PPH reports “A judge has disqualified the entire York County District Attorney’s Office from prosecuting a contentious domestic violence case, and also ruled that Eliot police officers may be cross-examined by the defense, resurrecting allegations that a majority of them routinely falsified patrol reports.
Justice Nancy Mills issued the rulings last week in the criminal case against Paul Olsen of Eliot, finding that Assistant District Attorney Thomas Miscio knowingly intercepted confidential documents written by Olsen’s attorney that contained the defense’s trial plans and read them without informing the court of the breach as he is required to do.
Mills learned of Miscio’s actions on May 4, the day before the 34-year-old Olsen was due to stand trial for allegedly assaulting and raping his former girlfriend at her home in Eliot in 2012. Mills immediately called off the trial, and said in her follow-up order Thursday that either the Maine Attorney General’s Office or another district attorney’s office will have to take over prosecuting the case.
“In this case, the state’s attorney should have known the information in the documents was privileged,” Mills wrote in the five-page ruling. “The disclosure of the information cannot be undone.” Read more HERE.
WMTW8 reports “Judge rules prosecutor saw privileged defense information in Paul Olsen case. “The state’s attorney’s reading the information was not inadvertent,” Mills wrote. “The disclosure of the information cannot be undone.”
Mills also issued another decision in the case, ruling that Olsen’s defense team could ask members of the Eliot Police Department if they have ever lied about their whereabouts while on duty.
“The defendant may inquire on cross-examination about the alleged misconduct by Eliot Police Department officers,” Mills wrote.
View report HERE.
Why wouldn’t the same ruling be consistent with a related case? (Now former) York County D.A. Mark Lawrence was in possession of confidential information/documentation relative to a “scheme” devised by Biddeford city officials, Police Chief Roger Beaupre and others. It was believed that D.A. Lawrence would investigate, indict and prosecute where the evidence demanded. D.A. Lawrence jumped the fence and prosecuted Lafortune with her evidence in his hands. Lafortune’s attorney was not allowed to present evidence, nor witnesses.
LAWRENCE, MARK D.A. LETTER JUNE 6, 2003.
Behind the Black Robes: Failed Justice, Author Barbara C. Johnson, click here.
FOIA-Judge David Kennedy, click here.
Judge David Kennedy, FOIA reply, click here. Attorney General Janet Mills did not reply…she “passed the buck.”
Players in this case are the same ones in “Biddeford (ME) Police Department Exposed!” Click here.
There is more going on with the City of Biddeford than meets the eye!