Child sex image case against Eliot Cutler gets first hearing in Ellsworth
May 3—ELLSWORTH — Prosecutors and a defense attorney for Eliot Cutler are expected to argue over his bail amount and conditions Tuesday afternoon, including whether he should be permitted to use the internet, at the first court hearing for the criminal case alleging he possessed sexually explicit material of children.
Cutler, 75, who ran twice unsuccessfully for governor, faces four felony counts of possession of sexually explicit material depicting a child age 12 or younger, charges brought by Hancock County District Attorney in late March following the search of Cutler's homes in Brooklin and Portland.
The case is being investigated by the Maine state police computer crimes unit, which received a tip from the National Center for Missing and Exploited Children late last year that Cutler possessed a single image of child exploitation material.
By federal law, technology companies must report any illegal content they discover on their networks, and most large platforms use automated software that quietly scours every file or image their users upload.
Cutler is not expected to appear in court with his attorney, Walt McKee of Augusta, who will appear on Cutler's behalf.
The national center is designated in statute to process tips from technology companies including Facebook, Google, Snap Chat, Cloudflare and others about users who are suspected to possess illegal images or videos. The center then passes those tips to police across the country.
Cutler has declined to comment on the charges against him, and McKee said the $50,000 cash bail imposed after Cutler's March 25 arrest was excessive. As part of his bail conditions following arrest, Cutler was forbidden from going online or using internet-connected devices. McKee has already filed a motion to lift the restriction. Argument over whether he should be permitted online is expected Tuesday.
The four counts are Class C felonies, punishable by up to five years in prison. The district attorney who charged him, Matt J. Foster, said detectives identified 10 files of sexually exploitative material depicting children that police had seen before in other cases.
But little else has been released about what police found on Cutler's seized electronic devices.
An affidavit of probable cause spelling out the charges was sealed at McKee's urging, but the document may be released after the hearing Tuesday. The release may be delayed, however, until Cutler is indicted by a grand jury, a necessary step in felony cases that also has no firm timeline for completion yet.
This story will be updated.
