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The Boothbay Register - Online Edition

May 22, 2008 "Serving The Communities of Boothbay, Boothbay Harbor, Southport, Edgecomb" Vol 131, Number 21

Deputy disciplined

Charlotte Boynton

Staff reporter

Sergeant Brendan Kane of the Lincoln County Sheriff's Department was given a two-day suspension without pay for violating three department policies, according to a press release last week from Sheriff Todd Brackett.

According to the release, Kane became the subject of an investigation after he told Bracket on April 11, 2008 that he (Kane) loaned a Taser owned by Lincoln County to a Knox County Deputy on August 31, 2007.

News of the use of the Taser at a bachelor party last August became public last month after a video of the party was given to the Village Soup and put on the Internet. The groom, a Knox County deputy at the time, and now a state police officer, was Tasered, hog tied, oiled and feathered, then tied to a chair that was put in the back of a pickup truck and driven through downtown Camden.

According to Brackett, the details of why Kane waited until April 11 to report the incident are contained in the investigation report, which is not a public document.

"What is important here is Sgt. Kane's honesty and cooperation during the investigation. He has taken full responsibility for his actions, including his not reporting the matter sooner," Brackett said.

"The discipline in this case, in part, is a result of his not reporting this as soon as he became aware."

In addition to the Lincoln County Sheriff's Office policy on Tasers, other policies which Kane violated include professional responsibilities, the law enforcement code of ethics, and the maintenance and accountability of property and equipment.

According to the statement by Brackett following the investigation, Kane was told the Taser was going to be used for training, and was unaware it was used at the bachelor party until September 10, 2007. Kane did not report it to his supervisors until he met with Brackett on April 11.

Knox County District Attorney Geoffrey Rushlau issued a press release last week indicating there would be no criminal charges brought against the Knox County Deputies involved in the Taser incident.

"However, that doesn't mean there will be no discipline imposed on them," Rushlau said.

Because the District Attorney's office works closely with the deputies involved in the incident, the criminal division of the Attorney General's office was asked to give an independent evaluation. The evaluation by Division Chief William Strokes, along with Rushlau, concluded that the officer who used the Taser should not be charged with a crime, and therefore, the other officers should not be charged.

According to the Attorney General's Office investigator, the officer who got Tasered doesn't consider himself as a crime victim because he was aware that the device was about to be used and believed that if he had objected, the weapon would not have been used against him; he opposes the filing of criminal charges.

Should the decision to prosecute be made, the potential charges would have included Criminal Use of an Electronic Weapon, and an Assault charge. Each of these is a Class D crime punishable by up to 364 days in jail and a $2,000 fine, according to Rushlau's press release.

"The decision to decline prosecution under these circumstances does not and should not suggest approval of the conduct of any officer involved," Rushlau said. "The conduct may well subject any, or all, to discipline by their employer or the Maine Criminal Justice Academy."

According to

Knox County Sheriff Donna Dennison, the investigation into the Knox County deputies' action is still being investigated by her department.

"The discipline handed down to Sergeant Kane is fair and consistent with the policy infractions he was found to have violated," Brackett said. "It is progressive in nature and therefore takes into account his otherwise exemplary service record. It is time for us to move on, the matter is closed at this time," Brackett said.



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