Zane Maxim On Facebook

The Maine Supreme Judicial Court imposed a one-year suspension with actual service of one-month for an attorney’s domestic violence and violation of court orders.

The attorney was admitted in 1994 and has no prior discipline.

He was reported by an Assistant District Attorney

By his filing of December 11, 2013, Assistant District Attorney (ADA) Andrew Matulis formally complained to Bar Counsel that Attorney Cohen had been charged by criminal complaint in the Wiscasset District Court with having committed Domestic Violence Assault (Class D) upon a family or household member (his now-former spouse), Beth Cohen, on November 15, 2013.

He pleaded guilty to charges other than domestic violence and sentence was deferred but the conduct persisted

A contested testimonial hearing was held on October 3, 2014 before Justice Roland Cole on the State’s Motion to Terminate Deferment and Impose Sentence. By a preponderance of the evidence, Justice Cole found that Attorney Cohen had committed new criminal conduct, Domestic Violence Assault, in violation of the conditions of deferment, and continued the matter to October 15, 2014 for sentencing.

A short jail sentenced was imposed.

On the violation of court orders

Between November 19, 2013 and December 4, 2013, Attorney Cohen violated the conditions of his release on multiple occasions, by having direct, and/or indirect, contact with Beth Cohen. Over the period of approximately two weeks, Attorney Cohen sent, or exchanged, approximately 100 text messages with Beth Cohen in direct violation of his court-ordered bail conditions…

 Between March 28, 2014 and July 11, 2014, on numerous occasions, Attorney Cohen violated the specific conditions of those amended bail bonds by having direct and indirect contact with Beth Cohen, including: telephonic communication; electronic text messaging; email communication; and direct “face to face” contact. 

During the time period between March 28, 2014 and July 11, 2014, Attorney Cohen used an alias, “Zane Maxim,” on a “Facebook” account created by Beth Cohen under that alias, so that he could communicate more easily with Beth Cohen through the “Facebook” messaging system.

Through his conversations with Beth Cohen, Attorney Cohen was aware that she had decided to use the money she received from the separation agreement to move out of the country and purchase a residence in Costa Rica. Attorney Cohen informed Beth Cohen that he opposed this decision.

After Beth Cohen left the United States for Costa Rica, Attorney Cohen and Beth Cohen continued to have mutual contact by telephone, email, and other electronic means.

After Beth Cohen left the United States, and at her request, Attorney Cohen assisted Beth Cohen with personal and property issues that arose as the result of her move to Costa Rica.

On two occasions between March 28, 2014 and July 11, 2014, Attorney Cohen left the United States and visited with Beth Cohen at her new residence in Costa Rica at her request.

On one occasion between March 28, 2014 and July 11, 2014, Attorney Cohen purchased airline tickets for Beth Cohen and her daughter to travel from Costa Rica to the United States at her request, and he had personal contact with Beth Cohen when she returned to the United States.

After he pleaded guilty to release violations

Late in the evening of July 12th [2014] , or during the early morning hours of July 13th, Attorney Cohen got into a physical altercation with Beth Cohen, resulting in allegations of new criminal conduct, specifically Domestic Violence Assault, Obstructing Report of a Crime and Violation of Condition of Release.

As a result of Attorney Cohen’s alleged assault on Beth Cohen, the State moved to terminate Attorney Cohen’s deferred disposition, and to have sentence imposed on the underlying criminal charges.

 The State’s Motion for Termination of the Deferred Disposition was heard before Justice Cole on October 3, 2014. At that hearing, Justice Cole found by a preponderance of the evidence that Attorney Cohen had committed new criminal conduct, Domestic Violence Assault, in violation of his deferred disposition agreement.

On October 15, 2014, Justice Cole sentenced Attorney Cohen to 30 days of incarceration on the Violation of Condition of Release conviction, with a $1,000.00 fine, and 28 days of incarceration on the Disorderly Conduct conviction, with an additional $1,000.00 fine. 

The court found that the attorney violations Rules 3.4(c) and 8.4(b).

The Bangor Daily News reported on the disciplinary case and called him a “well known” attorney who had handled high-profile murder cases.

According to a report by Detective Robert M. McFetridge of the Lincoln County Sheriff’s Office, the victim, the victim’s sister and the victim’s 11-year-old niece told him that Cohen assaulted the victim the night of July 12.

At one point, McFetridge wrote, he was told that during the fight, the victim called 911 from Cohen’s phone, but he hung up when it was answered and then shut it off when the emergency dispatcher called back. Phone records confirmed the calls, McFetridge wrote.

The victim’s sister told McFetridge that the victim told her that Cohen “had tried to pry [the victim’s] mouth open and place his fist in [the victim’s] mouth. … [The sister] expressed her frustration that Mr. Cohen seemed to be able to violate the law and not be held accountable,” according to the detective’s report.

The sister said Cohen had traveled outside the country twice to the victim’s home, in violation of bail conditions, to see the victim, and that on the second visit, he “broke all of the doors in her house and assaulted [the victim] with a frying pan.”

Cohen’s attorney, Walter McKee, said Wednesday that his client “denies each and every one of the allegations.”

Asked if Cohen denies going to the Jefferson camp the night of July 12, McKee said he could not discuss specific details of the case…

The case has proved complicated for the state to prosecute because Cohen, who practices at Cohen & Cohen in Waldoboro and has represented several high-profile clients such as convicted murderers Todd Gilday and Guy E. Hunnewell, is well-known to district attorneys and judges throughout the state.

Lincoln County District Attorney Geoffrey Rushlau told the BDN that he recognized when Cohen was first arrested that the case would present a conflict of interest for his office.

The Maine attorney general typically tries cases if a conflict of interest exists, according to Rushlau, but that was impossible because Cohen has represented several high-profile homicide suspects in cases prosecuted by the state attorney general’s staff.

As a result, although the initial assault took place in Waldoboro, in Lincoln County, Cohen’s case has been prosecuted in Kennebec County by Matulis, an assistant district attorney in Androscoggin County, and heard by Cole, who presides in Cumberland County.

 (Mike Frisch)