The Lewiston Police Department has picked a curious case to deviate from its policy on providing documents to the public, and has created the impression that political connections earn preferential treatment.

So far, despite verbal and written requests under Maine’s Freedom of Access Act, the department has refused to release a police report regarding Matthew Theriault, the embattled son of Lewiston City Councilor Denis Theriault. He was charged — by summons — on Aug. 25 with criminal mischief. He’s alleged to have sprayed fecal matter into the car of a local man over a family dispute.

Matthew Theriault is also currently under federal indictment for allegedly selling stolen tractors; the criminal mischief charge in Lewiston was used to revoke his federal bail in the tractor case.

Theriault’s criminal mischief charge has been documented by federal officials and heard in federal court. Lewiston police have agreed to release a copy of the summons but declined to release the report of that charge, citing the possibility it could taint a future jury or interfere with an ongoing investigation.

This is a stark departure from usual department practice, which is to provide full records of all police actions — arrest reports, narratives and copies of summons — upon request. This sudden shift in policy regarding access to records seems to apply only, so far, to this one case.

Access to these records is critical to maintaining a just society. Persons charged with crimes must have access to the official documentation to prepare their defense. And the public, as well, has every right to examine records of law enforcement agencies to hold officials accountable for their actions.

The law does permit police to withhold information to protect jury pools or a pending investigation. But these arguments do not apply to Theriault’s case. The criminal charge has been leveled. As a misdemeanor crime, the likelihood of a jury trial is minimal.

And, it would seem, a pending federal charge is infinitely more prejudicial for a juror than the contents of a local police report.

In short, the police department is invoking a legal privilege usually reserved for sensitive and ongoing investigative information, even though the substance of it has already been discussed in a federal courtroom.

The only detail that seems to separate this case from hundreds of others in Lewiston is the defendant is the son of a city councilor.

This gives pause for concern, given the council has ultimate authority over the police budget and the administration of the city, which oversees the department.

In the past, other police documents regarding Matthew Theriault have been released, even those about incidents in which charges were not brought. Now, there is stonewalling behind a curious legal argument.

Absent further justification, the political connections cannot be ignored. It gives the appearance of tiered justice, where those with influence are treated differently.

This is not a precedent the new administration of Police Chief Michael Bussiere should want to set. Ordering the immediate release of all of records on the charge Matthew Theriault faces would stop it.

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