Eliot Cutler denied bail on probation violations
Brooklin resident faces three-plus years in prison
Walter McKee, Eliot Cutler’s attorney, requested at a hearing in Hancock County on April 8 that his client be released on bail and allowed to return to his home in Brooklin. Cutler appeared at the April 8 hearing via video; his next hearing is tentatively scheduled for mid-May. Photo by Tricia Thomas.
April 14, 2026
By Tricia Thomas
ELLSWORTH—Eliot Cutler, the two-time gubernatorial candidate convicted of possession of child pornography in 2023, will remain held without bail at the Hancock County Jail while he awaits a hearing on charges that he violated conditions of his probation four times in five months. Cutler has been jailed since February 9, when he was arrested in South Portland and charged with the third of four pornography-related probation violations since last fall.
Cutler’s attorney, Walter McKee, requested at a hearing in Hancock County on April 8 that his 79-year-old client be released on bail and allowed to return, on house arrest, to his coastal home in Brooklin. McKee cited Cutler’s age, health issues including an unspecified “heart condition,” and the nature of the charges against him as reasons why his client should be released.
“He’s served 60 days in jail on this already, and I think that’s important, your honor, especially when we’re dealing with non-criminal offenses that are attributable as bail violations,” McKee told Superior Court Justice Patrick Larson during the April 8 hearing. “I’m not saying these are not serious. Obviously, they are violations of conditions as alleged, but I think they have to be looked at in the context of the full case, and having served 60 days in jail without any bail whatsoever, we thought it was appropriate to come before the court today and ask that he be released.”
“The release request is very specific, your honor. It’s for home detention,” McKee continued, “The only exceptions would be for legal, medical, to see [his probation officer], of course, maybe to be able to at least walk around the area of his house, actually get out into the air, but nowhere else at all.”
McKee also asked Larson to set a “modest” cash bail of “less than the $10,000 that was set the last time,” referring to bail set by Superior Court Justice Harold Stewart on January 14 on Cutler’s second probation violation.
Hancock County District Attorney Bob Granger argued against Cutler’s release, telling Hancock County Superior Court Judge Patrick Larson that Cutler repeatedly violated the conditions of his probation despite warnings against it from the court, his probation officer, William Payson, and counselors treating him for pornography addiction. One of those warnings was given less than two weeks before Cutler was found at a South Portland hotel with pornographic DVDs—items he is barred from possessing under the terms of his probation, Granger said.
“Probation has taken the position that Mr. Cutler has done nothing but attempt to circumvent the conditions of his probation,” Granger told the court. “Just by way of examples, he was ordered by Justice Stewart to the specialized sexual offender treatment program, and his first session was Jan. 27. During that initial session, he was reminded by the provider that he should not access the internet and should not possess pornography. Only 13 days later, he was in possession of pornography. He was arrested in Portland on [Feb. 9].”
“He has not been entirely cooperative with law enforcement either,” Granger continued, telling the court that Cutler reportedly provided misleading information on the conditions of his probation when he was arrested in Portland. Granger also cited “delays” in accessing files on Cutler’s seized computer due to the presence of an “encrypted firewall,” which “is arguably a violation of his probation conditions.”
Cutler provided a password to bypass the computer’s firewall on April 7, Granger said. Although the contents of the device are still being reviewed, investigators have reported that some “pornography and sexually explicit materials” have already been found, Granger told the court.
“There’s a pattern of his inability to control his behavior, even when warned by treatment providers working with psychologists, and warned by the court [by] Justice Stewart. He told Mr. Cutler [on Jan. 14] that ‘we’re at the end of the runway,’ ” Granger said. “After that, the runway extended again. So, the state would argue that there is no set of conditions that would adequately address Mr. Cutler’s issues with non-compliance with court orders and [the state requests that] he be held without bail.”
McKee pushed back on Granger’s claims, and said that he would address the issue of pornography addiction at an upcoming hearing.
After listening to arguments from both McKee and Granger, and breaking twice so that Cutler, who participated in the hearing by Zoom, could confer in private with his attorney, Larson denied Cutler’s bail request.
“Taking into consideration all of the factors for probation revocation, I can’t find a bail that would be sufficient to guarantee that Mr. Cutler will not violate his bail while he’s out again,” Larson said. “And, I’m not satisfied, from the motions to revoke post-conviction bail, that there are any conditions that the court could set. So, for those reasons, I’m denying the motion to amend bail or set bail.”
Cutler, clean-shaven and dressed in an orange prison jumpsuit, did not address the charges against him. Stoic and composed during most of the 30-minute hearing, Cutler appeared visibly upset and covered his face with his hands after Larson announced his decision. Cutler will remain in jail until a hearing, tentatively scheduled for mid-May, on whether the 39 months left on his probation should be revoked and he should instead spend that time in prison.
Cutler, a retired attorney who unsuccessfully ran for governor Maine in 2010 and 2014, was convicted in 2023 of possessing 142,000 images of child sexual abuse 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 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. In January, Cutler 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 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, 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 the charges, and transferred to Hancock County Jail last month.
On Feb. 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 fourth 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 after the hearing that he was “pleased” with Larson’s decision, but declined to comment further. McKee, of McKee Morgan Attorneys in Augusta, was not available for comment after the hearing.
