Dark Downeast - The Murder of Jack Bevins, Part 2 (Maine)

Episode Date: November 29, 2021

OGUNQUIT, 1990: When York Police Detectives found the body of John “Jack” Bevins on his bathroom floor surrounded by blood and shell casings, it was obvious they were dealing with a homicide. But what unfolded from that April afternoon was a complex criminal case and a defense never-before seen at trial in the State of Maine.Are there exceptions to murder? That’s what the defense was prepared to argue for their client, the victim’s wife, Jacqueline Bevins.This is the Jack and Jackie Bevins Case, Part 2. View source material and photos for this episode at darkdowneast.com/bevins2Follow @darkdowneast on Instagram, Facebook, and TikTokTo suggest a case visit darkdowneast.com/submit-case Dark Downeast is an audiochuck and Kylie Media production hosted by Kylie Low.

When York police detectives found the body of John Jack Bevins on his bathroom floor surrounded by blood and shell casings, it was obvious they were dealing with a homicide. But what unfolded from that April afternoon in 1990 was a complex criminal case and a defense never before seen at trial in the state of Maine. Are there exceptions to murder? That's what the defense was prepared to argue for their client, the victim's wife, Jacqueline Bevins. Their own investigation into the life and marriage of Jackie and Jack painted a clear picture of why Jackie believed that pulling the trigger was her only option. If the end of this story leaves you feeling conflicted, that makes two of us.

I'm Kylie Lowe and this is The Jack and Jackie Bevins Case, Part 2, on Dark Down East. This series contains descriptions of domestic abuse and violence. Please listen with care. At the end of a tree-lined driveway, off a seaside dirt road just a gull's caw away from one of Maine's most picturesque lighthouses, detectives enrobed the home of Jack and Jackie Bevins with yellow crime scene tape. York Police Detective Kevin Leconte had just discovered the body of Jack Bevins in a pool of his own blood in the bathroom. The scene was teeming with police and crime scene technicians collecting every last one of the over a dozen shell casings littering the tile floor. According to the Biddeford Journal Tribune, it appeared that a struggle preceded the shooting, and before that, Jack might have been getting out of the bathtub as he was found nude. Detectives surveyed the rest of the Bevins' property and

noted that two trucks believed to belong to Jack and Jackie were parked in the driveway, but Jackie's signature 1989 black Cadillac DeVille was missing. Police issued an all-points bulletin for the car, which they had reason to believe was driven by Jackie's son Peter. The commotion at the Bevins' household got around town quickly. By the next morning, local newspapers printed comments from local business owners and those who had crossed paths with both Jack and Jackie. An employee at the Village Food Market told Biddeford Journal-Tribune, quote, two lives gone down the drain, unquote. Another said it wasn't just a tragedy for the Bevins family,

but for the community as a whole. Police hadn't yet made an arrest or even indicated a suspect at the time of those comments in the paper. Maine State Police spokesman Steve McCausland said only that they had an idea of what went on in the household and that they were dealing with a homicide. He also told the Journal Tribune that they'd made contact with Jackie Bevins on the night of the discovery, but did not let on to their suspicions surrounding the victim's wife until later that evening. On April 4th, 1990, almost exactly 24 hours after police responded to the anonymous call at the Bevan's home, police arrested 49-year-old Jacqueline G. Bevans on charges of murder. She'd been at Maine Medical Center, where she admitted herself for voluntary psychiatric treatment the night before.

They'd actually questioned Jackie the same day of Jack's murder, but kept an eye on her before finally placing the handcuffs around her wrists the next day. Now, when it comes to a homicide case, many of these specific details are kept quiet until the formal court proceedings to protect the defendant's right to a fair trial. However, the state police spokesman indicated that they had a good idea of the motive and the series of events that led to Jack's death. The marriage of Jack and Jackie would be put under a microscope, and state police indicated that several past incidents between Jack and Jackie were under review. State Police Sergeant Michael Harriman said that the police were checking on a, quote, altercation between Jack and Jackie from a few

