The ability to seize assets of drug traffickers is lucrative for police, justified by the simple, eye-for-an-eye principle of using forfeited drug proceeds to support drug investigations.
Earlier this year, the Sun Journal issued Freedom of Access Act requests to 25 area law enforcement agencies for records regarding their collection and expenditure of forfeited items and funds from drug investigations.
Only one community refused to disclose their activity: Bethel. Town administration said disclosure of such information is limited to law enforcement, according to their reading of Maine statute.
This interpretation, however, ran contrary to that of other law enforcement agencies which, to their credit, went to great lengths to comply with our request.
Chief Robert Annese in Monmouth, for example, polled longer-serving officers about their recollection, because a mold infestation in the old police station caused it – and the records inside in it – to be demolished.
Jay, a community known for making paper, provided a stack of forfeiture documents about three-quarters-of-an-inch thick, including photocopies of dollar bills. And that was for just one case.
Lisbon gave us copies of purchase orders for drug-forfeiture-funded firearms. Wilton and Fryeburg both replied they had no information to provide, because neither town had received any forfeited funds or items.
And Auburn and Lewiston offered not only information, but also demonstrations of certain items – like dogs and motorcycles – they purchased with drug funds.
Bethel’s reluctance was an outlier, which makes us believe the town misinterpreted Maine law regarding forfeiture records. While the law indicates records must be open to police, nothing indicates this an exclusive viewing arrangement.
Collection, adjudication and distribution of drug forfeitures is conducted publicly through police and court actions. Accepting such funds usually also requires approval from a town’s governing board.
If these steps in the forfeiture process are public, town records of forfeited assets should be as well.
Most law enforcement agencies seem to agree upon this. Except for Bethel. The widespread compliance of other departments indicates Bethel has misread the statute.
We urge the town to re-consider its denial and release this information to the public.
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