ROCKLAND, Maine — An inmate who alleges that he was assaulted by a former Maine State prison captain and the man accused of assaulting him offered contrasting testimony about what happened on Christmas Eve in 2012 at the prison that led to the charge.
The prosecution and defense presented witnesses Thursday in Knox County Superior Court. The assault case against 54-year-old David J. Cutler of Appleton, the former prison captain, is scheduled to go to the jury on Friday morning.
Renardo Williams, the inmate, testified Thursday he had done nothing when Cutler handcuffed him during an event in the recreation area of the prison at which coffee and doughnuts were provided to prisoners. The prisoner said he had complained a few days earlier to prison authorities about guards watching and following him and other black inmates.
Williams testified that after Cutler handcuffed him, he was then led by Cutler and another guard to the office of Sgt. John Howlett. When they got into the office, Cutler twice ordered Williams to sit, but Williams said he refused because it was his right to stand. He said Cutler then bent down, grabbed behind his knees and pulled his legs out from under him. Williams said he fell backward to the floor.
Howlett testified Wednesday that he was in disbelief by the action of Cutler.
Defense attorney Philip Cohen questioned Williams at length about a civil lawsuit he filed in federal court, seeking $300,000 in damages from a variety of prison officials, including Cutler, and the state. Cohen pointed out that Williams claims in the lawsuit that the assault was racially motivated, but under cross examination, the prisoner acknowledged that Cutler had never called him a racial name. Williams admitted he had called Cutler a “cracker,” which is a derogatory term for white people.
He said that the way that Cutler was following and observing him and other black inmates was racially motivated.
Williams also acknowledged that as soon as he fell to the floor, he said he would be contacting a lawyer.
Williams, a Massachusetts resident, is serving a 16-year prison sentence for drug trafficking in Maine.
Cutler testified at the end of the day Thursday. He said that he handcuffed Williams and later took him to the floor because he was acting aggressively. He said that when he was in the recreational area, Williams was agitated and confronted him.
Also testifying Thursday was former prison corporal Michael Reynolds, who said he did not see any aggressive action by Williams when Cutler bent over and pulled his legs out from under the prisoner.
Reynolds said that he would not have done what Cutler did.
The former corporal said that he was told by Cutler that no written report on the incident was needed even though prison policy calls for written reports whenever force is used. Reynolds and Cutler were placed on paid administrative leave two days after the incident, Reynolds for failing to report the use of force.
Cutler said Thursday on the stand that he only told Reynolds that he did not have to write the report that day. Under cross examination by District Attorney Geoffrey Rushlau, Cutler acknowledged he did not write a report that day nor the following two days before he was placed on leave.
Reynolds said when he wrote a report to his supervisors, he initially said that the prisoner had acted aggressively before Cutler took his action. Reynolds said he made a mistake and had assumed that there must have some aggressive action on the prisoner’s part for Cutler to have done what he did
He also said he spoke with Cutler at least twice after the incident and that Cutler told him to be honest in the report.
Cutler was fired March 2, 2013. Reynolds was demoted for filing the false report. He remained with the prison for another year before leaving for another job.
The assault is a Class D offense that has a maximum potential sentence of a year in jail.
Justice Daniel Billings is presiding over the trial.
One juror was excused Wednesday before the trial began for reasons not stated. On Thursday, another juror was excused after becoming ill. Their departures leave only 12 jurors with no alternates.