ELLSWORTH — A Tremont man serving a prison sentence for gross sexual assault, unlawful sexual contact and sexual abuse of a minor is pursuing a post-conviction review of his case.
Attorney David A. Weyrens of the Portland firm Hallett Whipple Weyrens, represents Ben Hodgdon, 51.
Hodgdon lost an appeal of his criminal trial in 2017. The former teacher denied having any sexual encounters with the alleged victim while she was a minor, according to the Maine Supreme Judicial Court decision.
“The appeal of the criminal trial is done,” said Weyrens via email.
“Mr. Hodgdon is now pursuing an avenue called post-conviction review, which is based upon allegations of errors at trial as well as the alleged destruction of a critical piece of evidence which would have effectively proven his innocence,” Weyrens said.
“I will be making a more detailed filing in February, setting forth the grounds for post-conviction review,” the defense attorney said in his email.
“For instance, one basis is that the alleged victim had made different allegations in her initial report to police concerning the years in which the alleged incidents occurred than were eventually made at trial,” Weyrens said. “These inconsistencies were not effectively presented to the jury.”
Weyrens succeeds Ellsworth attorney Robert Van Horn in Hodgdon’s case. Hodgdon was represented at trial by the late David Van Dyke.
Weyrens met Jan. 9 with Hancock County District Attorney Matt Foster and Maine Superior Court Justice Robert Murray to discuss the case. Murray had been the sentencing judge in the 2016 case.