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Author Topic: The murder of Joyce McLain -1980- E. Millinocket, Maine Philip Fournier CONVICTED  (Read 41052 times)
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Nut44x4
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« Reply #20 on: October 02, 2009, 01:55:29 PM »

Police probe vandalism at homicide victim's grave

Victim's mother: 'Somebody's telling me to shut up'
http://www.bangordailynews.com/detail/123512.html#

EAST MILLINOCKET, Maine — Pamela McLain said she sees a warning in the recent desecration of her daughter’s Medway grave site and of the area behind Schenck High School where Joyce McLain’s bludgeoned body was found 29 years ago.

“Somebody’s telling me to shut up,” McLain said Friday.

Maine State Police Sgt. Troy Gardner and Police Chief Garold “Twig” Cramp held an impromptu press conference outside the McLain home on Friday in which Gardner disclosed that a “brownish substance” was smeared on the tombstone at Grindstone Road Cemetery in Medway. A ceramic angel left on the grave, but not attached to it, was also smashed, Gardner said.

Police discovered shortly thereafter that someone had broken the wooden cross hammered into a utility pole near where Joyce McLain’s body was found close to Schenck High School soccer fields on Aug. 10, 1980, Gardner said. Police suspect that both incidents occurred on the Sept. 12 weekend.

State police collected evidence at the scene and are processing it, Gardner said.

An eerie question hung Friday over the proceedings, which were unusual because they marked the first time that Gardner, the homicide case’s primary investigator, had taken a leading role in a press conference: Could Joyce’s killer be responsible for the vandalism?

“It’s strange, and obviously it requires investigation,” Cramp said Friday. “I wouldn’t even want to comment on that [possibility]. ... You just never know on this one.”

“I don’t know. I don’t think it’s directed at her,” McLain said. “I think it’s more directed at me. If I shut up, none of this would be happening. Her things would be just a box on a shelf, if I wasn’t talkative. Know what I am saying?”

“It’s hard for me to say,” McLain added. “I don’t know who would want to bother the cemetery and the place where she was found. But I can’t imagine anyone killing her either. That same person, ... if they can kill, they can do anything . ... I can’t imagine kids having done that. All the kids that grow up in this area know something of Joyce McLain.”

A 16-year-old Schenck sophomore, Joyce McLain was killed sometime around the night of Aug. 8, 1980, apparently while jogging. Her body was found two days later in a power line clearing near the school’s soccer fields. Her head and neck had been hit with a blunt object.

Several suspects have been investigated, but no arrests have been made.
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« Reply #21 on: October 02, 2009, 05:10:37 PM »

VIDEO REPORT!!
http://www.wabi.tv/news/7894/vandalism-at-joyce-mclains-gravesite-and-site-of-where-her-body-was-found

Vandalism at Joyce McLain's Gravesite and Site of Where her Body was Found
by Meghan Hayward · Oct 02nd 2009

Joyce McLain was 16 years old when she was murdered.

That was 29 years ago.

Now, all these years later, both the site in East Millinocket where her body was found and the place where it was laid to rest, her gravesite, have been vandalized.

State police are asking for help tonight to track down the vandal or vandals.

Police and Joyce's mother are also continuing the pursuit for her killer.

Meghan Hayward reports.

"There's been some vandalism recently at Joyce's stone to include some defacing of the headstone. As well as some vandalism out on the powerline where Joyce was found after she was killed."

A ceramic angel that had been placed by Joyce's headstone was destroyed, along with some other items that were on display.

But that isn't all.

"And there was some material smeared on her headstone, dark brown in color. Basically defacing her headstone in a derogatory manner."

There has been a cross on display for 29 years behind Schenck High School, the site where her body was found, and a portion of that was broken off.

State Police Sgt. Troy Gardner says while these could be acts of random vandalism, it's still important to look into.

