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BY BETTY ADAMS
Staff Writer 05/23/2008

Staff Writer

A former Waterville man freed Wednesday night spent four months in jail before prosecutors dismissed the charges against him on the eve of his trial.

Frank Gonzales, 53, of Unity walked out of the Kennebec County jail after District Attorney Evert Fowle, concluding authorities couldn't prove the charges against him, filed a dismissal of all eight charges.

Gonzales was accused of violating a Jan. 11 protective order taken out by his wife; and of assaulting her, damaging her property and burglarizing her Waterville residence Jan. 12.

Gonzales was to be tried Thursday on the charges in Kennebec County Superior Court.

John Alsop, the lawyer hired several weeks ago to represent Gonzales, said his client had an alibi he said was proven by phone records provided to the district attorney's office.

Alsop said a lie detector test performed by Maine State Police Wednesday afternoon also indicated Gonzales was telling the truth when he pleaded not guilty to all charges.

Alsop said Gonzales initially was arrested Jan. 11 and charged with violating a protective order by calling his wife.

But Alsop said it was she who called him.

After Gonzales was released on bail, he was rearrested on Jan. 12 after his wife said he was in Waterville damaging her property.

"No way he could have been in Waterville, because he was in Unity using the phone," Alsop said.

Alsop said prosecutors agreed to dismiss all charges against Gonzales if he passed a lie detector test, which was administered Wednesday afternoon by Maine State Police.

Faced with phone records and some "inconsistencies regarding the timing of the event," and "the possibility that the perpetrator was not the defendant," Fowle said he was forced to drop all charges against Gonzales.

"We have concluded that the defendant may not have committed these crimes and that this case cannot be proven beyond a reasonable doubt," Fowle wrote in the dismissal that was filed with the court. "Under these circumstances, we have no alternative but to file an immediate dismissal."

Fowle said he called Justice Nancy Mills, the judge scheduled to hear the trial Wednesday, to get permission to release Gonzales.

Gonzales had two previous convictions on domestic assault charges: one in 2005 and one in 1999.

"I didn't want him to sit in jail for any further time," Fowle said. "In any criminal case, we are always open to evidence or information that test our belief. We followed up on all the evidence provided. It's our duty to look for evidence of guilt as well as innocence.

"There have been other cases that have unraveled on the eve of trial," he said.

Fowle said his office notified the woman about the release of her husband.

"Hopefully, Frank completely stays away from her," Fowle said. "We will do all we can to make sure she's safe and Frank's rights are protected, as well."

The couple is in the middle of divorce proceedings in Waterville District Court.

Betty Adams -- 621-5631

badams@centralmaine.com

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