On October 31, after serving a 21-month jail sentence, Richard “Dik” Brackett's new attorney Jeremy Platt asked Justice Andrew Horton for a new trial at the Lincoln County Superior Count in Wiscasset.

Brackett said his 2010 attorney, David van Dyke, should have withdrawn as counsel because he could have provided testimony for the defense.

Horton, who also presided over the 2010 case, said Brackett failed to prove van Dyke's failure to withdraw harmed Brackett's defense. He also said Brackett failed to show the trial would have ended differently had van Dyke been witness, not legal counsel. On those grounds, Horton denied Brackett's petition for “post-conviction relief” via a new trial.

As noted in the order and judgment document in the court's view van Dyke “provided a spirited and competent defense.”

Pratt said he would still seek a new trial for Brackett and would be appealing Horton's decision.

Brackett was arrested on July 6, 2006 at the former Urgent Care Walk In Clinic on Townsend Avenue, Boothbay Harbor, a walk-in health clinic, for alleged unlawful trafficking in Schedule W drugs-Class B.

A grand jury levied a total of nine counts against Brackett: two counts of unlawful trafficking in scheduled drugs (hydrocodone), one count of unlawful furnishing of scheduled drugs (hydrocodone), four counts of invasion of privacy (four hidden video cameras were discovered by law enforcement at the clinic. Tenants, guests, and patients were not aware of the devices in a clock radios in a bathroom and in three occupied bedrooms), one count of engaging a prostitute and one count of theft by deception ($1,000 worth of submitted claims to MaineCare in for services not performed and billed at a higher rate of reimbursement than he was entitled to receive).

In December of 2010, Brackett was convicted of all charges save two. A second trafficking in unscheduled drugs charge and the furnishing of scheduled drugs were dismissed due to the jury's inability to reach a verdict.

In addition to a 21-month jail sentence, Brackett received three years' probation.

Brackett filed an appeal of his conviction and sentence, but later dropped it.