AUGUSTA – A review by Gov. John Baldacci’s staff and legal counsel has concluded that Department of Inland Fisheries and Wildlife Commissioner R. Dan Martin created the appearance of impropriety when he called an assistant district attorney about his brother’s drunken-driving arrest.
“I have made sure that he realizes that I feel he shouldn’t being doing that, even though nothing inappropriate was done,” Baldacci said.
The governor said his legal counsel, Tom Federle, had investigated the incident and concluded that while Martin did not violate any laws or do anything inappropriate, he did create an appearance of an impropriety.
Last July, Martin’s brother Richard was arrested on charges of operating under the influence and exceeding proper speed while on a personal watercraft on Long Lake in Aroostook County where he lives. He was arrested by Game Warden Jeff Spencer.
As commissioner, Martin is in a position to influence the career of any game warden. When Martin called Aroostook County Assistant District Attorney Catherine Francke, he inquired about the status of his brother’s case and about a potential plea bargain in the case.
“I was just trying to help my brother,” he said. “I did nothing wrong.”
District Attorney Neale Adams agrees that Martin did not do anything illegal or anything that many siblings would do to help a family member in trouble. But, Adams said, he agrees Martin’s action created an appearance of improper activity.
“Nobody gets special treatment in this office,” he said, “and no one did here. But I can understand the concern somebody in the public would have hearing about this.”
Richard Martin pleaded guilty to the drunken-driving charge, and the other charge was dropped, a common practice in plea agreements.
When asked if he would do the same thing again, given the concerns raised by the governor and others, Martin said he probably would.
“If I had to do it over again, based on the information I have, I probably would,” he said.
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