State of Maine v. Eric Bard

[¶ 1] During the pendency of criminal proceedings against Eric Bard, and while Bard's competency to stand trial was under consideration and his motion to dismiss all charges on the basis of alleged prosecutorial misconduct was pending before the court, the trial court (Kennebec County, Marden, J. ) held an ex parte conference with the prosecutor to address the alleged prosecutorial misconduct. Defense counsel was not notified of that conference and did not consent to the ex parte communication. After further proceedings, the same jurist found Bard competent to stand trial, denied the motion…