Rapist claims defense was inadequate, seeks new trial

By Juliette Laaka | Jun 30, 2014
Photo by: File photo Bradley Lemay.

Rockland — A 48-year-old Augusta man, who has spent most of his life incarcerated for sexual violence against women, contends his defense was inadequate during his 2011 trial and sentencing hearing for raping a Camden woman.

Bradley Lemay was sentenced to serve 55 years in prison for entering a woman's home and raping her at knifepoint over a four-hour period in 2010. In 2011, a Knox County jury found Lemay guilty of gross sexual assault, criminal threatening with a dangerous weapon, eluding an officer, attempted escape, and tampering with a victim.

The victim, testifying in 2011, said she feared she was going to be murdered but talked with Lemay during the violent assaults in an effort for him to connect with her and not murder her. Lemay had worked as a landscaper for a company that performed work on her properties.

After he left, the victim called 911, and a high speed chase ensued between Lemay and police. When in custody, Lemay asked his brother to threaten or bribe the victim in order to get her to recant the accusations. Lemay's brother then told police about the request.

Testifying in Knox County Superior Court June 30 during a post conviction review hearing, Lemay maintained his innocence, claiming he did not rape the victim.

"I have done some terrible things, but I am a good person. I am not a monster," he said.

Lemay has previous convictions for rape, burglary and kidnapping and spent more than 20 years in prison before his latest conviction. His earliest possible release date is December 2060, according to the Department of Corrections.

Lemay said his anger toward women stems from affairs his father had when Lemay was a child. He said he blames women for tearing his family apart. He said he would have told this to the court at his sentencing hearing had he been given notification.

His court-appointed defense attorney in the 2011 case, Christopher MacLean, testified June 30 he did everything he could to provide the best defense for Lemay, and in retrospect, could not think of anything he would have done differently in preparing the defense and subsequent appeal. He said there was no disagreement between himself and Lemay about the defense strategy.

Lemay asserted, through attorney Justin Andrus, MacLean erred when he did not present evidence at the trial Lemay wanted him to, including, according to Lemay, the sexualized behavior of the victim that could have resulted in the jury finding it was reasonable the rape was actually a consensual act. He also claims MacLean did not visit him at the prison when he requested a visit through letters and a phone call.

Lemay also said that he was not aware he could address the court during the sentencing hearing until shortly before the hearing, and that if he had been notified earlier, he would have prepared a statement. Lemay also said his counsel did not speak with him directly about his past, which could have provided evidence to use as a mitigating factor in explaining his behavior. He also believed he was not represented well in his appeal.

Assistant District Attorney Christopher Fernald argued MacLean provided an adequate defense for Lemay, and then asked Lemay if he was unsatisfied with MacLean's work during the trial, why he retained him to represent him in the appeal and subsequent civil case brought against him by the victim.

Lemay said he simply did not know other attorneys, but said it was true he never requested new counsel.

Fernald also asked Lemay if he told MacLean he did a good job during the trial, including acquitting him of three felonies — aggravated assault, burglary and aggravated criminal trespassing. Lemay said he may have told MacLean he did "an alright job."

Justice Jeffrey Hjelm is presiding over the case.

The victim filed a civil lawsuit in March 2012 against Lemay, Corey A. Prock of Nobleboro and Lise M. Prock of Randolph. She filed a seven-count lawsuit including: assault, fraudulent concealment, negligent hiring, negligent supervision, negligence/failure to warn, negligent infliction of emotional distress and intentional infliction of emotional distress. She was awarded $1.5 million.

In 2008 she began employing the Procks to perform various jobs at properties she owned in Camden, including but not limited to landscaping, mowing and general cleaning. From time to time, the Procks would bring an additional person with them in order to assist with the work. During spring 2010, the Procks brought Lemay with them to help, according to documents filed in Knox County Superior Court.

The Procks neglected and failed to inform the woman that Lemay had recently been released from prison on or about February 2010 and that he had multiple prior convictions for violent sexual assault, burglary and kidnapping.

Courier Publications reporter Juliette Laaka can be reached at 594-4401 or by email at jlaaka@villagesoup.com.

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Juliette Laaka
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Juliette primarily covers the cops and courts beat for The Courier-Gazette.

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