We were surprised to learn the case against Philip Cohen wrapped up earlier this month in Cumberland County. Cohen, a prominent attorney from Waldoboro, was arrested last fall for an alleged domestic violence assault.
Domestic violence is a serious issue to begin with, but it catches more attention when it allegedly involves a respected member of the community.
Almost always, when an alleged offender has been arrested, the court files on the case have a copy of an affidavit that outlines the arresting officer’s knowledge of facts and observations supporting a conclusion that a crime has been committed.
Our interest was piqued when such an affidavit was conspicuously absent from the court’s file on this case – and remains so as of our print deadline this week – and a variety of involved agencies declined to share it.
We believe affidavits of this nature are public documents under the law. These documents are where law enforcement outline their reasons for arresting a person, a significant act and an infringement on a citizen’s liberty, and as such, they should stand up under review and be subject to the public’s eye.
The public cannot know how this case progressed without access to at least the basics. In this case, if the subject was legitimately arrested for domestic violence, police must have had some evidence, observation, or testimony, indicating the crime took place. If so, why was a conviction on a violent crime not sought? If the police didn’t have the evidence, why was the arrest made to begin with?
The facts are needed in order to come to a conclusion.
Ultimately, our requests for the document were denied or ignored and we delayed filing suit, figuring we would learn the facts of the case at a future trial or plea hearing.
We continued to follow this case closely so we were very surprised when we found out it was resolved in Cumberland County July 11, apparently without the knowledge of the personnel responsible for the case at Kennebec County Superior Court.
If the court clerks don’t know when something is scheduled and the prosecutor refuses to comment even on court dates, who is left to appeal to for information?
It doesn’t pass the straight face test. Government is important and can do a lot of good – but it needs to be transparent so the citizens it serves can have confidence all is being done as it should.
The bottom line is the public needs more than a lucky break to be able to follow along.