"Based on our work in the last 18 months, which is managing an active homicide case, it would be irresponsible for us to not consider the possibility that this activity was more intentional or more meaningful than an act of random vandalism."

Gardner says no other headstones at the cemetery were tampered with.

The vandalism at the cemetery occurred during the weekend of September twelfth. But police don't know if the damage to the cross happened at the same time.

Joyce's mother, Pam McLain, was shocked by the news.

"I was surprised to hear that someone had done something like that because it's 29 years and nothing like that has ever happened before."

But Pam isn't letting the news set her back.

"I'm waiting patiently. I really believe this is going to be solved and I've waited 29 years. I can wait 30 or 31."

Pam says she thinks the vandalism is a message for her to be quiet and stay out of the way, but it won't stop her.

She's going to put a new cross behind the high school, one she says will be even more significant than the last.

"It has a little more meaning to me because all the wood is different parts of the home here, so it's from the heart from her home."

Gardner says anyone with any information that could help with the investigation can call State Police in Orono at 866-2122.
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« Reply #22 on: December 11, 2009, 06:57:19 PM »

UPDATE!!!

12/8/09
Judge links child porn convict to 1980 McLain slaying case

BANGOR, Maine — A Millinocket man sentenced Monday to 6 1/2 years in prison for possession of child pornography was identified by a federal judge as “a person of interest” in the homicide of Joyce McLain.

Just before sentencing 48-year-old Philip Scott Fournier, U.S. District Judge John Woodcock urged him to disclose to investigators whatever information he has about the 1980 slaying of the 16-year-old sophomore at Schenck High School of East Millinocket.

“If you know anything about that case,” Woodcock told Fournier, “I urge you to think long and hard about telling the police. That case has hung like a dark cloud over that community and been very painful for many people. If you can help people in that community remove that cloud, I would urge you to do that.

“I don’t know what you know,” the judge continued, “but there are many people in that community and in this state who deserve to have answers.”

Fournier did not react or respond to Woodcock’s comments. Defendants in federal court rarely address the judge unless asked a direct question.

“My client has done everything that was within his power to assist the authorities [in the McLain investigation],” Virginia Villa, the federal public defender who represented Fournier on the pornography charge, said in a telephone interview after the sentencing.

Woodcock said he did not consider Fournier’s possible connection to the McLain case in imposing the 6½-year sentence. The judge said the information about Fournier being a person of interest in the investigation came from the presentence report prepared by the U.S. Department of Probation and Pre-trial Services.

The victim’s mother, Pamela McLain, said Monday that it wasn’t clear to her how “person of interest” differs from “suspect.” She identified Fournier, whom she knows as Scott, as among the top six names out of 12 to 14 people mentioned to her by state police and others in connection with her daughter’s death.

His name emerged within a month of the homicide, she said.

“I have just always heard his name, so this is not a surprise to me that it was mentioned in court,” McLain said. “His is one of the top names, I would say, of interest. There have been at least six of them that are the most talked-about suspects, loudly, through the years. He is in that group.”

Joyce McLain was last seen the night of Aug. 8, 1980, while jogging. Her body was found two days later. Her head and neck had been hit with a blunt object.

“There were so many names,” Pamela McLain said. “A few were being said right from the beginning, and we know that all of them didn’t do it, but it [the list of people of interest] hasn’t changed much in all these years.”

Fournier, McLain said, is a person of interest because sometime after midnight on the night of her daughter’s disappearance or death, he allegedly stole an oil truck and was involved in a crash with another vehicle. The timing of the theft, McLain suspects, left investigators wondering why Fournier was behaving so rashly.

In describing Fournier’s life at the sentencing hearing, Woodcock mentioned that the defendant was seriously injured in a car accident in the early 1980s but did not give the exact date.

Fournier suffered a skull fracture in the accident and was in a coma for eight days, the judge said. As a result of lingering problems from that accident, Fournier has been receiving Social Security disability payments since the mid-1980s except for a short period between 2004 and 2006.

