Selectmen's involvement in alleged theft of marijuana plants condemned by law prof

From left, medical cannabis grower Eric Kelley, law professor Orlando Delogu, Maine AG Aaron Frey and York DA Kathryn Slattery (Kelley/Rochester Voice; Courtesy photos others)

LEBANON, Maine - A professor emeritus at the University of Maine School of Law and a Seacoast attorney both expressed incredulity during interviews last week when apprised that no charges were forthcoming in the case of two Lebanon selectmen who oversaw the unauthorized removal of pot plants from a Lebanon grow farm.

Orlando E. Delogu, one of the founders of the Maine Civil Liberties Union and a specialist in state and local government law, said Lebanon selectmen had absolutely no right to remove the plants last Aug. 24 from a farm owned by Eric Kelley.

"The selectmen shouldn't have had it taken from the property," Delogu said on Monday. "They have no law enforcement powers."

When Delogu heard that Lebanon Selectboard Chair Chuck Russell was also a paid marijuana consultant, he, himself, was incredulous as well.

"He acted inappropriately and also has a clear conflict of interest," he added.

York County District Attorney Kathryn Slattery said on June 30 that there are no pending charges in connection with the case.

Slattery said she would have no further comment on the case, a comment parroted earlier this month by the state's Attorney General's Office.

"This matter is within the jurisdiction of the York County District Attorney's office. We have no comment on their prosecutorial decision," wrote Marc Malon in an email on July 1.

The Rochester Voice on July 2 then asked for some clarity as to how two selectmen - not a quorum - were authorized to take the plants.

."The OAG is not involved in this dispute, and does not provide legal advice in these circumstances," Malon replied.

Delogu, however, did offer some legal advice, saying that selectmen are not above the law.

"I don't care if your a selectman in Lubec of in York County: If someone suspects criminal activity they should call the Sheriff's Office or State Police and have people with law enforcement powers deal with it ... or call the AG's Office.

Meanwhile, a Seacoast defense attorney, while not wholly familiar with the case, commented that what selectmen did was bizarre.

"It's curious that Maine State Police found no probable cause to remove the marijuana plants, but selectmen did," he quipped. The attorney asked that his name not be published.

According to a case investigative report written by State Trooper Patrick Hall, Russell, Selectman Butch Lizotte and Animal Control Officer Carol Harris had overseen the removal of healthy, well-fed livestock and what was purported to be $100,000 worth of cannabis seeds from his farm.

The three are listed as suspects in the investigatory report obtained by The Rochester Voice and filed by 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 and Hall.

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 last month, 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 they still haven't been returned.

He said any claims that the animals have been wanting for anything are unfounded.

"My animals eat very well," he said.

During a selectmen's meeting last 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.

"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.