Waldoboro defense attorney Philip Cohen, 45, will be headed to Portland Oct. 1 for a hearing on a motion to terminate his deferred disposition agreement, among other motions filed by the state.
Cohen was arrested by the Waldoboro Police Department last November for domestic violence assault, but the charge was dismissed July 11 when he pleaded guilty to disorderly conduct instead and a separate violation of conditions of release charge.
According to police and court documents, the alleged victim of the assault had shown reluctance in discussing the incident at various times since the night Cohen was arrested, and at one point, allegedly sent an email to Cohen’s defense attorney, Walter McKee, indicating she was unwilling to return to Maine to testify.
If Cohen successfully completes the terms of the deferred disposition agreement, he would be required to pay $500 on each of the charges and serve no jail time.
However, the state filed motions in Kennebec Superior Court later in July to terminate the deferred disposition and impose sentence, to modify the deferred disposition, and to revoke Cohen’s bail based on new allegations against him.
Detective Robert McFetridge, of the Lincoln County Sheriff’s Office, investigated allegations Cohen assaulted the same alleged victim again in Jefferson July 12 – the day after the plea agreement went through.
Though new charges against Cohen have not yet been filed, Andrew Matulis, an assistant district attorney in Androscoggin County who is prosecuting the case, wrote in a motion last month there is probable cause Cohen violated a condition of the deferred disposition with new criminal conduct of domestic violence assault, obstructing the report of a crime, and violation of condition of release.
Cohen entered denials in the motion to terminate, the motion to modify the deferred disposition, and the motion to revoke his bail before Justice Roland Cole in Kennebec County Superior Court Aug. 26.
The prosecution and defense did agree to new bail conditions for Cohen, including no contact with the alleged victim, and a requirement he turn his passport into the Lincoln County Sheriff’s Office by the close of business Aug. 26.
Matulis asked for the upcoming hearing to be scheduled at least three weeks out since the alleged victim has returned to her home outside the United States and the state will need to arrange for her transportation to the hearing.
According to an Aug. 21 motion by Matulis on file with the court, the alleged victim has confirmed she will return to the United States and will testify at the hearing to terminate Cohen’s deferred disposition.
“Additionally, [the alleged victim] has informed the state that since the filing of the motion to terminate the deferred disposition in this case the defendant has been trying to contact her,” Matulis wrote in the motion.
Cohen agreed to appear at 8:30 a.m. on Oct. 1 in Cumberland County Superior Court, according to his new bail bond.
If his deferred disposition is terminated, Cohen could be sentenced to up to six months in jail and a $1,000 fine for both the disorderly conduct and the violation of condition of release charges he pleaded guilty to in July.
