actually hurt the defense. His meandering
and/or avoidance of question under Almy’s cross was damning. He couldn’t
explain away the debris field, did not support his explanation when confronted
with opposing evidence (like the tire spacing). His job is to suggest an
alternative scenario, which he did, except he did so with conflicting evidence.
He basically lied under oath, and it was tense in the court room when he did
and was exposed by Almy. He flat out denied ANY possibility of a forward
projection involving her and a truck of his size (contrary to the bruising
pattern and broken bone suggesting a full size truck). What about her broken wrist
and the hand sized hole in the grille? What about the debris field pattern? A
better approach may have been to try to make further suggestions than to deny,
deny, deny, facts. Even the defense witness that was to testify later (the
defense medical examiner) couldn’t deny that Jordyn could’ve been hit in the
manner the State suggests with a full size truck. That makes 4 expert witnesses
(3 for the state, 1 for the defense) that testified in direct contrast to
Stephenson. Remember the snow on the scarf and phone? Snow deposited from the
vehicle when backing over the debris field. But if Jordyn was or run under a
tire (or thrown over) and not projected forward, would not the debris field be
different? Looked to be a hired gun, and that hurt his credibility.
Third, Jordyn’s point of impact injury. The leg was broken
at about 21 inches. Cheney’s truck had a bumper with a “leading edge” at about
27 in. (it’s in quotes because the bumper width is substantial). The problem
with your assumption is that you take NO other factors such as…..
a) add to her height her boot (about an in.)
b) minus from the truck the hill gradient (Cheney’s truck
tires would’ve been downhill from his bumper effectively lowering the height of
impact with the bumper)
c) minus from the truck any late braking (common among DUI
drivers)
d) minus from the truck the lowered driveway (the truck was
partially in the driveway)
e) consider any bumper bouncing (considering the truck would’ve
entered a lowered driveway….the truck bumper would’ve been moving)
f) consider 21 inches and 27 inches are relative considering
Jordyn’s injury (a triangle lower thigh break and the accompanied patterned
bruise spanned a width, along with Chene’y bumper spanning a width)
Fourth, DNA on the truck. There wasn’t any. I contend…. why
would there be any?
a) she was clothed in winter gear protecting from skin
transfer
b) almost all of her blood was after her head hit the
pavement
c) her wrist and leg impact injuries were internal bone
breaks (her head was impacted with the ground)
d) Cheney drove on high speed roads (I-95) (potential
clearing away DNA/fibers)
e) Cheney was involve in a second accident (potential
clearing away DNA/fibers)
f) Cheney handled his grille
No fibers? No blood? No hair? Why would there be? If there
was any, the evidence could’ve been effectively blown off when Cheney broke the
law a drove away.
Lastly, If Cheney did what he was supposed to do and “took
responsibility” and was such a character guy then why…….
-Did he break the law and decide to drink and drive?
-Break the law and drive off after hitting the snowbank?
(Let’s assume for your argument he, at this point, did not kill Jordyn and knew
he had hit her)
-For no reason start to drive home (when he was suppose to
help a friend move the next day)?
-Break the law and leave the scene of his SECOND accident
after being told to stay be the dispatcher?
-Lie to a State trooper about how much drinking and when he
drank?
– Refuse to talk to police immediately after being arrested?
(if he just struck a snowbank then why not tell them?)
Testimony indicated he was driving at that location when she
died. The presumption there was another accident at that same spot within a
mere 2 hr span is not reasonable. Him fleeing the area is damning. His second
crash is also damning. The compelling evidence is the pieces of truck grill
being found during the autopsy on Jordyn’s body. Those pieces directly matched
Cheney’s truck.
I am positive of 3 things: He is as guilty as it comes. His
character is about as bad as it gets, and he will not win an appeal. I’m sorry
Guiltfree. Please know that jurors do not want the guilt of imprisoning someone
who is innocent. It was pretty obvious to the judge, jurors, and other impartials
that he is guilty. Honestly, it’s not even that close. I would suggest that you
are blinded by your personal family relationship or friendship and cannot
believe it to be true. Wanting it not to be true doesn’t make it so. I know you
said he admitted to the DUI, but what about leaving 2 accidents? From the
outside looking in it looks like a lot of cheap lawyer tricks by Bly… he fought
evidence (the grill being admissible), fought dates, fought for bail, fought
verdict (blaming jury tampering after being okay with impartial integrity), but
any scenario contrary to Cheney being guilty is unreasonable (to be polite).
He hit her, he knew he hit her, left her there without help,
left in an attempt to get away (when he was supposed to stay in Orono), crashed
again, was told to call 911 by a helpful bystander only to later ignore the 911
dispatcher, got breakfast to cover his alcohol breath, and lied to a state trooper.
Maybe you can ask him why he just stayed, if he was truly
innocent, or why he lied to the trooper? Was he too drunk to know what he was
doing? Then how would he know he didn’t hit someone?
Dear Gary
Thank you for your cogent recitation of facts. Guiltfree, whom I often suspect of also having previously posted as Sobomom, and having some sort of connection to Cheney’s family, repeatedly makes claims that are unsupported by the evidence that I understand to have been presented at trial. The most damning in my opinion, was that he fled the town of Orono when he specifically came out to help his cousin (friend?) move back to Berwick. It is my specific recollection that his cousin testified to this on the stand, in addition to the fact that there was a celebration (a week late) of someone’s birthday. Does this jive with your recollection of facts in evidence?
Sure does (on both the B-day and moving)…. Cheney was supposed to help move his cousin (using Cheny’s truck). The cousin lived somewhere in the North Main St. neighborhood (at least that side of the river) if I do recall. Cheney arrived at his cousins friends place at middle st. looking for his cousin (apparently they seperated after they all went drinking). Cheney left, not listening to Laura Hackney’s advice to crash on the couch, and drove drunk up middle st.