years prior. And when pressed for more information, a Gunquit Police Chief William Hancock Jr. weighed in, revealing that Jackie had stabbed or attempted to stab Jack with a screwdriver. As quoted in the Biddeford Journal Tribune, I think she found her husband with another woman. End quote. Jack never pressed charges. It wasn't the first time anyone had heard about the infidelity that plagued the Bevins' marriage. Rumors were rich with salacious stories, and more than a few people speculated that Jack carried on with women both at home and in the Cayman Islands, where he apparently owned and operated a cement business. Reporter Emily Caldwell asked a fisherman about the accusations of Caribbean girlfriends, to which the fisherman replied, quote, chances are, end quote. While the state built

their case against their suspect in custody, Jackie awaited arraignment in the York County Jail. Documents obtained by the Biddeford Journal-Tribune alleged that Jacqueline Bevins fired at least six rounds into Jack's body. Other evidence suggested that she reloaded the.32 caliber revolver twice and just kept shooting, 15 shots total. These details, among others, were made public at Jackie's arraignment in York County Superior Court in Alfred. Photos in the Journal Tribune captured Jackie's distress as she entered the courthouse. She stumbled with the shackles around her ankles and tumbled to the stairs. Sheriff's deputies had to carry her to the top of the flight and remove the heavy hardware so she could walk more freely. Jackie cried openly during the proceedings. Her attorney, Mark Dunlap, entered a plea of not guilty and not responsible

by reason of insanity. She'd be held without bail until a hearing and a psychological evaluation, but bail for an accused killer would be a difficult sell for the defense. And at a subsequent hearing, one friend of Jackie's testified that if Jackie were to be released on bail, he'd have reason to fear for his life. Vincent Ignico had been the confidant of both Jack and Jackie at different points throughout their marriage. You'll remember from part one that Jackie allegedly made jokes about killing her husband to Vincent. Emily Caldwell for the Biddeford Journal Tribune reported on Vincent's testimony at the bail hearing. Vincent told the judge he was afraid for his own welfare should Jackie be granted bail. Quote, part of me has fear. I was a very close friend of

hers and she hasn't attempted to make contact with me. I don't know if Jackie has anger for me or love for me or guilt or remorse. End quote. But the judge also heard from Jackie's supporters, a rare event at a bail hearing. Friends of Jackie's testified to her character and that she wasn't a flight risk. Jackie's longtime physician, Dr. Peter Dragones of Boston, testified Jackie had said to him that she believed she should be punished for what she did. But despite this comment, Dr. Dragones also testified that this wasn't a situation of a violent criminal or an unpredictable sociopath. Quote, What happened was a very specific incident that had to deal with a situation of two people together.

End quote. Dr. Dragones was also asked directly if he felt Jackie was a danger to the community. He responded that he was 99.9% sure she wasn't a danger, but, quote, there's always that 0.1% we talk about, end quote. The decision on Jackie's bail was delayed as the court awaited results of her psychological evaluation, but whether that evaluation ever happened, I'm not sure. I can't find evidence of it. Perhaps it ultimately wasn't needed, because amidst the bail decision delays, Jacqueline Bevins hired a new attorney, and the new attorney had a new approach to the defense of his client. In June of 1990, Jackie Bevins finally made bail, and Jackie's new representation, Daniel Lilly, hinted in the Journal Tribune that their defense was founded on the treatment of Jackie by her now-deceased husband.

Quote, She has essentially fallen into the category of the by her now-deceased husband. Quote, she has essentially fallen into the category of the battered wife. End quote. He planned to present expert testimony that demonstrated the scope of the situation Jackie was in and the effects of abuse by her spouse. It would be a unique strategy for the defense. Until that point, the quote battered wife defense had not been used in a murder trial in the state of Maine. In fact, it was a rare kind of defense in the United States, and it would take months to develop evidence, testimony, and concrete proof that when Jackie pulled the trigger, it was what she believed to be the unavoidable end to a long abusive relationship.

