NOTHING TO SEE HERE: DA claims not enough evidence to prosecute selectmen

LEBANON, Maine - York County District Attorney Kathryn Slattery said on Wednesday there are no pending charges in connection with the unlawful taking of cannabis plants by Lebanon selectmen from a resident's property last August.

In an exclusive interview with The Rochester Voice, Slattery said she couldn't comment on the specifics of the case as she was bound by Maine's Title 16 Intelligence and Investigative Record Information Act, which limits the distribution of such material if it "interferes with a criminal law proceeding, constitutes an invasion of privacy or results in dissemination of prejudicial information among other restrictions" among other restrictions.

Pressed on details in a State Trooper's investigative report obtained by The Rochester Voice that references Selectmen Chair Chuck Russell admitting he had no authority to take the plants, Slattery grew increasingly irate telling The Voice, "No one got any special privilege in this case. We have a very high standard. We're officers of the court, and we are not to bring any charges that we cannot prove beyond a reasonable doubt."

Eric Kelley with a cannabis plant grown from one of the plants removed from his Lebanon property last August. (Rochester Voice photo)

Slattery, whose office had been called by The Rochester Voice multiple times in the past week, said she finally returned a call so her employees wouldn't be bothered anymore. She said she would have no further comment on the case, which went public last month after Lebanon resident Eric Kelley grew frustrated that Russell, Selectman Earnest "Butch" Lizotte and animal control officer Carol Harris were not being prosecuted. Kelley reached out to The Rochester Voice and WGME-TV in Portland, whose story ran Wednesday night and is viewable today on their website.

Kelley said Russell, Lizotte and Harris had overseen the removal of healthy, well-fed livestock and $100,000 worth of cannabis seeds from his farm.

The three are listed as suspects in an investigatory report obtained by The Rochester Voice and filed by Maine State Police Trooper Patrick Hall, who got involved last Aug. 24 when town animal control officer Mary Kinney spoke with him regarding a complaint of pigs rutting up a neighbor's yard.

The pigs in question belong to Kelley, who beside raising pigs, cows, goats and chickens, also raises award-winning cannabis seeds recognized nationwide as producing some of the highest concentrations of THC on the market.

As Hall began to investigate he quickly learned the owner of the property, Kelley, was being held at York County Jail on a probation violation.

While relaying the information to Kinney, she asked him to respond to the property as she thought there was someone there "hiding in a shed," the report states.

Upon arrival Hall spoke with both Harris and Kinney, who said she wanted to remove the livestock because the cows were "dying of thirst" and "goats were starving."

According to the investigatory statement, Trooper Hall advised her to obtain a court order before seizing the animals, but she refused.

Before searching the shed, Hall stated he turned on his cruiser's WatchGuard video as it became clear the incident may turn into an enforcement issue.

Hall, who also owns farm animals, inspected the cows and goats, who all appeared well-fed and groomed, he said.

Hall also noted in his report that a large greenhouse on the property was filled with lush, adult marijuana plants.

Later that night he got a call from York County Jail informing him that Kelley's father was watching the property and feeding and watering the animals. The property address is not being released by The Rochester Voice at the request of Kelley.

Two days later Hall learned that 15 of the marijuana plants had been removed as well as a couple of Husqvarna saws, several power tools and a boom box.

While attending a subsequent Lebanon Board of Selectmen's meeting on Aug 27, Hall spoke with an unidentified individual, who said Russell and Lizotte were involved in the case.

According to Hall's statement both Russell and Lizotte said they removed the plants because they were concerned they would "get into the hands of the wrong people."

Russell added that (name redacted) "called and said the plants were not tagged and had no fence around them. (Name redacted) also said the property owner was "going away for a few years," although, in fact, he was in jail for just 17 days, Kelley said.

When Hall asked Russell what authority he had to take the plants, he replied, "He did not take any, he just helped other people do it," the statement reads.

Hall also asked Russell if he had "tagged the plants" with identifying info and he said he had not.

On Aug. 30 Hall visited Lizotte's residence and found the plants out behind his house, but neither tagged nor or inside a fence.

Asked what right he had to take the plants, Lizotte replied he was following the orders of (name redacted) and Russell, the report states.

A few days later Hall spoke with Kelley, who said (name redacted) had called him and said, "she had all his plants ... did not want to get the police involved ... and to get the plants back to Kelley."

Twenty minutes later Hall visited (redacted) and said "the plants had many brown leaves and appeared to be unhealthy."

Finally, on Sept. 12 Hall visited the property and served as the go-between as Lizotte and several other unidentified people dropped off 16 plants, most of which were in poor condition, according to Kelley.

Some 10 days later Kelley told Hall he wanted to press charges, and it was turned over to the York County Attorneys Office.

In a story first reported in The Rochester Voice on June 24, Kelley said he was furious that town officials took it upon themselves to remove his animals and his cannabis plants without a seizure order or even trying to contact him at York County Jail, where they knew he was.

"They feel like they're the police," he said. "There's no justice."

He said they took seven pigs, two cows, two goats, and 12 chickens and he they still haven't been returned.

He said any claims that the animals have been wanting for anything are unfounded, saying in an email to Hall that he had been "trucking in 259 gallons of water at a time until my well is installed."

He also said his (animals) get a full truck load weekly from When Pigs Fly bakery and he gets out-of-date produce and fruit from Hannafords.

"My animals eat very well," he said.

During a selectmen's meeting on Thursday Russell said the only way he was going to get his livestock back was to get a court order in York County Superior Court, a costly endeavor.

Kelley said he had expected charges would've been brought against someone in the case, but when they weren't he began to consider hiring a lawyer "to hold them accountable," however an ongoing divorce and family issues have kept him occupied the past several months.

"I want some questions answered and have them held accountable," he said, adding he may be seeking damages of up to $100,000 for his cannabis losses.

Russell and Lizotte have both refused comment.