Lead dust and pigeons are the culprits behind officials being unable to schedule trials for August and October at Franklin County Courthouse, officials confirmed this week.

Trials planned for October were postponed after numerous pigeons, both dead and alive, along with bird droppings, were found in the clock tower and attic in early September. The discovery forced county officials to close off the Superior Court room as well as the courthouse attic.

Two months earlier, the August trial list was postponed after an unacceptable level of lead dust was found in the courtroom windows in July.

The attic and bell tower are expected to be cleaned before the end of October. Franklin County commissioners voted Oct. 7 to use about $18,000 from the courthouse reserve account to clean up the pigeon mess and wrap the tower in hardware mesh to prevent birds and other pests from getting inside.

October is an abbreviated month for the court, District Attorney Neil McLean Jr. said in an email. Three trials were initially planned for the month, but two were worked out at the docket call, leaving one multi-day trial on the schedule.

Once the courtroom closure was announced, the parties in the remaining trial came to a plea agreement.

“So in reality, as it relates to the month of October, we were able to avert the loss of the courtroom for trial purposes,” McLean said.

The defense attorney in that case, Walter McKee of McKee Morgan Attorneys in Augusta, said it was disappointing that the trial was postponed.

“We were specially set for trial later in the month but with the courthouse closed we could not pick a jury. Thankfully we were able to use the time to work out an agreement,” McKee wrote in an email.

 August was a different story. 

The courtroom closure came before any trials were scheduled, McNeil said, so it’s hard to say how many trials or cases were effected.

“I can say there were approximately 19 days available in August.  Realistically, based on resources, we likely would have had scheduled around three cases. So although I can’t say for certain, generally it was a missed opportunity to address around three trials, but that is a guess.” 

The Franklin County grand jury also had to be held at the Farmington District Court because of the closure of the Superior Court room. The jurors were able to fit into the courtroom there.

 “Regardless, if the unavailability of the courtroom were to continue to be an issue, it would be unsustainable,” McLean wrote.  “I would say at this point, we have been fortunate that the negative effect has not been greater.”

The court has been thoughtful and generous in working with the logistical and scheduling issues created, he wrote.  

“The prosecutors, staff, and defense bar continue to work hard, be patient, and be flexible in adjusting to the situation,” he wrote. “Bottom line, and not to state the obvious, but we need access to the courtroom or it will have a profound effect on the system over time. We will not always be able to work around the issue, and there are too many cases, and too many defendants waiting for their trial date.”

The staircases to the second floor of the courtroom at the courthouse were still closed to the public Wednesday accept for authorized personnel.