Jackie was released on bail and moved in with a friend at an undisclosed location. It's reported that Jackie was also even offered a job during this time. The defense had a job of their own. For nearly 14 months, attorney Daniel Lilly would dig deep into the case and assemble a team of psychological experts, a private investigator, and a witness list to support their defense with expert testimony at trial. The defense team for Jacqueline Bevins was comprised of her new attorney Daniel Lilly, Mary Davis Attorney at Law, paralegal Robin McDonald, several experts including forensic psychiatrists and psychologists, and private investigator Joseph D. Thornton. Thornton wrote

about Jackie's case in a paper called Battered Woman Syndrome, The Self-Defense Theory in Homicide, which is published on his website and linked in the show notes at darkdowneast.com. I referenced this paper in part one of this two-part story. It is a comprehensive look at what went into defending Jackie Bevins. Through the work of Thornton and the defense team, they learned about the alleged murder-for-hire plot against Jackie by Jack, and they turned up his possible connections to organized crime. Of course, they also had the concentrated time to talk to Jackie about the depths of her marital challenges. It was an open secret that the husband

and wife fought, but how bad was it really? What else went on that Jackie wasn't vocal about, couldn't be vocal about? She shared with the team her diary, and on its pages were the details of an alleged abuse-filled marriage that drove Jackie to what she felt was her only way out. The forensic psychologists and psychiatrists, after hours of evaluations with Jackie, determined that she was suffering from a form of post-traumatic stress disorder, called then battered woman syndrome. This became the basis of her defense. Battered woman syndrome, now sometimes called battered person syndrome to reflect all genders who experience it, was researched and proposed as a psychological concept in 1979 by Lenore E. Walker. You might

recognize her name if you've been following Kim Kardashian's foray into the legal world. Kim featured Dr. Walker on her Oxygen original series, The Justice Project. But even more so, Dr. Walker is also known as the founder of the Domestic Violence Institute, which serves to educate, train, and promote change as it relates to issues of domestic violence. Her research found that living in a domestic violence family can produce certain psychological effects. In the fourth edition of Dr. Walker's book, The Battered Woman Syndrome, BWS is identified with seven factors. Re-experiencing the trauma events intrusively, high levels of arousal and anxiety, high levels of avoidance and numbing emotions, cognitive difficulties,

disruption in interpersonal relationships, physical health and body image problems, and sexual and intimacy issues. BWS can trigger a whole host of psychological, emotional, and physical symptoms. Among them, one of the most challenging is what's referred to as, quote, learned helplessness, a state of deep depression and defeated feelings. This can leave the victim feeling fearful and unable to leave or escape their abuser. Claiming the battered woman defense, as it was referred to at the time of Jackie's trial, means the defendant claims that the killing of their abuser was self-defense, justified in the eyes of the law for committing the murder. The defendant could be considered not morally culpable because the act was appropriate for the circumstances.

But to successfully demonstrate BWS in the defense of Jackie or any person who kills their abuser, they must prove that their actions met the stringent legal standards for self-defense. This is the challenging part because, typically, the standards of self-defense require evidence of an imminent attack or threat, and the Self-Defense Act must match that level of threat. But in many cases of people killing their abusers and claiming self-defense, the actual killing does not take place in a time of imminent threat. Jack was believed to be getting out of the bathtub when Jackie shot him? Could it still be self-defense? That is what the defense team was tasked with presenting to a jury.

The murder trial of Jacqueline Bevins began in October of 1991. The prosecution opened their case with the much-debated motive behind Jackie's killing of her husband Jack. According to the state, Jackie was provoked and exploded with her lethal act when she learned that Jack was moving his 26-year-old girlfriend into an apartment in Agunquit. According to the state's case, jealousy-fueled fury put Jackie's finger on the trigger, and she fired 15 shots into her husband, reloading the gun twice. The defense? They had no plans to deny that Jackie killed Jack. Daniel Lilly opened the defense of accused killer Jacqueline Bevan, saying, quote, there's not an issue with regard to the fact that my client killed her husband. That she's done. But that does not a conviction make. There are exceptions. End quote. Those exceptions, according to the defense, included abuse resulting in battered woman syndrome.

