Roger Feltis, left, holding his daughter, Paige, with his brothers Brandon, Adam and Tim Feltis and Tim’s son, Isaiah. Photo courtesy Feltis family
WISCASSET — A Superior Court judge has ordered the Maine Office of the Attorney General to provide its investigative records to the father of a man who was killed in a stabbing on Vinalhaven in June 2020.
Lincoln County Superior Court Justice Daniel Billings issued his ruling Oct. 28 in the lawsuit filed in June 2021 by Lester Feltis against Attorney General Aaron Frey seeking the records surrounding the slaying of his son, Roger Feltis, under the state’s Freedom of Access law.
Feltis died June 14, 2020, from a stab wound after confronting a couple he believed was harassing him, police said.
The AG’s Office will be able to redact certain information from the records, but Justice Billings rejected a string of arguments made by the attorney general to keep the records confidential. The records will include transcripts of 9-1-1 calls as well as transcripts of audio and video recordings.
“The court does not agree that this statute requires the court to prevent public scrutiny of police investigative records forever,” Billings stated. “The investigation at issue in this case ultimately did not result in charges. However, the court cannot abide the idea that the mere existence of an investigation where an individual is a suspect but no charges are brought against the person implies that because confidential criminal history record information is in the file renders the entire file confidential.”
Billings stated that endorsing that argument would “undermine the basic purpose of the FOAA, which is to enable the public to be informed about what their government is up to.”
The public has a legitimate interest in understanding why the police and Office of the Attorney General proceeded in the way they did, and why no charges may have resulted from their investigation, the judge ruled.
Billings’ order requires the attorney general to provide the court with the file, with some redactions consistent with his 18-page ruling, within 45 days of the issuance of the ruling.
The AG’s Office presented the case to a grand jury in Knox County during the first week of July 2020; the jury issued two no bills, meaning a majority of jurors did not find probable cause to believe Dorian Ames, 29, and Briannah Ames, 31, committed a crime.
Roger Feltis
The lawsuit filed on behalf of Lester Feltis, however, contends that several eyewitnesses’ statements make it clear the killing was not self-defense.
The lawsuit also claims that the AG’s office wants a confidentiality agreement because it knew there was misconduct by law enforcement, and does not want that information to be public.
“Every witness who witnessed Roger’s murder said the same thing: Roger Feltis approached the residence of the two persons who ultimately killed him and, as he stood outside on the deck leading to the residence and was hollering to the occupants about his brake lines on his truck being cut. The male stepped onto the porch wielding an ax, which caused Roger to back up away from the residence.
“Suddenly, the female rushed onto the porch and at Roger, and began punching him and hollering to the male to ‘hit him. Hit him with the ax,’ or words to that effect, which is what the male did, ultimately killing Roger,” the lawsuit states.
Though the lawsuit contends there was misconduct by law enforcement officers, it does not detail the allegations.
“Plaintiff knows of information in the file that is misconduct that should have led to final discipline, and based upon what is known, it is unfathomable that the conduct is was not punished,” the lawsuit states.
“The Office of Attorney General cannot conceal known misconduct on behalf of law enforcement by utilizing statutory confidentiality and interpretation, to suggest that the entire file is confidential under any circumstances,” the lawsuit states.
The AG’s Office had offered the father the right to review the investigative reports but required him to sign a confidentiality agreement that would prevent information from becoming public. He refused that condition and filed the lawsuit.
The AG had argued the file should be kept confidential for several reasons, including to protect the privacy of the Feltis family.
Lester Feltis’ attorney, Amy Fairfield, did not respond to an email sent Thursday.
Rep. Jeffrey Evangelos, of Friendship, has been an advocate for the family and hailed Billings’ ruling.
“This is a huge victory for the Feltis family. Obtaining the files will allow the Feltis family to investigate police misconduct in this case and to pursue legal and civil justice,” Evangelos said in a statement. “Why did Briannah Ames have over 550 messages with a sheriff’s deputy and state police officer in a six-month period? Why did the police and Maine’s attorney general drop this case like hot potato? As an advocate for the family, we believe those connections contributed to a soft investigation.”
He said the Feltis family willingly forfeited their privacy rights from the start and wanted the files on the slaying to become public.
“The fact that the attorney general asserted to the court he was protecting the family’s privacy by sealing the documents is so patently absurd, it’s laughable. This is a cover up, plain and simple,” Evangelos said.
Billings also rejected the AG’s argument that the Ameses had privacy rights, noting they had posted a Facebook live video of them responding to accusations against them after the grand jury declined to charge them.
Attorney General Aaron Frey did not respond to an email sent Thursday.
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