It was not clear whether the judge was referring to the same accident as the one mentioned by McLain.

“I don’t know if anyone knows where he was going or what he was doing [the night of the oil truck accident],” McLain said.

Fournier was 19 at the time of Joyce McLain’s death and knew her and the McLain family. Almost all of the 12 to 14 people whose names police and others connected to the case were known to the McLains as friends, acquaintances or neighbors, Pamela McLain said.

McLain wondered why the judge would mention Fournier as a person of interest in open court. She knew of Fournier’s recent arrest and looming conviction, she said, and questioned whether it might push him to cooperate with homicide investigators — assuming he hadn’t already done so.

“I don’t understand this,” she said of why his name came out now. “Is the state police doing it? Or is he doing it? Who brought it up for the judge to say? For what reason?”

Assistant U.S. Attorney Gail Malone said after the sentencing that Woodcock told her and Fournier’s attorney before the sentencing hearing began that he was going to urge the defendant to tell investigators all he knew about the case because of the pain it had caused the Katahdin area community.

Maine State Police Detective Brian Strout attended the sentencing Monday but declined to comment on whether he was there because of the pornography charge or because of Fournier’s alleged connection to the McLain investigation.

Stephen McCausland, spokesman for the state police, confirmed after the sentencing that Strout is one of the detectives assigned to the McLain case but declined to confirm whether Fournier had been named a person of interest in the investigation.

“We are not naming suspects or persons of interest in this case,” McCausland said.

He also declined to say what the difference was between a person of interest and a suspect in the McLain case.

“Since we’re not naming suspects or persons of interest in this case, that’s not a question we’re going to answer,” McCausland said in response to a question about the difference between the two.

“I would also like to say that we have made great progress in the case since [the] exhumation of [Joyce McLain’s] body,” he continued. “Our detectives have done a number of interviews — either new or they’ve gone back to re-interview folks. They are making substantial progress.”

McLain’s body was exhumed in August 2008. When her casket was opened, forensic investigators made what they described as a near-miraculous find: an extremely well-preserved body and several pieces of new forensic evidence.

The presentence report Woodcock referred to at Fournier’s sentencing is prepared by probation officers for every defendant convicted of a federal felony to assist judges at sentencings. The reports are not public documents, but Woodcock routinely refers to information in them when sentencing defendants before him.

Fournier faced up to 10 years in prison, but under the prevailing federal sentencing guidelines the recommended sentence was between 6½ and eight years and one month in federal prison. His criminal history included convictions in state court for burglary and unauthorized taking in 1979, burglary and theft in 1980 and burglary in 1984. Those convictions were too old to affect his sentence on the child pornography charge.

The number of images found on his computer and the nature of those images did affect Fournier’s sentence, Woodcock said. Fournier previously admitted that he had more than 600 images and videos, including pictures of children from around the world who have been identified in previous investigations as being victims of pornographers, on his computer.

The forensic analysis of the computer revealed 635 images that depict children from 37 different groups of child pornography photos, according to the U.S. Attorney’s Office. All of the children were photographed outside Maine, and there were videos of adult males having sex with infants and toddlers, the judge said.

Fournier also was the subject of a 2001 investigation by what is now the Maine Department of Health and Human Services after his then-6-year-old daughter alleged that he touched her inappropriately. The department concluded, Woodcock said Monday, that it was likely Fournier had abused the girl, but criminal charges were not filed.

The defendant admitted having a sexual interest in girls between the ages of 10 and 12 when he began downloading child pornography in 2005, defense attorney Villa told the judge. She urged Woodcock to impose a sentence of 2½ to three years because since Fournier’s computer was seized, he had not sought out child pornography.

“I’m severely sorry for the pain these children have gone through,” Fournier told Woodcock. “In the past year, I’ve become aware of how devastating child sex abuse is to children and society as a whole. Through counseling and the support of my family, I’ve become aware of why I began seeking it out. I don’t think I’ll be a threat to society.”

