The following facts are undisputed. In the early hours of July 17, 2011, Kepner entered the home of his adult neighbor through a screened bedroom window and, without her express or implied consent, touched and penetrated her genitals with his hand. During the encounter, Kepner told the victim “I’m not going to hurt you” and “you’ll like this,” and then instructed her to engage in oral sex. At that point, the victim tried to escape by asking to go to the bathroom. Feigning disorientation, she moved toward the door, but Kepner said “no, not that way,” grasped her arm, and steered her toward the bathroom. She retreated into the bathroom and locked the door behind her. About a half hour later, the victim unlocked the door and, finding Kepner gone, fled her home and went to a neighbor’s house to call the police. Within an hour, a Maine State Police trooper interviewed Kepner and took a DNA swab of his hands. Subsequent processing revealed the victim’s DNA on Kepner’s hands, and Kepner was arrested on July 22, 2011.
In October 2011, Kepner was charged with burglary (Class B), 17-A M.R.S. § 401(1)(B)(4) (2012), aggravated criminal trespass (Class C), 17-A M.R.S. § 402-A(1)(A) (2012), and unlawful sexual contact (Class C), 17-A M.R.S. § 255-A(1)(B) (2012). Kepner waived indictment and pleaded not guilty to all three charges. Several months later, on Kepner’s motion, the court ordered a mental evaluation pursuant to 15 M.R.S. § 101-D(2) (2012).
Judge(s): Ellen Gorman
Jurisdiction: Maine Supreme Court
|Supreme Court Judge(s)|
|Trial Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Carletta Bassano||Office of the Maine District Attorney Prosecutorial District Seven|
|Mary Kellett||Office of the Maine District Attorney Prosecutorial District Seven|