Defense attorney Peter Marchesi has responded to allegations detailed in a lawsuit filed against the Two Bridges Regional Jail by a former inmate.
Marchesi was on vacation and unavailable for comment when LCN first reported the story Aug. 8.
Amanda Hayes, 34, of Dixmont, filed suit in the Wiscasset Superior Court alleging that her civil rights were violated when she was sexually assaulted while she was an inmate at Two Bridges Regional Jail, between Aug. 31, 2011 and March 31, 2012.
According to court documents, Hayes alleges she was subject to repeated sexual advances by Correctional Officer Brian Bossie that resulted in her being sexually assaulted in her cell. She also alleges that Bossie’s supervisors Col. Mark Westrum and Lt. Richard Thompson knew of Bossie’s sexual advances on her and failed to protect her.
On about Sept. 30, 2011, Hayes alleges that Bossie entered her cell groped her buttocks with his hands and forced her to kiss him on the mouth.
According to Marchesi, Westrum never received a complaint from Hayes. A letter was written addressed to Major Mark Anderson, sealed and left in his door mail box by inmate Jessica Gagnon on Oct. 28, 2011, nearly a month after the alleged assault. The letter told Major Anderson of the situation.
When Anderson opened the letter, read the content he immediately went to Sgt. Robert Banks who did an investigation within the facility, Marchesi said via email. The investigation, done the same day, included an interview with Gagnon and a review of video tapes and phone calls.
According to Marchesi, Westrum was in Augusta for a budget meeting that same day. He was notified of the letter by Major Anderson sometime during that day. Bossie was a probationary employee and was terminated as a result of the investigation.
According to Marchesi, Westrum or anyone else at the jail, were not made aware of prior conduct by Mr. Bossie of the same or similar nature. “Mark Westrum and the TBRJ have a zero tolerance policy for such behavior. It cannot be stressed strongly enough that such behavior is absolutely off limits, and will result in severe disciplinary action every time it is substantiated. Mark Westrum and TBRJ have a strong and consistent track record of insisting that employee conduct meets the highest standards.” Marchesi said
Following the investigation of Bossie, the information was turned over to the Lincoln County Sheriff’s Office, which resulted in Bossie being charged with assault and unlawful touching. According to court records Bossie pleaded guilty to those charges; the charges were dismissed, being deferred for further disposition.
According to Marchesi, the disposition of the criminal charges against Bossie did not involve the jail. That was a matter dealt with by the District Attorney’s office. It is not uncommon, however, for a first time offender to plead guilty with the understanding that the charges will be dismissed at a later date if the individual does not engage in further criminal conduct.
According to court documents Hayes is seeking an award of compensatory and punitive damages as a result of her rights being violated and for the emotional distress, pain, suffering, anxiety, fear, humiliation, mental anguish and loss of enjoyment for life’s daily activities.
