Morning Sentinel
'This is right out of the J. Edgar Hoover playbook'
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BY BETTY ADAMS
Staff Writers
Kennebec Journal & Morning Sentinel 11/19/2009

MONMOUTH -- A resident has asked for an investigation into his claim the town's police chief misused his authority in an attempt to learn who was gathering feedback about the Monmouth Police Department.

In an October letter to an investigator in the state attorney general's office, lawyer Walter McKee alleges Monmouth Police Chief Robert Annese misused his authority to learn who held a post office box used to collect comments about his department.

"This is something right out of the 1950s -- law enforcement using official powers to investigate critics," said McKee, who represents Monmouth resident Ray Simond. "This is right out of the J. Edgar Hoover playbook and has no place in Monmouth or anywhere."

Simond had placed an advertisement in a community newspaper requesting comments about the department be sent to a post office address.

McKee provided the Kennebec Journal with a copy of an "address information request" McKee said he got from the Monmouth post office. The request, on Monmouth Police Department letterhead and dated July 13, seeks to learn the identity of The Monmouth Mailbag box holder.

The request, signed by Annese, certifies that the information is required for the department's official duties. Simond has confirmed he is the holder of the post office box.

"There was no official duty at issue here, other than Chief Annese's desire to find out who was critical of the Monmouth Police Department," McKee said. "There is no way that this information should have been requested for this reason, and (there's) no way of constructing the term 'official duties' to include finding out who was criticizing the Monmouth Police Department."

McKee alleges Annese attached an incident number to the information request "likely to give the appearance at least of some sort of an official investigation."

The incident number listed on the address information request, McKee said, is attached to an unrelated investigation involving the Kennebec County Sheriff's Office.

"There is no question that this request was not related to any actual incident that would require this post office box information," McKee said.

McKee said the attorney general's office has launched an investigation and has already interviewed Simond. A spokeswoman for the attorney general's office said Wednesday she would not confirm nor deny any investigation.

A message left on Annese's cell phone Wednesday night was not immediately returned. Annese's greeting indicates he is off duty until the end of the month.

Selectman Doug Ludewig said Wednesday evening the town has taken no disciplinary action against any town employee. He said selectmen discussed the implications for the town during an executive session held on Wednesday.

"We're waiting for the attorney general's opinion on this whole thing," Ludewig said.

Tom Rizzo, spokesman for the U.S. Postal Service in Maine, said laws prohibit the postal service from giving out box holders' names to the general public; but, "Law enforcement can get access by submitting an official form saying they're doing an investigation for law enforcement purposes," Rizzo said.

He said a postal inspector investigates complaints, but McKee said Wednesday he had yet to file a complaint with the post office.

The allegation against Annese is the latest development in a five-month process to approve a new police budget. Voters, who are set to vote again Nov. 24, have rejected four proposals.

Selectmen are concerned the allegations against Annese could lead to voters to reject the budget again, Ludewig said. Without a new police budget, the town is unable to send out tax bills and would have to borrow more than $1 million to pay its bills. The loan will cost the town about $30,000 in interest. And the town risks having to borrow another $1 million if its unable to pass a budget this month.

Residents who have spoken against the budget during several public hearings have said the votes are not a reflection of the budget but rather a referendum on personnel problems within the department.

In response, selectmen created a Public Safety Advisory Committee designed, in part, to allow residents another avenue to voice complaints about the department without scuttling budgets the town needs.

Simond, speaking at a meeting in September, urged the board to allow the committee to accept anonymous complaints. Echoing comments made at several public hearings, he said residents fear retaliation too much to speak publicly.

McKee said Wednesday the allegations against Annese support Simond's claim.

Craig Crosby -- 623-3811, ext. 433

ccrosby@centralmaine.com