Fournier came to the attention of officers with U.S. Immigration and Customs Enforcement in June 2006 when they learned he had used his credit card to purchase access to a Web site known to contain child pornography, according to court documents. On Nov. 30, 2006, investigators seized Fournier’s computer.

He was indicted on the charge of possession of child pornography by a federal grand jury in January 2009. Fournier pleaded guilty to the charge in May and has been held in the Somerset County Jail while awaiting sentencing. That time is expected to be applied to his sentence.

A half-dozen members of Fournier’s family attended the sentencing but none addressed the court.

McLain expressed sadness for the Fournier family at the defendant’s being tagged as a person of interest by the judge. McLain seldom discusses her understanding of the homicide in detail, fearing that she might make investigators’ work more difficult.

Nor, she said, would she want innocent people bearing the crushing humiliation of being thought of as Joyce McLain’s killer. That’s why McLain had hopes that the exhumation of her daughter’s body last year, and discovery of new DNA evidence, would lead to the elimination of suspects.

“That’s why I wish they [state police] would do some weeding out here. These people need some closure, too,” McLain said. “If they are not [suspects], did not kill her and know they did not kill her, imagine the hell that they are going through. I think it’s a shame. I think they [investigators] ought to weed them out and let them have some kind of a life for how many years they have left.”

http://www.bangordailynews.com/detail/132393.html
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« Reply #23 on: October 14, 2010, 05:04:11 AM »

  TWO WORDS         JImmy Hicks
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« Reply #24 on: October 14, 2010, 05:08:45 AM »

James Hicks  was working at the mill when joyce was murdered  he was convicted of three other murders and attempt of murder...  his MO..is from his own mouth.. ~i couldnt let them leave me.   Has this man be questioned.   He had a problem with women saying no to him.  so he murdered them... maybe she was his first victim and how many others from here to texas has gone missing at th ehands of this man.
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« Reply #25 on: May 09, 2012, 01:08:41 PM »

http://www.ctcoldcases.com/maine.html
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« Reply #26 on: May 17, 2012, 04:21:23 PM »

Internet petition calls for FBI to handle 32-year-old Joyce McLain murder case


By Nick Sambides Jr., BDN Staff

 Posted May 17, 2012, at 10:27 a.m.
Last modified May 17, 2012, at 4 p.m.

EAST MILLINOCKET, Maine — More than 1,200 people signed an Internet petition within 24 hours of its creation that calls for the FBI to take from state officials control of the investigation into the 1980 unsolved homicide of Joyce McLain.
 
As of 9:30 a.m. Thursday, 1,362 people had “signed” the petition at SignOn.org, which the victim’s mother, Pamela McLain, said had been created Wednesday by a friend. By 2:15 p.m., the petition carried 1,645 signatures.
 
“I am not surprised by the responses,” McLain said Thursday. “People support Joyce now just as they have through 32 years.”
 
Written by Judy Turcotte, the petition calls for Maine Attorney General William Schneider “to release the case files of the unsolved murder of Joyce M. McLain in order for the FBI to investigate this almost 32-year-old cold case.”
 ::snipping2:: more

Brenda Kielty, Schneider’s spokeswoman, referred comment to Maine Department of Public Safety spokesman Stephen McCausland, who said the FBI will not take over the case as petitioners seek.
 
Nor will Schneider open the case file to the McLains, as Pamela McLain seeks, McCausland said.
 
“We welcome any outside involvement and would have turned to the FBI if we thought their assistance could be helpful in the case,” McCausland said.

“We are also sympathetic with the family and with those in the Millinocket community who are frustrated with the time that has elapsed with this case, but at the same time that has not stopped our resolve to find who is responsible for Joyce’s death,” he added. “This investigation continues to remain active and will never close.”
 ::snipping2:: more
McLain said she believes that state police should share their information fully with families involved with cold cases that are at least 5 years old and allow families to share the information with other police agencies or have other agencies handle the investigations.
 
