On Tuesday, the Maine supreme court discussed whether a recent U.S. Supreme Court decision in a Colorado case would impact Maine’s stalking law. This relates to an appeal by Jacob Labbe, who was convicted of stalking and violating a protective order.
Earlier, the court heard arguments in May, but now, after the Colorado decision, both sides returned to figure out if and how it affects Labbe’s case.
The Colorado decision was about free speech rights, stating that the state courts used the wrong test to decide if the defendant’s speech was a “true threat.”
Labbe’s lawyer, Verne Paradie, argued that Labbe didn’t make threats and said that if the court doesn’t use the new Colorado test, Labbe would have less protection than he should under the law. He pointed out that people who genuinely threaten others would get more protection than Labbe, who only wanted to get his clothes, see his son, and make nonthreatening comments.
However, Assistant Attorney General Katherine Hudson-MacRae argued that the Colorado case doesn’t apply to Labbe’s situation. She explained that Labbe was prosecuted for his actions, not just what he said. Despite the victim asking him to stop and a protection order in place, Labbe continued to communicate with her, leading to the charges against him.
