Matthew Fleury Matthew Fleury is brought into Wiscasset Superior Court for sentencing on 112 counts of sexual abuse. (Photo Barbara Martin)

Matthew Fleury was sentenced to serve 35 years with 17 years suspended on 112 counts of Gross Sexual Assault, Unlawful Sexual Contact, and Sexual Abuse of a Minor last week.

He appeared in Lincoln County Superior Court on Friday, September 14, before Judge S. Kirk Studstrup for sentencing. He had been found guilty in July and has been held without bail. During the trial, Fleury, age 38, of 60 Standpipe Road, Damariscotta had been accused of sexually abusing the underage daughter of a woman he had lived with for several years. The abuse took place over a three-year period from November of 2001 to April of 2005. The family moved several times during that time from Damariscotta to Wiscasset, Jefferson and Waldoboro.

In June of 2005, lead prosecutor, Damariscotta Chief of Police Steven Drake obtained an arrest warrant for Fleury, and he was indicted on the charges in August of that year.

Assistant District Attorney Lisa Bogue prosecuted the case in July and represented the District Attorney's Office for sentencing. Although a sentencing memorandum had been previously submitted to the Court, she made an oral statement, highlighting the state's position.

Bogue asked the Court to divide the total number of counts into four segments based on the age of the victim at the time of the offense, and the severity of the offenses. She referenced the state's guidelines for sentencing that include harsher penalties for criminal acts committed on children at certain ages.

Bogue said that counts 1-20 took place when the victim was under the age of 14 and asked that the Court sentence the defendant to 20 years to serve for those offenses.

She then asked the Court to consider counts 21-56, which occurred when the victim was between the ages of 14-15, and to impose a sentence of 10 years for these charges to be served consecutively after the first 20 years.

Bogue continued with counts 57-92, which took place when the victim was 16 and asked the Court to add an additional 10 years with five to serve and the balance suspended for four years. For counts 93-112, she asked for the Court to impose the same sentence concurrently.

The total sentence that Fleury would have faced if the Court accepted the state's recommendation would have been a total of 45 years with 35 to serve and 10 suspended with probation for eight years.

In her argument, Bogue asked the court to consider the number of times that this defendant had abused the victim, noting that the closest case she could find to the number of offenses in a prior case was 41 with that defendant receiving a sentence of 35 years to serve.

She also asked the court to consider that the defendant has not been willing to admit his guilt, calling the victim a liar and referring to the whole three-year period as a set-up by the police.

"He lacks insight into his conduct," Bogue said. "Testing presented to the court spoke about his lack of empathy."

Fleury was represented at trial and at sentencing by Attorney Andrews Campbell of Waldoboro. Campbell informed the court that the defendant would be seeking a second trial.

"I don't think he should be penalized for maintaining his innocence," Campbell said. He brought up concerns about Fleury's physical health, saying that he felt reports given to the court were contradictory.

"It is possible for a stepparent to get caught in a trap," Campbell said. "It is terrible if there is an abuse of power. However, the defendant does not admit to the action. I disagree that he shows no empathy. He said he feels badly for her."

Campbell also noted that this was not a crime of physical force. "There was no testimony to that, only abuse of power," he said. "Fleury believes that the victim has not stated things factually because she is under the influence of the police and the DA."

Campbell expressed the opinion that the state's recommended disposition would essentially be a life sentence for Fleury. "He feels like he is being painted as a Charles Manson," Campbell said.

"The pre-sentence investigation did not find him to be at high risk of re-offending," Campbell continued. "He has been advised not to speak too freely due to the appeal."

Judge Studstrup gave a lengthy explanation of his sentencing decision. He began by referring to the process that the Maine Supreme Judicial Court recommends, encouraging the judge to look at the specific crime before the court; the base sentence allowed; the details and analysis of the case; and the need to take a broader look to consider if any part of the sentence should be suspended and how successful would the defendant be as a probationer.

"We want every sentence to be individual, yet consider other like cases to keep things in certain balances," Studstrup said.

"This is not what I would consider to be a crime spree, but rather a chronic crime that went on for three years on a daily basis," he continued.

The court took a different perspective when considering the number of crimes. Rather than bunching the offenses into different groups, Judge Studstrup said, "I would probably see the first count as the most egregious of the 112 counts, because it was then that the chronic crimes began. Not to minimize the other offenses, but this charge stands out in my mind as particularly bad."

Judge Studstup also said, "Whether or not the defendant actually was a stepfather is not relevant. He stood in the position of a step-father which brings with it certain powers."

"He abused a young girl who looked up to him, and I have looked at how that will affect her," he said.

The judge said that in deciding on a sentence he was including the impact on the victim among all of the mitigating and aggravating factors. He noted that Fleury did not have a prior history of sex offenses, and that due to his physical problems, he did not feel there was a high risk of re-offending. He also said that he did not go out and seek to abuse but took advantage of his situation.

The following conditions were included with his sentence:

• No contact with the victim direct or indirect.

• Not to be within 1,000 feet of an educational institution.

• No contact with children under the age of 18.

• Sex offender treatment

• Not to have any sexual materials in his possession.

• Must reside in an area where there sex offender treatment is available.

• Register as a lifetime sex offender.