Opening the case files to the McLains would be “totally inappropriate,” McCausland said.
 
“There is only a limited amount of people who know what happened ― the investigators and those responsible for her death,” he said. “It has got to remain in this closed circle. We cannot open these files to the public.”
http://bangordailynews.com/2012/05/17/news/penobscot/internet-petition-calls-for-fbi-to-handle-32-year-old-murder-case/
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« Reply #27 on: May 17, 2012, 04:22:40 PM »

https://www.facebook.com/justiceforjoyce
« Last Edit: May 17, 2012, 06:36:29 PM by klaasend » Logged

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« Reply #28 on: May 18, 2012, 05:14:22 AM »

Thanks Klaas and Muffy.......dunno how that happened, lol.
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« Reply #29 on: August 13, 2012, 07:14:09 AM »

FBI: State police don’t need help with McLain homicide probe

Posted Aug. 12, 2012, at 8:53 p.m.

EAST MILLINOCKET, Maine — The FBI probably could not take up the 32-year-old investigation of the Joyce McLain homicide even if state police asked them to, according to the FBI’s regional spokesman.
 
The FBI has “an excellent relationship with state police but the simple fact is that it just does not appear that federal law or our own guidelines allow us to initiate our own murder investigation,” said Greg Comcowich, a special agent with the FBI in Boston.
 
Comcowich echoed recent statements by state police Col. Robert Williams during an interview with Comcowich on Friday. He and Williams were both trying to gently reject a request made by the victim’s mother, Pamela McLain, saying they sympathized with her plight.
 ::snipping2::  ::snipping2::

An Internet petition seeking FBI involvement in the case drew more than 4,000 signatures. McLain has been pushing for more FBI involvement in her daughter’s case since 2010.  ::snipping2::

huge snip......
Detective Joe Zamboni, who handled the case from 1986 to 2004, told the Bangor Daily News’ Doug Kesseli in 2005 that he believes that the person who killed McLain is “a very serious sociopath” and no longer a threat to anyone.
 
“When I looked at the case in the early ’80s, the investigation looked very seriously at people in the local area,” Zamboni said at the time. “By the time I retired, I felt very comfortable that the person responsible was not a local person.”
 
He has a specific suspect in mind.
 
“When you look at the crime, when you look at what happened, this is not a crime that was committed by a local teenager,” Zamboni said. “This is a crime committed by a very serious sociopath.”
 
Zamboni later added: “The person I believe is responsible for this is in a position that he’s not going to be able to do it again. I’m going to leave it at that … He’s no longer a threat to society.”
more..........................   ::snipping2::
http://bangordailynews.com/2012/08/12/news/penobscot/fbi-state-police-dont-need-help-with-joyce-mclain-homicide-probe/
more
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« Reply #30 on: July 11, 2013, 05:53:16 PM »

http://www.nytimes.com/2013/07/12/us/dna-evidence-identified-in-boston-strangler-case.html
50 Years Later, a Break in a Boston Strangler Case
July 11, 2013


Paul J. Connell/Boston Globe
Albert DeSalvo in 1967.

BOSTON — Boston police said Thursday that they had linked DNA from the man believed to have been the Boston Strangler to seminal fluid found in the home of a 19-year-old woman who has long been thought to have been his final murder victim nearly 50 years ago.

The strangler is believed to have killed 11 women in the early 1960s, terrorizing the Boston area for 20 tense months as he hunted women who ranged in age from 19 to 85 years old. The fear that gripped the city was heightened because most of the victims had been sexually assaulted and killed in their own homes. Some women are said to have moved away from the city out of fear.

On Thursday, the authorities announced that they had recently tested seminal fluid that had been found at the scene of the murder of Mary Sullivan, who was sexually assaulted and strangled to death in January 1964, and had found a near certain match with Albert DeSalvo, the man who confessed to the Boston Strangler murders but was never convicted of the crimes.

