BARTOLO P. FORD
STATE OF MAINE
Argued: February 4, 2019
Bobrow, Esq. (orally), Bedard & Bobrow, PC, Eliot, for
appellant Bartolo P. Ford
S. Robinson, District Attorney, Patricia Reynolds Regan,
Asst. Dist. Atty., and Patricia A. Mador, Asst. Dist. Atty.
(orally), Office of the District Attorney, Lewiston, for
appellee State of Maine
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and
Bartolo P. Ford appeals from a judgment of the Superior Court
(Androscoggin County, Marden, J.) denying in part
and granting in part his petition for post-conviction review.
Ford argues that the court erred by denying his requested
relief concerning his felony convictions despite its
determination that he had established that his trial counsel
was ineffective. We vacate the court's judgment and
In 2011, Ford filed a petition for post-conviction review
alleging ineffective assistance of counsel on multiple
grounds. In its judgment granting in part and denying in part
Ford's petition, the court made the following findings of
fact, all of which are supported by competent evidence in the
record. See Middleton v. State, 2015 ME 164, ¶
2, 129 A.3d 962.
In 2008, Ford was indicted on one count of aggravated
attempted murder (Class A), 17-A M.R.S. § 152-A(1)(F)
(2018), two counts of aggravated criminal mischief (Class C),
17-A M.R.S. § 8O5(1)(C) (2018), two counts of reckless
conduct with a dangerous weapon (Class C), 17-A M.R.S.
§§ 211(1), 1252(4) (2018), one count of eluding an
officer (Class C), 29-A M.R.S. § 2414(3) (2018), and one
count of theft by unauthorized taking or transfer (Class E),
17-AM.R.S. §353(1)(A)(2018). Following a three-day jury
trial in 2010, Ford was convicted on all counts and the trial
court [Marden, /.) sentenced him to twenty
years' imprisonment, with all but nine years suspended,
followed by six years' probation.
We have previously summarized the facts leading to Ford's
conviction and the pertinent testimony from his trial:
On the evening of September 15, 2008, Ford led the Auburn
police department on a high-speed chase. The chase began when
Ford sped off after a police officer, suspecting that the
concrete well tiles in the bed of Ford's truck had been
stolen, approached the vehicle and questioned him. It ended
when Ford crashed his F-550 dump truck into a stream.
During the chase, Ford repeatedly used his truck to ram the
pursuing police cruisers. Two cruisers sustained serious
damage, and one officer narrowly escaped being struck by
Ford's dump truck by scrambling up an embankment moments
before Ford drove his truck into the officer's cruiser.
When he refused to stop, Ford was fired upon by an Auburn
police officer; the bullet hit and shattered Ford's hip.
Ford ultimately surrendered to a Maine State Police trooper
after crashing his dump truck into a small stream. He was
wet, disheveled, and had blood running down his leg.
Ford argued that he suffered from a mental abnormality as
defined by 17-A M.R.S. § 38 (2012). As evidence of his
condition, he point[ed] to post-traumatic stress disorder,
which he attribute[d] to trauma suffered in the military
during Operation Desert Storm, and injuries sustained in a
car accident. Ford also argued that the prescription
medications he consumes to treat his PTSD contributed to his
mental abnormality. Much of this evidence was presented
through expert testimony. Dr. John Dorn, a psychiatrist,
concluded that Ford was "attacking the enemy as he saw
it" because his PTSD caused him to react to the stimuli
of flashing lights and sirens. Dr. Dorn determined that the
combination of the drugs Ford took that day, his concussion
from the car accident, and his PTSD triggered a flashback
state that could have lasted for several hours.
Dr. Carlyle Voss, also a psychiatrist, testified for the
State that some of Ford's reports made his defense of
abnormal condition of the mind plausible, but that he also
believed Ford was exaggerating. Ultimately, Dr. Voss
concluded that Ford was ...