District Attorney drops harassment charges against Camden man
ROCKLAND — Charges against a Camden man for harassment by an electronic device and disorderly conduct were dismissed Oct. 28 by the District Attorney due to insufficient evidence.
Charles F. Berry, 64, of Camden, pleaded not guilty in Knox County Unified Court in Rockland June 8 to charges of harassing a Camden family on Facebook over an extended period of time.
Berry’s attorney, Scott Hess, of Augusta, filed a motion to dismiss the charges on the grounds that the complaints are insufficient and the statues under which he is charged are unconstitutionally overbroad and punish protected speech, according to court documents.
Berry was arrested in April on a warrant by Camden Police and charged with harassment by an electronic device and disorderly conduct, according to Camden Detective Curt Andrick.
Berry had been posting on Facebook under the name “Bishop Whitecrow” and was allegedly harassing a family for more than three years, according to court documents.
Andrick described Berry’s posts as vulgar and obscene in the court document.
Andrick said they collected hundreds of Berry’s posts from his Facebook page and the posts followed a similar pattern of being offensive and threatening against the Camden family. Berry’s most recent post was considered different, since he posted a picture of the victims from their Facebook page to his page and included an offensive caption with the picture, according to the court document.
The detective said that the First Amendment does protect vulgar and obscene speech, but in this particular case, “it has gone over the top” and Berry’s actions are considered criminal conduct.
Berry was initially taken to Knox County Jail and later released on $260 cash bail. Under the terms of his bail, he is not to have any contact directly or indirectly with the victims on social media.
In April, Berry filed a motion with the court to amend his bail to remove the condition that he did not drink alcohol. He stated alcohol use is irrelevant to the charges against him. Judge Daniel Billings denied Berry’s request.
Sarah Shepherd can be reached at news@penbaypilot.com
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