Mr. DeSalvo was stabbed to death at the Massachusetts Correctional Institution — Walpole, in 1973. (The prison is now called the Massachusetts Correctional Institution — Cedar Junction.) He was serving a life sentence for rape and other crimes.

 

The DNA samples taken from Ms. Sullivan’s body and a blanket in her Charles Street home, which the authorities have saved for nearly five decades, match DNA collected from a water bottle used recently by a nephew of Mr. DeSalvo, the authorities said. A Superior Court judge has granted permission to exhume Mr. DeSalvo’s body to determine a more conclusive link. The exhumation could occur as soon as this week.

“There was no forensic evidence to link Albert DeSalvo to Mary Sullivan's murder until today," said Daniel F. Conley, the Suffolk County district attorney, at a news conference Thursday in which the findings were announced.

Even if there is a clear DNA match however, doubts will remain about whether Mr. DeSalvo was in fact the Boston Strangler — or just one of several people who committed the murders — because of inconsistencies in his confession.
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« Reply #31 on: July 12, 2013, 11:38:31 AM »

Muffy    Why is that posted here? Did I miss something in the article??
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« Reply #32 on: October 05, 2015, 05:19:39 AM »

Cold case victim's mother reacts to MSP in East Millinocket
video
http://www.wlbz2.com/story/news/2015/10/02/joyce-mclain-east-millinocket-cold-case/73242420/

EAST MILLINOCKET, Maine (NEWS CENTER) --

The mother of 16-year-old murder victim Joyce McLain is speaking out after police went back to the spot where her body was found 35 years ago.

On Thursday, state police detectives were behind Schenk High School in East Millinocket looking for something related to one of Maine's most notorious cold cases.

"I was at a loss for words," said Pam McClaie. "Anyone that knows me knows to get me for a loss of words is a biggie."

Maine does have its own cold case investigation team and their work started the same day.
 
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« Reply #33 on: March 04, 2016, 05:00:42 PM »

WOW!!!!!!!!!!!!!!!!!!!!!

http://wgme.com/news/local/arrest-made-in-1980-homicide-of-joyce-mclain

Man arrested for murder in 1980 Joyce McLain homicide

By WGME |Friday, March 4th 2016

BANGOR (WGME) - After more than 35 years, state police have made an arrest in the 1980 homicide of 16-year-old Joyce McLain of East Millinocket.

The man arrested by state police had been considered a person of interest for years. In fact, he was questioned several times after the murder.

State police have charged 55-year-old Philip Scott Fournier, of East Millinocket, with murder.

Fournier, who was 19 at the time of the murder, was booked into the Penobscot County Jail at 1 p.m.

State police held a news conference in Bangor at 4 p.m.

Police say Joyce McLain was a well-liked student. They say Fournier knew McLain and her family.

At least two witnesses place Fournier near the track where McLain went jogging and near where her body was found.

Colonel Robert Williams, the chief of the state police, says more than anything, persistence led to this arrest.

"In 2008, Joyce's body was exhumed and taken to the medical examiner's office for reexamination," Williams said. "Since that time the State Police crime lab and a team of detectives from the major crimes unit ace worked closely with the Attorney General's office. They have comprehensively reviewed all the old and new evidence. And as a result of that have arrested Scott Fournier."
 

Col. Williams says he spoke with Joyce's mother, and says she is relieved by the arrest.

Fournier's criminal history includes convictions for possession of child pornography, burglary and theft.
  video at link
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« Reply #34 on: March 06, 2016, 09:45:37 AM »

Thank goodness for persistence! After more than 35 years!  Although there is nothing that can bring Joyce back, if the courts find Phillip Fournier guilty of murdering her, there should be justice served. 
 
