09/28/2011
The Maine Drug Enforcement Agency (MDEA) was found to have engaged in improper conduct in Washington County Superior Court on Friday when serious felony drug charges were dismissed by Superior Court Justice Robert Murray.
Fred Rini a resident of Cherryfield, who had been employed locally, was charged with class A and Class C trafficking in illegal drugs. Both charges were dismissed as a result of misconduct by the MDEA and the District Attorney’s Office. Mr. Rini is represented by Attorney Don Brown of Brewer.
Mr. Rini, who has steadfastly maintained his innocence, has been held at the Washington County jail since July 2010 waiting for trial. The District Attorney’s Office requested very high bail which Mr. Rini has been unable to make.
The District Attorney’s Office had knowledge of the difficulties with this case, specific knowledge of the multiple problems regarding the history of the refusal of MDEA agents to furnish Court ordered documents, specific knowledge that an agent in this case had previously been unable to account for drugs he seized as evidence, specific knowledge that an agent in this case had previously been unable to account for approximately $2,500 that was in his control and specific knowledge of at least one MDEA agent who has intentionally withheld evidence in the past. Rather than address these issues properly, the District Attorney’s Office choose to assign a special prosecutor to help conceal these issues and attempt to hide these issues from the Court, the jury and to ultimately deny Mr. Rini a fair trial.
A list of some of the failures, inconsistencies and inaccuracies in this case can be summarized as follows:
• The MDEA and/or District Attorney’s Office failed to disclose all of the officers involved.
• The MDEA and/or District Attorney’s Office failed to produce reports written by agents involved.
• The MDEA and/or District Attorney’s Office failed to disclose exculpatory evidence.
• Evidence was presented by the MDEA and District Attorney’s Office resulting in a jury instruction that what the agent testified to could not have happened.
• Documents and reports with multiple and serious inconsistencies.
• Evidence that MDEA Director Roy McKinney might have had access to the computerized evidence tracking system that resulted in many inconsistencies.
The final bombshell in this case was the exposure in Court that, in connection with this case and at the request of the MDEA and District Attorney’s Office, the confidential informant made a recorded phone call to Attorney Don Brown where the CI requested to be paid for his testimony. The record revealed that Attorney Brown refused that offer and called the CI’s attorney to report the incident. The Court found that Attorney Brown did nothing wrong. The CI also testified about other information he had provided to the MDEA which had not been provided to the Defense or to the Court. Both the District Attorney’s Office and the MDEA refused to provide the audio recording.
The Court was troubled by the concealment of this evidence by the MDEA and the District Attorney’s Office and found that the failure to disclose the information was in violation of the rules, in violation of a prior court order and was so serious that the only appropriate remedy was dismissal of all charges.
