Both sides have made their case, and now it’s up to Gov. Janet Mills to decide whether to remove Oxford County Sheriff Christopher Wainwright from office.
Lawyers for both Wainwright and the county finished their arguments at a hearing in Augusta Wednesday, April 24, the second day of a hearing that began on Monday.
Retired Superior Court Justice Donald Alexander, who presided over the hearing, will now review testimony and evidence, and submit his recommendations to Mills.
“It’ll go to the governor, and she’ll do what she deems appropriate,” Alexander said.
Oxford County Commissioners indicated in March that they had lost confidence in Wainwright amid allegations of favoritism, poor record-keeping and improper disposal of firearms.
Despite these concerns, Maine law does not grant county commissioners the authority to remove a county sheriff, as it is an elected position. Only Maine’s governor has the power to do that.
Removal of a sheriff is such a rare occurrence in Maine that many cannot say for sure just when the last time was that it happened. Some estimates say it’s been nearly 100 years.
Nevertheless, the commissioners all signed a letter to Mills in March asking her to remove Wainwright.
Amy Dieterich, who represented the commissioners during the hearing, argued that the governor needed to act regarding Wainwright.
“The evidence admitted during this hearing has demonstrated that the removal of Sheriff Wainwright now would not only be reasonable, but it’s necessary, and Oxford County government cannot effectively function otherwise,” Dieterich said.
Dieterich accused Wainwright of:
Failing to ensure two school resource officers hired by the department in 2018 were properly certified
Trying to coerce a junior deputy into tearing up a traffic ticket he issued to an acquaintance of Wainwright’s and subsequently berating the deputy for not complying in a phone call that was recorded
Selling firearms from the department’s evidence locker without making sure no rightful owners still claimed them, or properly documenting the sales to a local gun dealer
Wainwright’s attorney, Portland-based Jonathan Berry, also made a closing argument. He noted that Wainwright has already acknowledged he was wrong in his comments to his deputy and has already apologized.
The other two accusations, Berry said, were nothing more than a consequence of an overworked department and “record-keeping matters.”
“The board (of Oxford County Commissioners) has not proven Sheriff Wainwright’s constitutional guilt,” Berry said. “He has honored his constitutional oath, an oath that he takes seriously, to faithfully discharge his duties to the best of his ability, in fact and in law.”
Both attorneys have until Monday to submit written final arguments to Alexander. From there, Alexander will review all the materials and testimony as part of his final report to Mills.
There is no rule indicating how long Alexander must take to complete his task, or when Mills must make her decision whether to oust Wainwright.
