Charges against a former Rockland man accused of possessing child pornography have been dismissed, after a judge ruled that the man’s right to a speedy trial was violated.
Marc L. Merrill, who now lives in Gorham, was arrested in 2013 in Rockland and charged with five counts of possession of sexually explicit material of a child under 12 and one count of possession of secually explicit material.
Justice Daniel J. Billings ordered the dismissal of the case last week after a motion to dismiss was filed by the defense.
Merrill was indicted in 2014, with an amended indictment being issued in 2015, according to court documents. His trial was delayed twice — in 2015 and 2016 — due to inability to select a jury.
Billings concluded that 22 months of the delay were attributable to the state in this case, with the most significant delay being the 10-month delay between Merrill’s arrest and the presentation of key evidence being made available to his defense.
This 10-month delay in discovery infringed on the defendant’s ability to prepare a defense, according to Billings dismissal order.
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