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The trial of a South Berwick man charged in 2010 with the hit-and-run death of a University of Maine elementary education student will begin May 2, and new details are expected to come to light as both defense and prosecution say they are well-prepared for the proceedings.
Garrett Cheney, 22, pled not guilty to charges of manslaughter, leaving the scene of an accident that resulted in serious bodily injury, criminal operating under the influence of intoxicants and aggravated criminal operating under the influence of intoxicants on May 20, 2010, at the Penobscot Judicial Center in Bangor.
The charges stem from the death of 20-year-old Jordyn Bakley of Camden that took place in the early hours of the morning on Jan. 30, 2010, in Orono.
Though he has been somewhat reluctant to address the news media for fear any negative coverage will disrupt his client’s right to a fair trial, William Bly, Cheney’s Portland-based defense attorney, said much of the evidence against his client is circumstantial.
“This is an awful, awful tragedy,” Bly said. “The only thing that could make it worse would be to convict an innocent person.”
Bly added the defense has hired an accident reconstruction expert who will likely testify at the trial.
Cheney allegedly struck and killed Bakley at approximately 3 a.m. on Jan. 30, 2010, in front of 15 Middle Street in Orono near her apartment. According to court documents, he was driving on the wrong side of the street when he struck Bakley, who was killed instantly.
A newspaper deliveryman found Bakley’s body at 5:30 a.m.
In the weeks that followed, a vigorous investigation was launched to find suspects responsible for Bakley’s death.
At the time, the investigation and mystery surrounding Bakley’s death caused grief and speculation within the greater Orono community.
Cheney, who has no criminal history, surrendered at the Orono Police Department on April 16, 2010. He was arrested and later charged with the crime.
Penobscot County District Attorney R. Christopher Almy said considerable evidence has been collected in the time since Cheney’s arrest that will prove he was the driver of the vehicle that killed Bakley.
“The evidence, in our opinion, is very strong,” Almy said. “If anything, our case has gotten stronger.”
An Orono police affidavit filed at the time of Cheney’s arrest states he was in Orono on Jan. 29, 2010, to celebrate his cousin’s 21st birthday.
After allegedly hitting Bakley, Cheney headed south on Interstate 95. His 2003 Chevy Silverado went off the highway around 3:30 a.m. in Etna, the affidavit states. The truck was towed to a Newport storage lot.
He was arrested two hours later at an Irving service station after state police received an anonymous call. According to the affidavit, his blood alcohol level at the time arrest was 0.15, nearly twice the legal limit.
On Feb. 5, investigators learned that Cheney’s truck was still in the towing company’s storage facility. It was impounded and taken to the crime lab in Augusta, according to Almy.
It is unclear whether Bakley herself had consumed alcohol the night of the accident, but it is believed she separated from friends to return to a house she shared with other students at 27 Middle Street.
Bly said Cheney has continued to maintain his innocence. The attorney also contends the unfolding of events on the morning of Jan. 30, 2010. He believes police have charged the wrong suspect and said Cheney called police after his vehicle left the road that morning, a move Bly said demonstrates good character.
Almy maintains that there are no records that show Cheney called police that night and said the caller was a concerned motorist driving the same stretch of road as Cheney.
Furthermore, Almy said Orono police, Maine State Police detectives and crime lab technicians were able to match evidence retrieved at the scene of the hit-and-run with Cheney’s Silverado and Bakley’s injuries.
After being arrested, Cheney was freed on $50,000 bail. The trial will take place at the Penobscot Judicial Center in Bangor.
If convicted of manslaughter, the most serious crime with which he is charged, Cheney faces up to 30 years in prison and a $50,000 fine.
