Former Auburn cop pleads guilty in OUI case

AUBURN — A former local police officer pleaded guilty to a drunken driving charge, but will be allowed to withdraw that plea if he stays out of trouble until June.

Mitchell Sweetser, 43, of Auburn would instead plead guilty next year to a misdemeanor charge of driving to endanger, pay a $575 fine and lose his driver's license for 30 days if he doesn't violate the conditions of the deferred disposition, a judge agreed.

Those conditions include:

• No use or possession of alcohol or illegal drugs.

• Submit to search of residence and chemical test upon request of a law enforcement officer.

If Sweetser were to violate any of those terms before June 3, 2010, he could be sentenced on the charge of operating under the influence to which he pleaded guilty last week.

The plea stems from a November 2007 accident on Hampshire Street in Auburn. Sweetser reportedly ran a red light that night. He was charged with criminal OUI. His blood-alcohol content was recorded at 0.19 percent, more than twice the legal driving limit. A police report said Sweetser apparently fell asleep behind the wheel.

Assistant District Attorney Richard Beauchesne dismissed the initial charge moments before going to trial after a jury was picked and assembled outside the courtroom. The 25-year-old driver of the other vehicle in the accident had died unexpectedly seven months after the crash. Beauchesne said he wanted to wait for complete autopsy results before going to trial. He said he wanted to know whether that driver's death was connected in any way to the accident. If it had been, Beauchesne said he might have elevated the charge. But the death had "no causal connection" to the accident, he later learned.

Prosecutors brought back the same charge against Sweetser in March. Sweetser's attorney, Leonard Sharon, argued in Androscoggin County Superior Court in July that prosecutors had taken too long to charge Sweetser again for the same crime.

Justice Thomas Delahanty II didn't dismiss the charge against Sweetser as Sharon had sought, but he limited prosecutors to only the evidence and testimony available at the time of the first trial.

Sharon had flown an expert from Wisconsin to Maine last summer to testify at trial about the state's analysis of Sweetser's blood-alcohol level. At that time, prosecutors had no witness to counter Sweetser's expert, Sharon said. But prosecutors found a rebuttal witness during the seven months between the time it dropped the initial charge against Sweetser and brought back the same charge a second time.

Sharon said Thursday his client had always been interested in pleading guilty to a charge of driving to endanger. It was only after the judge's ruling last month that prosecutors agreed, Sharon said. "It limited their ability to attack our expert," he said.

Sweetser suffered a serious head wound when he crashed through the passenger window. He also sustained a shoulder injury.

A sergeant at the Androscoggin County Sheriff's Department investigated the accident. The state was represented by a prosecutor from the District Attorney's Office in Oxford County because assistant district attorneys at the Androscoggin County office often work with local police. Supervising the prosecutor was Deputy Attorney General Bill Stokes.

 

 

 

 

 

 

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Displaying comments, from newest to oldest

tron's picture

And those of us without a

And those of us without a criminal record will continue to cry foul! Just because he's a buddy of yours, doesn't excuse his actions. In fact, he should have been charged with manslaughter, the driver of the other car died shortly after the accident, and you cannot claim it was a coincidence.

dman101's picture

bullshit thats what happens

bullshit thats what happens when u were a pig they take care of there own fuck them remenber this case 4 ur next oui an c if u get the same deal

wingnut56's picture

me too gots da .19 BA test.

me too gots da .19 BA test. 2 days in da pokey, 550 clams, 90 days suspension. They call it aggravated DUI. Lost my job, my truck, and my apt. Completed 30 days inpatient @ da VA, and 6 weeks of aftercare @ 300 clams. Dept of Motor Vehicles would not accept VA aftercare but didn't tell me until I completed 30 days. It took me 5 years to get back all I lost. If you drink one beer or whatever you like...do not drive. You'll get da bigger blues when ya see da blues in da rearview. If your not under da car all smooshed ta bits or kiss'in da big tree!

TREEHUGGARRR's picture

Mr Sweetser got persecuted

Mr Sweetser got persecuted as opposed to prosecuted.
Beauchesne dropped the ball on this one, Sweetser was ready to plead from the get go
until they wanted to put him in jail for first offense OUI.
If the SJ would do a story on the plea bargining and list the original charges with the judicial outcome, you'll see that he recieved no favors.
Furthermore, Sweetser took it upon himself to quit drinking, went through the DEEP program and has lost his job.

tron's picture

Must be a buddy of yours,

Must be a buddy of yours, normal people would not be treated as kindly by you.

Steve's picture
verified

What strikes me as hinky

What strikes me as hinky about this is that the police report says that he "fell asleep at the wheel". With a BAC of .19 he more than likely passed out. It really irks me that scumbag lawyers make money getting these people off from these charges. I can't wait to read in the paper someday that Lemmy Sharon's son, daughter, wife, mother, etc. gets run over and killed by one of his former clients. Payback's a bitch.

RitaSkeeter's picture

OMG people get over

OMG people get over yourselves! Do you really think he got a "deal" because he was a former cop? Open your eyes and take a look at other cases going on in the state right now where "ordinary" citizens are given deals. Look at David Cook who only got 6 years for killing a baby. It's happening everywhere....not just because he's a cop. Look at all the repeat OUI Offenders who keep getting caught, and keep getting little or no jail time or fines. You same people are screaming for blood from them too. I don't think he's getting preferential treatment because he's a cop......he's getting it because our judicial system stinks!
Now with that said........he should get a stiffer penalty because he was a cop.....and should be living by a higher standard. However, while I don't know Mitchell personally, I know his family, and I believe he was no longer a cop when the accident happened. I could be wrong though.

B's picture

This is an outrage! Any

This is an outrage! Any non-cop gets slapped heavily with OUI fines, loss of license (immediately even before going to court) for a lot more than 30 days, etc... So the "witness from Wisconsin" proved what, that cops don't know how to take blood alcohol tests correctly? You mean the cops screwed up the blood alcohol test on a fellow cop? Imagine that....
Does the DA's office offer this deal to any non-police officers? Court and evidential screwups aside, this is just plain wrong. This whole deal should be investigated by some "impartial" that is "non-law enforcement" entity, if there is one...

verified

I certainly cannot

I certainly cannot understand why this guy doesn't get the same jail time and the same fine as anybody else driving with OUI, with such a high alcohol content. His right to be a police officier should be revoked indefinately, he should loose his license for up to 90 days the same as anyone else would have. He should also be fined up to at least $500.00 dollars. If his trial would have been somewher in the state other than Androscoggin County he may have gotten the right sentence but he's supposed to be one of the good guys that protect and serve. What kind of an example is he setting?, that it's ok to drive drunk and get away with it?, what a joke the court system is. Different laws for "so called" good guys while others have to suffer.

tron's picture

If this was any other man,

If this was any other man, the outrage on these pages would have been enormous. But since he's part of the good guy network, it's OK.

Ginger1's picture

TAKE YOUR PUNISHMENT LIKE A

TAKE YOUR PUNISHMENT LIKE A MAN YOU CRYBABY,YOU WERE A COP AND YOU WERE OUI.TOO BAD VIOLATING THE PUBLIC TRUST ISN'T A LAW.YOU COULDN'T HAVE BEEN A VERY SMART COP TO BEGIN WITH,OR YOU WOULD HAVE HIRED JACK SIMMONS

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