ALFRED — At York County Superior Court in Alfred Friday, Judge Nancy Mills granted a motion from defense attorneys for Mark Strong Sr. to have 46 counts against him thrown out, leaving a total of 13 for which he may still be tried. The decision is in appeal, however, among other legal wrangling that will affect both jury selection and the date of commencement for the trial.

Strong has been charged in connection with an alleged prostitution business operated out of a Kennebunk Zumba fitness studio, owned and operated by Alexis Wright of Wells. Wright is scheduled to go on trial in May to face multiple counts of engaging in prostitution, violation of privacy and evasion of income tax for collecting state benefits while ineligible. Wright is alleged to have recorded video of explicit sexual acts with her clients.

The 46 misdemeanor counts against Strong that were dismissed pertain to invasion of privacy. The 13 remaining counts include 12 counts of promotion of prostitution, a Class D crime, and one Class E count of conspiracy to promote prostitution.

“I have tried to make the reasoned decision in this case,” said Mills, noting that in order for the state to have a chance at successfully prosecuting the 46 invasion of privacy charges, it would have to prove that those clients who were allegedly recorded having sex with Wright had an entitlement to privacy and could reasonably be expected to be free from any surveillance activity.

“I can’t find an objective expectation of privacy that the public would have a reason to expect,” said Mills, adding that the state “can’t prove the defendant can be proven guilty of these charges.”

In response, the prosecution, led by Deputy District Attorney Justina McGettigan, appealed the ruling to the state Supreme Court in an effort to have the dropped charges reinstated.

Not to be outdone, Strong’s defense attorney, Dan Lilley, made a motion for severance, which would allow a trial to commence based on the 13 remaining counts. Mills declined the motion, but Lilley responded by filing his own appeal to the Supreme Court.

It remains unclear when a ruling from that court may occur, although Lilley said he hoped it would take place by late Friday afternoon. If Lilley’s appeal is granted, a trial on the 13 remaining counts could commence as early as next week. If the prosecution’s appeal on the 46 dropped counts is subsequently granted, then Strong could face a second trial on those remaining counts, although Lilley thought that possibility unlikely.

“We’d like to go forward with the counts that exist,” said Lilley. “We would take the consequences of a second trial, should one occur, although we doubt that would occur.”

Lilley referred to the prosecution’s appeal as “shenanigans,” arguing that Strong has the right to a speedy trial. If the prosecution’s appeal is granted, a trial on the remaining counts may not start for months.

“We’re ready to go,” said Lilley. “We’ve got a jury waiting downstairs.”

Earlier this week, about 150 potential jurors filed into Superior Court to be interviewed. The jury selection process has lasted for days, and if Lilley is granted severance, then jury selection would continue next week. No jurors have yet been seated.

That process was slated to continue on Friday, but was put on hold to await rulings on the prosecution’s and defense’s respective appeals.

Defense attorney Tina Nadeau, who represents Strong along with Lilley, said that the state’s appeal amounted to sour grapes over the dropped charges.

“The state is sore now because they lost 46 counts,” said Nadeau. “My client is suffering here because of the state’s lack of evidence.”

After the proceedings, Strong said he did not feel any relief over the counts against him that have been dropped, emphasizing the toll that prolonged legal attention has brought upon his professional and personal life.

“I just want this to move on so we can get it over with,” he said.

— Staff Writer Jeff Lagasse can be contacted at 282-1535, Ext. 319 or jlagasse@journaltribune.com.