WISCASSET, Maine — A Lincoln County jury has found a British citizen not guilty of choking his pregnant wife with a belt in Boothbay Harbor in December 2013.
Mark A. Jolleys, 33, stood trial in Lincoln County Superior Court in Wiscasset on Wednesday and Thursday.
The jury returned the verdict at about 4:15 p.m. Thursday after deliberating for about two hours, said Assistant District Attorney Jonathan Liberman, who prosecuted the case.
The wife, a key witness, did not attend the trial.
“We could not locate her,” Liberman said. “We had subpoenas out for her for quite some time.”
The woman called 911 on Dec. 27, 2013, to report the incident and described the alleged assault in a detailed written statement. She later recanted her allegations, according to Liberman.
“She had recanted to our office in writing and in other ways on more than one occasion, so we weren’t completely surprised that she made herself scarce for the trial,” Liberman said. “All the same, it was a serious enough case where we had to take our best shot.”
Liberman said it is difficult to say with certainty whether the woman’s absence changed the outcome of the trial.
“I think that these cases are always difficult when you have an uncooperative victim who is on the stand saying it didn’t happen or is not on the stand at all,” Liberman said.
Jolleys, meanwhile, is “very relieved that it’s all over. It’s been a long time,” said Lisa Whittier, his attorney. He now plans to return to England.
“I was very pleased with the verdict because my client was innocent and I believed in his innocence from the very start,” Whittier said.
Jolleys has maintained his innocence from the beginning, when he told police he acted in self-defense, Whittier said.
“The jury found that Mr. Jolleys used a reasonable degree of force, no more than necessary to protect himself,” she said. He “absolutely disputes” the use of a belt in the incident.
Whittier said she does not know if Jolleys’ wife’s absence at the trial affected the outcome.
Jolleys “testified very well,” Whittier said. “The jury believed him.”
Jolleys was arrested the day after the report and remained at Two Bridges Regional Jail in Wiscasset for almost a month. A friend posted $10,000 cash bail on Jan. 23, and Jolleys has lived in Wiscasset under strict bail conditions since.
He surrendered his passport upon release and has had to abide by a sunset-to-sunrise curfew, among other conditions.
Jolleys’ wife later told the district attorney’s office she fabricated the incident and wanted to reconcile with Jolleys, according to a motion filed by Whittier.
“I think this was a case where myself and the law enforcement involved — we all did the best that we could to put this case forward,” Liberman said. “We all felt strongly that this was a case that needed to go to a jury and we all knew what we were up against — that this was a case we would have to try without a victim — but we felt it was worth a try here because of the severity of the incident.”
If you or someone you know is experiencing domestic violence and would like to talk with an advocate, call 866-834-4357, TRS 800-787-3224. This free, confidential service is available 24/7 and is accessible from anywhere in Maine.