In his opening statement, Lilly outlined the extremes of Jack's violence towards Jackie, as well as his infidelity, alleging over 135 affairs over the course of their 23-year marriage. Jackie documented what she faced at the hands of her husband inside her diary, and the contents would be revealed for the jury to consider when weighing the guilt or innocence of the defendant. The defense was specific in their aim to justify their client's actions as self-defense. The long list of violent acts that the defense said Jack committed against Jackie is troubling. It's triggering and difficult to read and hear. I will not be repeating it here, but it is included in the source material for this episode

at darkdowneast.com. In summary, the defense was able to corroborate multiple instances of violence that Jackie wrote about in her diary, and they encompassed all forms of physical, emotional, sexual, and psychological abuse. Jack's son testified as witness to at least one instance of physical violence when he saw Jack throw a toaster at Jackie. Jackie's son testified that he watched one day as his stepdad came after his mother with a fire poker. A member of the waitstaff at Jackie's restaurant testified that she had carried on a long affair with Jack, speaking to the evidence of his infidelity. The defense pointed to that affair, and other instances of Jack's philandering, that had not ended in his murder. They wanted to negate the prosecution's theory that the motive

was Jackie's anger over Jack supposedly moving a girlfriend to an apartment in a gun quit. He'd stepped out on their marriage before, and Jackie hadn't shot him then. This time was different, not because it was an isolated incident that upset Jackie, but because it was the culmination of a long history of abuse in all forms. One element that the state leaned into was what could have been categorized as excessive use of force or overkill. 15 gunshots, reloading the gun twice. The defense hoped to develop doubt in the jury's mind. That many shots was actually expected in a display of self-defense, they said. According to the writings of defense investigator Joseph Thornton,

We were told that the number of shots was not inconsistent with the release of anger which accompanies such a reaction in self-defense. Indeed, had she been defending herself with any other weapon, such as a knife or blunt object, multiple blows beyond the number which Key to the defense was the expert testimony of psychiatrists and psychologists who, after hours of consultations and meetings with Jackie, delivered the diagnosis of battered woman syndrome. They explained to the jury how the syndrome manifests, how it impacted Jackie's sudden decision to shoot Jack that day. The testimony for the defense was extensive. The defense hoped that it was enough to convince the jury that

this wasn't a cold-blooded murder, but rather Jackie's only way out. The jury began their deliberations at 2.35 p.m. on October 30, 1991. Four hours later, they returned with their decision. On the charge of murder for Jacqueline Bevins, not guilty. Jackie, her attorney, family and friends present in the courtroom shouted with celebration at the jury's decision. Jackie sobbed, and her counsel repeated as she cried, it's all over.

Though she and her defense team did not deny that Jackie killed Jack Bevins, the jury found her not criminally responsible for his death. Jackie was an admitted killer, but not a convicted one. Jackie Bevins was free. Following Jacqueline Bevins' acquittal, she fell back into step with her life before Jack's killing. The restaurant she was best known for had stayed open throughout the trial proceedings, and she got right back to work. Jackie's, too, remains open, with its spectacular views and delicious seafood to this day. Post-trial, Jackie also volunteered in the community. According to the Bangor Daily News, she brought magazines to prisoners at York County Jail and served hot dogs to the children at the annual Christmas tree lighting in town. However, the shadow of the entire experience did not leave Jackie completely

unscathed. There was the private trauma she endured, and in public, the whispers that followed her. In a piece by Washington Post writer Pamela Ferdin, a Gunquit selectman Karen Maxwell said, She knows better than anybody that there was more talk behind her back than to her face. That's gotta be a hard life to lead. Jackie spoke to her own experience in the Portland Press-Herald, describing the nights she lay awake reliving what happened, what she did in that bathroom, wondering if she could have avoided it. She said that she felt isolated, quote, doing my own form of punishment. Though the people may wonder, Jackie reminded them that they didn't live my life. They didn't live those 23 years, end quote. But despite the private challenges

