Eliot Cutler faces three years in jail for alleged probation violations
After four porn-related charges in five months, former gubernatorial candidate transferred to Hancock County Jail for next court hearing
District Court Judge Terence Harrigan declined to rule on Hancock County District Attorney Bob Granger’s motions to revoke Cutler’s bail and probation during the brief hearing on Feb. 25. Cutler’s probation officer Sam Payson, left, sits next to Granger in the courtroom. Cutler’s next court appearance is likely to be in April or May. He appeared at the Feb. 25 hearing via video. Photo by Tricia Thomas.
March 2, 2026
By Tricia Thomas
ELLSWORTH—Former two-time gubernatorial candidate Eliot Cutler has been transferred from Portland to the Hancock County Jail while he awaits a hearing on charges that he violated conditions of his probation for a fourth time in five months.
Hancock County District Attorney Bob Granger and Cutler’s probation officer want Cutler’s bail and probation revoked so that he’ll stay in jail and serve another 39 months for the alleged violations.
District Court Judge Terence Harrigan declined to rule on Granger’s motions to revoke Cutler’s bail and probation during the brief hearing in unified criminal court on Feb. 25. Another hearing on the matter has been scheduled for Apr. 8. In the interim, Cutler will continue to be held.
Cutler, dressed in a yellow prison jumpsuit, participated in the hearing by Zoom from the Cumberland County Jail in Portland, where he has been held since a Feb. 9 arrest at a South Portland hotel.
“We’re aware of these motions and will be entering denials,” Walter McKee, Cutler’s attorney, told the court. Aside from answering “no, sir” when asked by the judge if he had any questions, Cutler was attentive but silent during the hearing, which took less than five minutes.
Cutler, of Brooklin, was convicted in 2023 of possessing child pornography following an arrest in Hancock County a year earlier. He was sentenced to nine months in jail and six years of probation, but was released for good behavior in January 2024 after serving seven months.
According to court documents, Cutler, 79, was charged last October with violating his probation for allegedly using an unmonitored electronic device to access pornographic materials in September and October, and for allegedly failing to notify his probation officer that he had done so. Cutler posted $1,000 bail and was released on Dec. 16.
“Mr. Cutler has demonstrated that he has no intent of following his ordered conditions and is simply searching for ways to circumvent them. It is obvious that he does not intend to take advantage of probation and treatment, therefore probation will not be a benefit.”
In January, the retired attorney, who unsuccessfully ran for governor of Maine in 2010 and 2014, was charged with violating his probation a second time by allegedly accessing pornographic materials in Brooklin in December and January. Cutler was released from jail to his wife on Jan. 14 after posting $10,000 in bail and agreeing to stricter terms for his continued probation, including attendance at court-mandated “problematic specialized treatment” counseling sessions.
Less than a month later, on Feb. 9, Cutler was arrested at a South Portland hotel for alleged possession of pornographic DVDs. According to the police report, Cutler told state police, who were at the hotel on other business when they came upon him, that he “can’t help himself,” and that he has “had this problem for 65 years.” Cutler was jailed in Cumberland County on $50,000 cash bail following that arrest. He has not posted bail, and has been held there since.
On February 20, Granger and Cutler’s probation officer, Sam Payson, asked the court to convert Cutler’s remaining 39-month probation to jail time “for the protection of the community” after an alleged fourth probation violation. This time, Cutler was charged with violating probation because he has been “unsatisfactorily discharged” from his court-mandated counseling sessions due to a failure to show up for them. Cutler was a no-show at those sessions because he was being held in Cumberland County Jail.
“This is Mr. Cutler’s 4th violation of his probation conditions in a relatively short timeframe all of which are due to his inability to refrain from pornography and participate in court ordered PSB [Problematic Sexual Behavior] treatment,” Payson said in court documents supporting the motion. “Mr. Cutler has demonstrated that he has no intent of following his ordered conditions and is simply searching for ways to circumvent them. It is obvious that he does not intend to take advantage of probation and treatment, therefore probation will not be a benefit.”
Granger said in an interview following the February 25 hearing that Cutler’s own actions—specifically his inability to stay away from porn—led to his dismissal from the treatment program.
“Arguably, [Cutler] made a decision to not participate by engaging in conduct where [he] couldn’t be available,” Granger said.
McKee, of McKee Morgan Attorneys in Augusta, said in a telephone interview on Feb. 27 that Cutler had begun counseling as ordered, and would have continued had he not been in jail.
“The latest motion says that he should be revoked because he didn’t attend counseling. I don’t think that will go very far.” McKee said. “It’s hard to comply with conditions, that are affirmative conditions, when you’re in jail.”
McKee said Cutler is being moved to Hancock County because most of the state’s charges against his client are based here.
“It just makes sense, given that the primary prosecution has always been in Hancock County,” he said.
McKee declined a request to interview Cutler, and said that his client would not be making any public comments about the state’s case against him.
Both Granger and Judge Harrigan said that the Apr. 8 hearing date was scheduled only as “a placeholder,” and would likely be postponed to a later date in May to give both attorneys time to line up witnesses.
“They’ve given us five dates in May, and Walt [McKee] and I are trying to find out what availability our witnesses have, because we’ve got computer crimes people, we’ve got agents involved from the Portland arrest. So, we’re trying to find a common date when everyone can appear.”
