York Town News
Selectman candidate faces multiple charges, disputes clerical error
By Jennifer L. Saunders
YORK - James Adams, one of three candidates running for a two-year term on the Board of Selectmen, was charged last week with multiple drug violations and motor vehicle infractions, but promises he will continue his bid for a seat on the town's governing board.
Adams, 39, of 16 Fall Mill Road, spoke of the charges this week, explaining that while he was initially stopped for speeding, the operating after suspension charge that prompted the search yielding the first marijuana possession violation was actually a clerical error by the court.
At 7:20 p.m. last Wednesday, April 25, York police pulled Adams over on Mountain Road and subsequently charged him with three misdemeanor drug-related offenses - possession of a useable amount of marijuana, sale/use of drug paraphernalia and unlawfully furnishing scheduled drugs. The Kittery Police Department's canine unit was called to assist with the search.
He was also charged with operating his vehicle while his license was either suspended or revoked, having possession of a suspended license and traveling between one and 15 miles over the speed limit.
Adams explained that after police found him in possession of marijuana and determined he was operating after suspension, he was released on bail with conditions including random searches of his property. After officers escorted him home, Adams said, detectives arrived and "searched the house for two hours."
While Adams possessed a small amount of marijuana and one item of drug paraphernalia at the time of the motor vehicle stop resulting in the possession charges, York Police Sgt. Thomas Baran confirmed that, "other items that were found at the house fit into the definition of trafficking."
Trafficking in scheduled drugs, in this case marijuana, is a misdemeanor offense as Adams possessed six baggies of marijuana ranging in size but not enough to meet the quantity required for a felony offense.
Adams said he believes the marijuana they found on the premises was just over the line for a charge of possession only "by about $50," and therefore resulted in the misdemeanor charge of unlawfully furnishing scheduled drugs.
The next day, Adams said, he called the courts and learned that the license suspension order was an error from a charge of failing to pay a fine back in 2001. A judge has ordered that charge to be dropped, he said.
"This was all due to a clerical error," Adams said, adding, "This is the second time this is happened to me, and there is no recourse if you have your car towed because of an error like this. There's no recourse for that for anyone. For people in the future, I'd love to see this changed."
In fact, he said, he is contacting Rep. Windol Weaver, R-York, in the hope of having laws changed to allow residents to be reimbursed if their vehicles are towed because of an error such as this.
When asked about Adams' case, Baran explained that arresting officers can only base their decision on the information provided by the courts at the time a license or license plate is called in by police. Police are provided information regarding whether the license is suspended and, if so, for what, he explained.
Both Adams and Baran said the issue regarding operating after suspension is with the courts and not the police.
However, Adams said he believes police sought bail conditions more in keeping with major criminal offenses that were too harsh for traffic infractions and possessing a small amount of marijuana.
Regarding Adams' bail conditions, Baran said the stipulations are typical of any case where drug use or alcohol abuse is charged. Adams is not allowed to possess drugs, alcohol or weapons and must submit to random searches of his residence and vehicle while on bail.
Adams is scheduled to appear in York District Court for arraignment on all the pending charges on July 5, and said he has retained an attorney, Phil Desfosses and of Portsmouth, N.H.
Adams said last week's incident has not dampened his desire to continue with his race against Edward "Ted" Little and Michael Ehrenborg for the Board of Selectmen. All three are seeking to serve the remaining two years in the term of Selectman Torbert Macdonald, Jr., who submitted his resignation to the board in February, effective the date of the election, due to his ongoing battle with Lyme disease.
Independent Staff Writer Melissa Wood contributed to this report.
