ALFRED — In a court document filed Monday, the town of Eliot’s attorney asked a judge to keep the public from seeing a report, the existence of which is a matter of dispute.

Eliot’s former deputy police chief testified in an earlier proceeding that he presented a report to Police Chief Theodor Short in 2009 with data showing that patrol officers lied about where they were during patrols, and said the chief failed to act on the information.

Town Attorney Asha Echeverria doesn’t say whether an investigative report exists. But in the motion filed in York County Superior Court in Alfred, she asked the judge to decide that if the report does exist, it should be deemed confidential.

Echeverria filed the motion after an opposing attorney, Amy Fairfield, issued a subpoena to Chief Short requiring him to appear in court on Feb. 5 to testify as a witness in a criminal case. She asks Superior Court Justice John O’Neil Jr. to block a portion of Fairfield’s subpoena that requires Short to provide the court with a copy or the original report, which the former deputy chief, Kevin Cady, said he drafted in January 2009.

The back-and-forth court filings between Echeverria and Fairfield stem from proceedings in a criminal case against Paul Olsen, 33, who is accused of assaulting and raping his former girlfriend at her Eliot home. The case was investigated by Eliot police in 2012.

Fairfield, who is Olsen’s attorney, has demanded that Short turn over Cady’s report to be used as evidence in Olsen’s defense, believing it could undermine the credibility of the officers who brought the charges against her client.

Advertisement

Short told the Portland Press Herald last week that Cady never gave him the report and that he and Cady only discussed the possibility that four of the department’s six patrol officers had repeatedly lied in their patrol logs.

Cady testified in court on Jan. 16 that he presented a 60-plus page report to the chief documenting that officers had repeatedly lied in their reports, claiming they patrolled specific areas in town, while GPS mapping data from their cruisers proved they hadn’t.

The judge is considering whether to level sanctions against the prosecution in the case for failing to turn over that information to Fairfield to be used in Olsen’s defense.

Lawyers for the opposing sides met with O’Neil on Monday morning in the judge’s chambers. Fairfield and another attorney from her office, Pat Gordon, attended as Olsen’s representatives. Echeverria appeared on behalf of the town. Prosecutor Thomas Miscio attended on behalf of the York County District Attorney’s Office.

None of the four would say what happened in the closed-door hearing, other than to confirm that another hearing on the Olsen case will be held in open court on Feb. 5.


Only subscribers are eligible to post comments. Please subscribe or login first for digital access. Here’s why.

Use the form below to reset your password. When you've submitted your account email, we will send an email with a reset code.