York DA, state AG on same page; Maybe it's time to throw the book at them!

You'd think a guy my age wouldn't have so much stuff he just doesn't understand. But I do, and it's driving me crazy. Here's one.

About a month ago, I wrote the Maine Attorney Generals Office because I was investigating an alleged theft of marijuana plants by two Lebanon selectmen.

An account of the alleged theft as written by a Maine State Trooper said both selectmen (Chuck Russell and Butch Lizotte) told the trooper they did not have the authority to take the cannabis plants.

To me that sounded like "theft by unauthorized taking," either a misdemeanor or felony depending on the worth of the contraband. The plants were worth about $100G, so that would most definitely be a felony.

But the York County DA refused to prosecute the case.

"We have a responsibility to the court not to take a case that we couldn't reasonably expect to win," York County District Attorney Kathryn Slattery told me.

So I emailed the Attorney General Office, which said they would have no comment on the York DA's decision.

Then I spoke with two attorneys from Maine including one who formerly worked for the Maine Municipal Association. They both said selectmen have no special powers that would allow them to break a law, and that they really had no power except when gathered as a quorum during an official meeting.

So I emailed the Maine Attorney General's Office again and wrote this: "Do selectmen have statutory authority to remove livestock and cannabis plants from a private property without a court order?"

The reply was: "The OAG (Office of the Attorney General) has no comment on that question."

Not happy, I wrote back:

"How do you square this when there was no quorum on (the night of the alleged theft). This is a mockery and travesty. Now I realize Lebanon has no town manager, but all board functions are to be done as a board. This never came up during a selectmen's meeting! Still crickets???"

From the office of the top law enforcement officer in the state I got this reply.

"The OAG is not involved in this dispute, and does not provide legal advice in these circumstances. That is all I have to say on this matter."

So the York DA and state's AG are both on the same page.

Maybe it's time to throw the book at them!