AUBURN – Two brothers accused of stealing a cross from a Livermore Falls churchyard have agreed to stay away from the church and abide by other terms of a court injunction.
Carl Harrington II, 21, formerly of Jay, now of Auburn, and his brother, Brian Harrington, 19, of Livermore, were both charged with violating the Maine Civil Rights Act in connection with the April incident.
Instead of requesting a trial to fight the civil charges, the brothers each signed a consent decree, agreeing to the terms of an injunction requested by the Maine Attorney General’s Office.
A Superior Court justice signed off on the decree Tuesday. The court order prohibits the Harringtons from:
• Interfering with the First Amendment rights of the members of the congregation of the Eaton Memorial United Methodist Church, or any other person, through damage or destruction of their personal property.
• Entering the property of the church.
• Encouraging or causing any other person to engage in conduct prohibited under First Amendment rights, or assisting any person in engaging in such action.
If either brother violates any term of the order, he could be charged with a misdemeanor crime punishable by up to one year behind bars and $2,000 in fines.
Police say Carl Harrington was the one who actually stole the 8-foot wooden cross from the Eaton Memorial United Methodist Church, then he, his brother and two girls from Livermore Falls stole a shroud taken from another cross.
Investigators discovered the cross in Carl Harrington’s apartment in Jay, hanging sideways on a wall with a picture of convicted murderer Charles Manson taped to it.
Carl Harrington is the only one facing criminal charges. He was charged with theft, and his case is still pending, according to District Attorney Norm Croteau.
Carl and Brian Harrington each has apologized for stealing the cross.
After the police investigation was complete, police forwarded the case to the state Attorney General’s Office for investigation as a hate crime.
Assistant Attorney General Gerald Reid pursued the case, filing a civil suit against the brothers. The state alleged that the Harringtons violated the Maine Civil Rights Act by interfering with church members’ right to religious freedom under the U.S. and state constitutions.
Carl Harrington said during an April interview with the Sun Journal that taking the cross from the church’s lawn was wrong and was a foolish prank. His brother called it “a dumb thing to do.”
Both men wrote letters of apology to the church and met with the pastor, the Rev. Joseph Chamberland.
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