March 12, 2015
William Gagne, Chief Deputy Androscoggin County Sheriff's Department 2 Turner St. Auburn ME. 04210
Dear Deputy Chief Gagne:
In
reference to your response to my internal affairs complaint about
Deputy Tim Kachnovich, please provide me with a specific written source
(citation) to your statement that you do not have jurisdiction for the
internal affairs complaint. I would think one source would be the
County Sheriff's Operations and Procedures Manual. Another
source would be the name, title, and contact information of the
attorney(s) who gave you that opinion, preferably in writing. If there
are Maine State Statutes that govern your decision, please cite those
specifically.
My
belief at this time is that you not only have jurisdiction, you have a
moral and legal obligation to investigate according to written
procedures, procedures that will protect the citizens and Deputy
Kachnovich.
In
the meantime, I am preparing a complaint and demand for Declaratory
Judgments for Federal Court, though that may be changed to Maine
Superior Court, pending decisions from the Maine Administrative Act
Court (J. Poulin). N.B. Not a single sworn statement made by me or Mr.
Weaver were challenged by the Town of Livermore or Deputy Kachnovich.
Obviously, my approach to resolving conflicts is to use the simplest
methods available. If the simplest method fails, I move up to the more
complicated ones, up to and including the Maine Supreme Court (e.g..,
see the recent Maine Supreme Court ruling on making 911 transcripts of
homicides public; and long ago, Federal court decisions on Pineland)
Last week
at a Maine Traffic Safety Committee meeting, I spoke about how an
information audit I conducted this past autumn on Sheriff''s Departments
in five counties and about 20 police departments revealed excellent
compliance by all Sheriff's Departments but miserable compliance by the
most of the Police Departments. Interestingly, Brunswick P.D., Mexico
P.D., and Rumford P.D. each earned a solid A.
Please
note that my original complaint with Internal Affairs stands and I've
attached my court filings for the Administrative Procedures Act
Hearing. Please re-examine my original IA complaint for investigation.
I
did not allege witness tampering or party tampering or obstruction of
justice, though I should be able to do that in another week, depending
on the levels of interference I experience in meeting with competent,
knowledgeable, and relevant witnesses. I also did not allege violations
of Antitrust laws, but those are likely a potential problem in this
case.
Dwight Hines
Attached: Motion to Intervene
Copy: Forbe's Magazine
P.S. Forbes' Magazine
continues to rate Maine next to the bottom among the states on
friendliness to business. I can't help but infer that the integrity of
local law enforcement, and the fact that in our small town of Livermore
we are now facing from 6 to 21 homes being foreclosed are causally,
proximally relate . I am unable to reject the Forbe's rankings of
Maine.
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