Eliot Cutler is stuck in a catch-22.
His probation conditions require him to get treatment for “problematic sexual behavior.” He can’t get that treatment because he’s being held in jail without bail. And he’s in custody because he allegedly told a police officer he “can’t help himself” after being found with pornographic DVDs.
That situation was spelled out Wednesday as prosecutors and his probation officer continued to ask a judge to revoke Cutler’s probation, citing several allegations that the disgraced two-time gubernatorial candidate has violated the terms of his release.
Cutler denied those allegations in a virtual appearance at Hancock County Superior Court on Wednesday morning. He has also denied three previous alleged violations in recent months.
Cutler was arrested earlier this month after Maine State Police happened to run into him at a hotel in South Portland. According to court paperwork, Cutler was in possession of a trove of pornographic DVDs — which he is banned from having as part of newer, more stringent bail conditions — and broke down in tears when officers confronted him.
“Mr. Cutler has demonstrated that he has no intent of following his ordered conditions and is simply searching for ways to circumvent them,” his probation officer, Sam Payson, wrote in a report after the arrest. “It is obvious that he does not intend to take advantage of probation and treatment, and therefore probation will not be a benefit.”
Payson asked a judge to revoke Cutler’s probation and jail him for 39 months, “for the protection of the community.”
Cutler was taken to the Cumberland County Jail, where he has been held since. While there, he has been unable to participate in his court-ordered treatment for “specialized problematic sexual behavior.” That prompted the state to file a fourth motion to revoke his bail.
Hancock County District Attorney Robert Granger argued that Cutler “created the circumstances that resulted in his inability to attend” his treatment.
“In other words, the State’s Motion is premised on the notion that his alleged conduct which prevents attendance at the program was the direct result of his own conscious decisions to not comply with probation and bail,” Granger wrote in an email Wednesday.
A judge did not rule Wednesday on the newest motion to revoke Cutler’s bail. Cutler is tentatively scheduled to appear next in court on April 8, but Granger said both sides are exploring other dates to ensure all relevant witnesses can be available.
For now, Cutler will remain in custody on the allegations from his South Portland arrest. His attorney, Walter McKee, said Wednesday his client is expected to be transferred back to the Hancock County Jail soon.
Cutler was convicted in 2023 for possessing thousands of sexually explicit images of children and sentenced to nine months in jail and six years of probation. He was released from jail two months before his scheduled release date because of “good behavior.”
Cutler has been accused of violating his release conditions multiple times since then, and his probation officer has motioned several times for his probation to be revoked.
In September, he was accused of violating his probation by allegedly seeking an escort online. He denied those allegations months later, and a Hancock County judge ordered him to pay $1,000 in bail to stay out of custody.
After paying that bail, he allegedly violated those bail conditions in December and January. He turned himself in to the Hancock County Jail and was released after posting $10,000 cash bail.
Staff Writer Morgan Womack contributed to this story.
