AUGUSTA – An attorney for Bangor racino applicant Shawn Scott on Tuesday questioned the fairness of a state Harness Racing Commission report on Scott and his Capital Seven LLC.

Scott, a Las Vegas-based developer, “is being treated in a way that’s completely different from anyone who’s ever come before this commission before,” attorney Stephen Langsdorf said as the five-member panel met on the first of what could be days of hearings.

The outcome of the proceeding could have a bearing on whether Scott can operate slot machines at the Bangor Historic Track, an issue that has generated widespread public interest in Maine.

Langsdorf admonished commissioners to limit their review to whether Scott is of good moral character and has sound financial responsibility. Those standards must be met if he is to get a license to run harness races at the Bangor track, where Capital Seven has major interest.

Portions of a report gathered for the commission’s investigation of Scott are “selective … very inaccurate and misleading,” Langsdorf asserted. “This report absolutely will not stand up under scrutiny this week.”

Scott sat quietly with his team of lawyers as Langsdorf questioned Henry Jackson, the commission’s executive director.

Langsdorf asked repeatedly whether other applicants for licenses at Maine’s two commercial harness racing tracks have been subjected to such intense reviews.

“Not on my watch,” Jackson said, but he added that in-depth investigations have been conducted previously.

Langsdorf also asked why a portion of the draft report showing Scott has no criminal record was deleted from the final version, saying it suggested that its authors did not want any positive information about Scott to show up.

Scott funded a Nov. 4 referendum campaign in which Maine voters decided to allow commercial harness racing operators licensed for 2003 to operate slots at Maine’s commercial tracks, provided local voters allow it. Bangor voters have given their consent.

A report submitted by Jackson to the commission since the referendum raised questions about Scott and his dealings in other states, including felony convictions of his chief operating officer, Scott’s companies’ involvement in 36 lawsuits, 13 liens, four tax liens and one bankruptcy.

The report was admitted Tuesday as evidence in the proceeding, in which the racing commission essentially acts as a jury.

Jack Richards, an assistant attorney general who assisted in the investigation, told the commission that Scott was not cooperative during the licensing process.

“You will also hear of his failed attempts to be licensed in New York, Nevada and Louisiana,” Richards said.

The New York Racing and Wagering Board recently denied Scott a racing license. A letter dated last Friday informing Scott of the denial said, “You made false statements in connection with your license application.”

The Maine Harness Racing Commission hearings, starting a day late because of Monday’s snowstorm, drew about 30 spectators.

to the Augusta Civic Center.

Gov. John Baldacci plans to introduce legislation to create a new slot machine regulations and has expressed hope the commission will not act before the new law takes effect.

Owners of Maine’s harness racing track in Scarborough were represented at Tuesday’s hearing. Scarborough Downs is trying to persuade neighboring towns to approve a racino proposal now that Scarborough voters have rejected the idea.

AP-ES-12-16-03 1722EST