BANGOR, Maine — A Superior Court judge is expected to announce around 2:30 p.m. Monday whether she will set bail for the man accused of slaying teenager Joyce McLain nearly 36 years ago and dumping her body near Schenck High School in East Millinocket.
Philip Scott Fournier, 55, of East Millinocket pleaded not guilty June 21 at the Penobscot Judicial Center to intentional or knowing murder and depraved indifference murder in the death of McLain, 16, on Aug. 8, 1980. Fournier was arrested March 4 without incident and has been held without bail at the Penobscot County Jail since then.
Justice Ann Murray convened a hearing last month to decide the bail issue and to determine whether there was probable cause to charge Fournier with murder. The hearing was completed Monday. The judge said she wanted to consider arguments and would reconvene midafternoon
Fournier’s attorney, Jeffrey Silverstein of Bangor, told the judge that a family member could post $50,000 in property as bail. He also said Fournier, who would return to his parents’ home, was not a flight risk and was unlikely to commit new crimes.
Assistant Attorney General Leane Zainea, who is prosecuting the case, argued Fournier should not be granted bail, in part because his parents are witnesses in the case and he would be living with them.
Fournier’s mother, Anita Powers, testified last month that her son confessed to killing McLain in 1989 to her and her husband, Wayne Powers. Fourier also allegedly confessed to his former pastor, Vinal Thomas.
“What’s troubling here is that Mr. Fournier’s parents are significant state’s witnesses,” she told Murray. “We have real concerns about the integrity of the judicial process if he were allowed to return to that residence.”
Silverstein argued Fournier has never repeated his confession to his parents or law enforcement officers.
Zainia told Murray that Fournier has told inmates when he’s been incarcerated that he committed the crime.
Silverstein conceded that because his client was indicted by the Penobscot County grand jury in March that probable cause had been found for the charge.
McLain last was seen the night of Aug. 8, 1980, while jogging. Her partially clad and beaten body was found 36 hours later under power lines near Schenck High School. The medical examiner found that she died of blunt force trauma to the head.
Fournier was involved in a vehicle crash within hours of McLain’s death after he stole an oil truck and crashed it and suffered head injuries, according to a previously published report. His mother testified last month that her son was changed after he recovered, and she added that he was deemed disabled and received Social Security benefits but had worked at Husson University for a time.
He later recanted his alleged confession, saying he had confused reality with dreams, Silverstein said Monday.
In 2009, U.S. District Judge John Woodcock identified Fournier as “a person of interest” in McLain ‘s homicide when he sentenced him in 2009 to 6½ years in federal prison for possession of child pornography. Fournier’s criminal history also includes convictions in state court for burglary and unauthorized taking in 1979, burglary and theft in 1980, and burglary in 1984. After his conviction for possessing child pornography, he was ordered to have his name listed for 10 years in the official state sex offender registry.
Fournier was released from federal prison on Jan. 6, 2015, according to the U.S. Bureau of Prisons Inmate locator. He has been on supervised release since then.
Silverstein argued Monday that between the U.S. Department of Probation and Maine Pretrial Services, Fournier could be closely monitored while on bail.
If convicted of murder, Fournier faces between 25 years and life in prison.
BDN writer Nok-Noi Ricker contributed to this report.