 
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« Reply #35 on: June 22, 2016, 11:31:30 AM »

http://bangordailynews.com/2016/06/21/news/state/man-charged-in-death-of-joyce-mclain-pleads-not-guilty/

Man charged in death of Joyce McLain pleads not guilty

BANGOR, Maine — The East Millinocket man accused of slaying high school student Joyce McLain nearly 36 years ago and dumping her body by Schenck High School pleaded not guilty Tuesday at the Penobscot Judicial Center.

Philip Scott Fournier, 55, was arrested March 4 without incident at his home and charged with intentional or knowing murder and depraved indifference murder in the death of McLain, 16, on Aug. 8, 1980. He was indicted at the end of March by the Penobscot County grand jury on one count of murder.

In March, Superior Court Justice William Anderson ordered that Fournier be held without bail at the Penobscot County Jail.

Much of Tuesday was spent holding a bail hearing with Justice Ann Murray that included testimony by Fournier’s mother and stepfather and former pastor Vinal Thomas, who testified that in June 1989, Fournier confessed to killing McLain.

“All Scott said to you is: ‘I did it,’” Assistant Attorney General Lisa Marchese asked Fournier’s mother, Anita Powers.

“He said that first,” Powers responded. “I said, ‘What did you do?’”

“He told you, ‘I killed Joyce McLain,’” Marchese asked her.

“Yes,” Fournier’s mother said.

Murray continued the bail hearing at about 3:45 p.m. Tuesday, when defense attorney Jeffrey Silverstein said he would not be done by 4 p.m. The hearing will continue on July 18. 
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« Reply #36 on: July 18, 2016, 01:33:39 PM »



http://wabi.tv/2016/07/18/judge-to-rule-monday-afternoon-on-bail-for-phillip-fournier/

A bail hearing continued Monday in Penobscot County Supreme Court for Phillip Scott Fournier.
 
The 55-year old is accused of murdering 16-year old Joyce McLain of East Millinocket in August of 1980.
 
Fournier was arrested in March.
 
He pleaded not guilty to the crime last month in court.
 
That’s also when a probable cause hearing to determine whether he should be granted bail, started.
 
Peary testified a group of McLain’s family and friends began looking for her Saturday morning. Her father reported her missing to police that afternoon.
 
Silverstein asked Peary about the man who eventually found McLain’s body Sunday morning. According to Silverstein, he was alone when he made the discovery.
 
But the state pointed out that individual had discussed searching the so-called pole line area the night before with Joyce McLain’s father.
 
Peary also testified about objects found near McLain’s body including what he described as a “sizeable piece and partial pieces of an electric insulator.”
 
The autopsy report on McLain concluded she died from significant head injuries.
 
According to Peary, Fournier admitted to state police detectives that he used the insulator to hit McLain.
 
“And how did the defendant respond when Detective Peary asked him why he had told the officers that he had struck Joyce with the insulator?” Zainea asked Det. Peary in court.
 
“He responded- because I did hit her,” answered Peary.
  

The state argued to the judge Monday that there is “clear and convincing evidence” to keep Fournier behind bars. Zainea argued she has concerns about releasing Fournier into the custody of his parents, citing them as “key witnesses” to the state’s case.
 
Fournier’s attorney disputed that, pointing out that Wayne and Anida Powers have been witnesses since 1980 and they have never changed their statements to police. More importantly, says Silverstein, they both testified in court in June, so those statements are on record.
 
Silverstein is asking the judge for a “rational and reasonable” amount of $50,000 equity bail, stating his client has continued to live in the East Millinocket community with the exception of close to six years spent in a Virginia jail on a child pornography conviction, despite being a suspect in McLain’s murder.
 
Zainea argued Fournier may be considered a flight risk now that he’s officially charged with McLain’s murder.
 
