By Dominik Lobkowicz
Pictured with his attorney Walter McKee (right), Philip Cohen, of Waldoboro, had his deferred disposition on charges of disorderly conduct and violation of condition of release terminated Oct. 3 after Justice Roland Cole found there was a preponderance of the evidence Cohen committed domestic violence assault in July. (D. Lobkowicz photo) |
A prominent Waldoboro attorney who pleaded guilty to lesser charges in July after he was arrested for alleged domestic violence assault in November 2013 had his deferred disposition in the case terminated Oct. 3.
Justice Roland Cole terminated the deferred disposition of Philip S. Cohen, 45, after ruling a preponderance of the evidence showed Cohen had committed domestic violence assault against the same woman on July 12 – just one day after his plea deal went through July 11.
Cohen was arrested at his home late on Nov. 15, 2013 for allegedly assaulting a woman and was arrested again on Dec. 4 for contacting the woman in violation of his bail conditions.
The domestic violence assault charge was dismissed in a plea deal July 11 when Cohen pleaded guilty to a class E charge of disorderly conduct and the charge of violation of condition of release.
For his guilty pleas, Cohen was given a deferred disposition which, if he complied with terms such as a mental health evaluation focused on “anger and violence issues” and counseling and refrained from criminal conduct, would mean he would pay $500 fines on each charge and serve no jail time.
With the deferred disposition terminated, he faces a a maximum sentence to up to six months in jail and a $1,000 fine for each charge.
The prosecutor, Andrew Matulis, an assistant district attorney in Androscoggin County, said at the July 11 plea hearing there were “significant proof issues” regarding the Nov. 2013 domestic violence assault case.
According to police and court documents, the alleged victim of the assault had shown reluctance in discussing the incident at various times since Nov. 15, and at one point, allegedly emailed Walter McKee, Cohen’s attorney, indicating she was unwilling to return to Maine to testify.
Matulis filed motions in July to terminate Cohen’s deferred disposition, modify the disposition agreement, and to revoke Cohen’s bail, however,
After an investigation by Lincoln County Sheriff’s Detective Robert McFetridge of allegations Cohen assaulted the same alleged victim again in Jefferson July 12, Matulis filed motions to terminate Cohen’s deferred disposition.
Cohen has not been criminally charged related to the events of July 12.
The woman testified in Cumberland County Superior Court Oct. 3 that Cohen was upset that evening, and yelled racially-charged remarks at her before allegedly pinning her to the bed and pushing his fist into her mouth.
“He drew his fist back – he didn’t punch me or hit me – he just put it over my mouth. It was hard enough I could taste blood,” she testified.
Cohen denied the allegation, saying the only physical contact between the two of them that night was when, as he tried to leave, the woman allegedly confronted him and grabbed his biceps hard enough to leave bruises.
“I never assaulted [her],” Cohen said.
Neither Cohen nor the alleged victim took photographs of their injuries, but witnesses did testify to seeing the injuries on each of them.
After testimony, Justice Cole terminated Cohen’s deferred disposition because of new criminal conduct.
“For an assault – I’m satisfied by a preponderance of the evidence that an assault took place here, that he [Cohen] knowingly, intentionally, or recklessly, he caused bodily injury or offensive physical contact,” Cole said.
“I’m further satisfied that because of their relationship that it was a domestic violence assault, as set forth in the statute, so I’m finding that the deferred disposition is terminated,” Cole said.
“That doesn’t suggest that there wasn’t bruises on him or there aren’t some issues in regard to the very contentious relationship between the two of them, but I’m finding that the state has met its burden to terminate the deferred by the preponderance of the evidence,” Cole said.
Matulis said the state is asking for concurrent six-month jail sentences for the disorderly conduct and violation of condition of release – the maximum jail sentence for class E crimes.
Sentencing in the case is scheduled for Wednesday, Oct. 15 at 1 p.m.
After the hearing, McKee described Matulis’ request for six months as “incredibly excessive.”
“I’ve never seen a recommendation like that in my entire career on misdemeanor offenses, and we intend to vigorously argue for something substantially less, that’s far more consistent,” McKee said.
“The whole allegation was he had basically split her lip and caused her injuries that the detective didn’t even see 36 hours later, so I was very surprised at the judge’s finding that an assault had occurred when the physical evidence suggested, if not proved, that it did not,” McKee said.
Matulis had no further comment on the case after the hearing.
“Everything was left out there as far as the testimony and the decision of Justice Cole. That’s really all I have to say about it,” he said.