with the reality of what she did and the public's opinion of what she did, Jacqueline Bevins did not retreat into her shell or relocate to save herself the downcast gazes and remarks of the public. In fact, Jackie did quite the opposite. In 1999, Jackie pursued a position on the Agunquit Board of Selectmen, continuing her passion for serving the community she loved. Jackie was one of five candidates for the Selectmen seat. Her candidacy for the position drew attention to the race for sure. But those who knew Jackie before and after she shot Jack insisted that her generosity, as well as genuine care for the town in which she lived and worked, made her a great person for the job. Richard Perkins, a friend of Jackie's, told the Washington Post, quote, She's very interested in the welfare of the town and its betterment,

so even if she was Lizzie Borden, she would still get in, end quote. Exactly nine years after she killed her husband, nine years to the day, Jackie Bevins was elected to the Board of Selectmen in Agunquit, And she was re-elected for another term in 2001. I sit here feeling conflicted at the end of this case. The facts are this. Jack Bevins was a father, he was a son, he was a friend, and his life ended at the hands of another human. I don't insert my opinion into any of these discussions, not intentionally anyway, except for one view that I think we share. The loss of human life by the hands of another is

tragic, and something no family or friend or loved one should ever have to endure. Then there's another belief that I hold tightly. We must believe women. We will never know the intricacies of what Jackie Bevins endured or how her own life may have been threatened in her relationship with her husband. If Jackie did not kill Jack in April 1990, would I be telling a different story here? It's something I've been thinking a lot about. The battered woman syndrome, or the battered person syndrome

as it's now referred to, is used with varying success in similar cases across the country. It is important to acknowledge the role of privilege and access in this case too, and how that may have impacted the outcome. Jackie was a white woman of means, with an expensive defense team who could fully explore and develop the successful defense of their client. There are a number of examples of cases of women, even young girls, who kill their abusers to escape violence or trafficking and other horrors, and yet their outcome looks different than Jackie's. Cyntoia Brown comes to mind. She was 14 years old when she killed a man who solicited her for sex. She was sentenced to life in prison and served 15 years before she ultimately received clemency. According to statistics by the

American Civil Liberties Union, on average, women receive harsher sentences for killing their male partners than men receive for killing their female partners, despite the fact that most women who kill their partners do so to protect themselves from violence initiated by those partners. In 2010, Executive Director of New Hope for Women told Abigail Curtis for the Bangor Daily News that when victims of abuse kill their abusers, as in the case of Jackie Bevins, it sits heavily with advocates.

Quote, Taking a life is not something that sits easily with anyone. You spend a lot of time doing soul searching, wondering what we could have done differently, what we could have done better, if we could have intervened and helped in some way. It's a recognition that we've failed someone. End quote. Domestic violence is a problem in the state of Maine. In a 20-year study of homicide cases in Maine, domestic homicides account for 43% of all homicides in the state. If you need help in Maine

or anywhere in the United States, you can call the National Domestic Violence Hotline [phone]. Thank you for listening to Dark Down East. Source material for this case and others is listed at darkdowneast.com. Follow along on Instagram at darkdowneast. And don't forget to send me an email if you have a case in your hometown that deserves coverage. Email me at hello at darkdowneast.com. Now through the end of 2021, I'll be sharing information about missing and unidentified persons in New England.

It is my goal to bring attention to these cases in hopes of bringing these humans home to the people who love and miss them. According to the Maine State Police listing for this case, 47-year-old Russell Burnett was reported missing to the Hancock County Sheriff's Department on February 23, 2017. He was last seen on or about February 21, 2017, in the vicinity of his residence located at 323 Eastbrook Road in Franklin, Maine. He was on foot and accompanied by his dog. A search of the property and residence has been conducted. Anyone with information regarding Burnett's possible whereabouts is encouraged to contact the Maine State Police at 207-624-7076. This information and photos are listed at darkdowneast.com slash missing. Thank you for supporting this show and allowing me to do what I do.

I'm honored to use this platform for the families and friends who have lost their loved ones, and for those who are still searching for answers in cold missing persons and murder cases. I'm not about to let their names or their stories get lost with time. I'm Kylie Lowe, and this is Dark Down East.