The judge asked all parties to return at 2:30 p.m. for her ruling on probable cause for bail.
~~~~~~~~

  He'll run if it is granted.
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One who doesn't trust is never deceived...

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« Reply #37 on: July 19, 2016, 06:24:26 AM »

Judge says evidence against Joyce McLain murder suspect ‘not overwhelming’
http://bangordailynews.com/2016/07/18/news/penobscot/judge-says-evidence-against-joyce-mclain-murder-suspect-not-overwhelming/
 
Justice Ann Murray found at the end of the hearing, which began last month, there was probable cause for the murder charge filed against Philip Scott Fournier, 55, of East Millinocket.

Fournier was arrested without incident March 4, 2016, and since has been held without bail at the Penobscot County Jail.

Murray, who tentatively set a trial in January 2018, also set bail at $300,000 but did not specify if she required cash or property.

     If convicted of murder, Fournier faces between 25 years and life in prison. No death penalty in Maine 
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One who doesn't trust is never deceived...

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« Reply #38 on: January 22, 2018, 08:20:34 AM »

Updated: Mon 12:49 AM, Jan 22, 2018
http://www.wabi.tv/content/news/Trial-Begins-Tomorrow-For-A-Murder-That-Took-Place-Over-30-Years-Ago-470430653.html


Trial Set To Begin For A Murder That Took Place More Than 30 Years Ago


BANGOR, Maine (WABI) - The trial of a man charged will killing and East Millinocket teenager more than 30 years ago starts Monday in Bangor.

55-year-old Phillip Scott Fournier, who has pleaded not guilty, was arrested in March for the 1980 murder of 16-year-old Joyce McLain.

Joyce's body was found behind Schenck High School in 1980, badly beaten. At this time, no arrest was made.

After two days of testimony in 2016, the judge set bail at 300,000 dollars. 
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One who doesn't trust is never deceived...

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« Reply #39 on: February 06, 2018, 02:07:53 AM »

Closing Arguments Wrap Up in East Millinocket Murder Trial

http://www.wabi.tv/content/news/Closing-Arguments-Wrap-Up-in-East-Millinocket-Murder-Trial-472835003.html


Updated: Mon 11:52 PM, Feb 05, 2018
BANGOR, Maine (WABI) - Joyce McLain went out for a run in August of 1980 and never returned home. Her body was found a few days later behind Schenck High School.


Now, after an 11 day trial, the fate of the man accused of killing her lies in the hands of a Bangor judge.

"Mama, I know what I've done. I killed Joyce McLain."

This confession is the cornerstone of the State's case against Philip Fournier.

He's accused of killing 16-year-old Joyce McLain of East Millinocket more than 37 years ago.

"The lack of DNA tying this defendant, or anyone for that matter, to Joyce McLain's murder doesn't change what this defendant said to his mother."

In closing arguments, prosecutors claimed Fournier confessed to his pastor and parents in the 80's that he was responsible for McLain's murder.

Fournier was questioned many times through the years, giving conflicting reports to police, but according to prosecutors, he has never recanted those statements.

"You know, an easy guy to pick on. The guy with the brain injury. The guy who had made compromised statements in the past."

Fournier's lawyers argued the State has based their case on a small portion of a very complex, decades long investigation.

"And when you myopically focus on one individual, with the exclusion of 38 years of evidence, you leave a lot out... What the state has done is force a round peg into a square hole."

"They can't connect him to anything forensically. They can't connect him with eyewitnesses. They can't put him at the scene."

The Defense introduced several alternative suspects throughout the trial who they say might have been responsible for McLain's death.

But the State refuted those claims, pointing to evidence, proven alibis, and Fournier's knowledge of the crime scene.

"Did you have sex with her? No, because it was that time of the month. He knew that because he was there."

While the McLain family has spent years searching for justice for Joyce, the Defense says we may never know all the answers.

"Doubts will linger about this case regardless of what happens."

It's expected the judge will take several weeks to deliver a verdict.
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Brothers and Sisters, I bid you beware/Of giving your heart to a dog to tear  -- Rudyard Kipling

One who doesn't trust is never deceived...

'I remained too much inside my head and ended up losing my mind' -Edgar Allen Poe
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