AUGUSTA – On Tuesday, the Maine Senate voted to enact a bill from Sen. Bill Diamond, D-Windham, to prioritize the scheduling of child homicide trials. An amended version of LD 1857, “An Act To Prioritize the Prosecution of Child Homicide Cases,” received a unanimous vote of support.
“In the two decades that I’ve been involved in the effort to improve Maine’s child protective system, I’ve found that some of the most valuable information comes to light only when cases go to trial,” said Sen. Diamond. “The information we learn in these trials can make a real difference in the lives of other Maine kids, so prioritizing these cases for trial just makes sense. Especially with 2021 being the deadliest year on record for Maine kids, and with several cases from last year set to go to trial in the coming months and years, we must seize this opportunity to learn important lessons – and implement those lessons – as soon as possible in order to save lives. I thank my colleagues for their support.”
As amended, LD 1857 would require the Attorney General to formally request that the courts give priority in scheduling homicide cases in which the victim is younger than 18 years old. Sen. Diamond introduced LD 1857 after learning that, because of a backlog of cases caused by the pandemic, last June’s child death cases would take longer to go to trial than they typically would, thus delaying the revelation of critical information in these cases. The amendment also altered the title and language of the bill to include all child homicides, not just murders.
A longtime advocate for reform in Maine’s child welfare system, Sen. Diamond highlighted key pieces of information that have been brought to light only when past child murder cases have gone to trial. For example, the trial in the death of 10-week-old Ethan Henderson, who was killed by his father in May 2012, revealed the failures of mandated reporters to report Ethan’s injuries to the authorities. The trial also revealed that DHHS caseworkers were in Ethan’s home to conduct a welfare check on him just days before his death, but failed to follow through because Ethan was sleeping. Making failures such as these known has been critical as the Legislature seeks to improve Maine’s child welfare system.
LD 1857 now goes to Gov. Janet Mills, who has 10 days to either sign the bill, veto it or allow it to become law without her signature.