Judge grants new trial in Millinocket rec case
3/30/09 | 19 comments

Judge grants new trial in Millinocket rec case


By Judy Harrison
BDN Staff

BANGOR, Maine — The town of Millinocket will get another chance to prove it didn’t break the law four years ago when it eliminated the position of Recreation Department director.

Superior Court Justice William Anderson, who presided over the jury trial last year, on Thursday granted the town’s motion for a new trial in the lawsuit filed by Mary Walsh of Lincoln. A new trial date has not been set.

In September, a Penobscot County jury awarded Walsh $25,000 in damages after finding that the town violated the state’s Whistleblower Protection Act in 2005 when it laid her off after five years on the job.

The jury, according to a story previously published in the Bangor Daily News, found that Walsh was terminated after making complaints about the unsafe condition of some town snowmobile trails. Walsh claimed that she voiced her concerns to Town Manager Eugene Conlogue, to state Trails Administrator Scott Ramsey and former Town Councilor Matthew Polstein, who was president of Twin Pines Snowmobile Club, a nonprofit organization that the town paid to groom the trails.

Walsh said Polstein cast the deciding vote in a 4-to-3 council decision that eliminated her position by consolidating the town Recreation Department with departments in neighboring Medway and Millinocket.

In granting the new trial, Anderson reversed his earlier decision that just Polstein, rather than all four of the councilors who voted to eliminate Walsh’s position, needed to testify. The judge said in his ruling that as the trial progressed, “it became increasingly important for the defense to call the other counselors to add credibility to the legitimate reasons supporting consolidation, potentially diminishing in the jurors’ minds the likelihood that discrimination was a motivating factor in the decision.”

Anderson also said that instead of watching a videotape of the meeting at which the consolidation was decided, the jury should have heard “in-person testimony [that] could have been more effective and would have provided the defense with an opportunity to present the evidence as it chose, by asking appropriate questions, rather than just listening to the taped remarks.”

Town attorney Dean Beaupain of Millinocket said Friday officials were happy with Anderson’s decision.

“We filed for a new trial because we thought errors were made,” he said. “We are pleased that Justice Anderson granted a new trial and believe we’ll be vindicated after we have a fair trial.”

Walsh’s Bangor attorney, A.J. Greif, who last year attributed the favorable verdict to Polstein’s testimony, was equally confident Friday that his client would prevail again.

“The town, whose insurer will pay every dime of damages in this case,” he said, “has moved from the frying pan to the fire in winning its new trial motion. When a second jury sizes up Matt Polstein and his motives, it is likely to award even higher damages than the first jury.

“The town tried to run away from a jury twice,” Greif continued. “The first time was when it filed its summary judgment motion. The second time was its motion for new trial. But it can’t run from justice, and it can’t hide Matt Polstein.”

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Comments
19 comments on this item
On 3/30/09 at 12:46 AM, BigBoy wrote: Click here to view hidden comment         Repeated separate thumbs down will cause comment to be hidden
On 3/30/09 at 6:50 AM, concerned1 wrote:         Repeated separate thumbs down will cause comment to be hidden

has anyone ever seen Miss Walsh? She had no reason with that job anyway. Iv'e seen Mary in action and she got nothing done while working for the town. On the otherside of the coin whats this going to cost us for the lawyer this time? Hasnt Dean sucked enough money out of us? Lawyers are worse then crooks..

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On 3/30/09 at 7:31 AM, JohnDeereGreen wrote:         Repeated separate thumbs down will cause comment to be hidden

A town whining because they have no money and laid off a recreation director that in turn is suing the town?

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On 3/30/09 at 8:12 AM, JoeCentral wrote: Click here to view hidden comment         Repeated separate thumbs down will cause comment to be hidden
On 3/30/09 at 1:23 PM, ronfromdowneast wrote:         Repeated separate thumbs down will cause comment to be hidden

Waste of the taxpayers money.

It appears like a MAJOR conflict of interest when the Rec Director complains about unsafe snowmobile trails and a town councillor who is paid by the town to groom the trails (was this ever put out for a competitive bid?) casts the deciding vote to oust her.

At the very least, the proper, ethical stance for him to take was to recuse himself.

This is going to open up a big can of worms ands the good old boys network in Millinocket willl have some explainng to do on why a town councillor got the trail grooming position and how long had he been doing it?

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On 3/30/09 at 2:03 PM, movethen wrote:         Repeated separate thumbs down will cause comment to be hidden

These do not go out to bid. They are grants given by the State, and there are conditions that must be met to be able to get this type of grant. It's the same with Rick L up at 5 lakes lodge, no bid needed.

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On 3/30/09 at 2:47 PM, concerned1 wrote: Click here to view hidden comment         Repeated separate thumbs down will cause comment to be hidden
On 3/31/09 at 12:36 AM, MillinocketMarty wrote:         Repeated separate thumbs down will cause comment to be hidden

@movethen >

Wrong! I have no idea where you get your information but it is wrong. The town council awarded the contract to Councilor Matt Polstein. There was no open bid. Money McGibbon raised objections repeatedly about the matter, to no avail. Because when a conflict of interest accusation is raised in Millinocket, the policy is for the person who is being accused to "search his conscience" and answer truthfully. If the councilor says he has none, then none is noted. Crazy huh?

It is about time that the whole state realize what a corrupt and petty little man Matt Polstein is. I am glad that the trial will be redone. Maybe there will be more coverage about how he stalked Mary Walsh and then arranged for her to lose her job with the famous "4 to 3" Polstein vote. It will be interesting to see whether or not the other councilors are willing to lie under oath. I guess Gail Fanjoy would have no compunction but I doubt that Wally Paul would lie to cover for the corruption that is Matthew A. Polstein.

Bring it!

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On 3/31/09 at 12:36 AM, MillinocketMarty wrote:         Repeated separate thumbs down will cause comment to be hidden

@movethen >

Wrong! I have no idea where you get your information but it is wrong. The town council awarded the contract to Councilor Matt Polstein. There was no open bid. Money McGibbon raised objections repeatedly about the matter, to no avail. Because when a conflict of interest accusation is raised in Millinocket, the policy is for the person who is being accused to "search his conscience" and answer truthfully. If the councilor says he has none, then none is noted. Crazy huh?

It is about time that the whole state realize what a corrupt and petty little man Matt Polstein is. I am glad that the trial will be redone. Maybe there will be more coverage about how he stalked Mary Walsh and then arranged for her to lose her job with the famous "4 to 3" Polstein vote. It will be interesting to see whether or not the other councilors are willing to lie under oath. I guess Gail Fanjoy would have no compunction but I doubt that Wally Paul would lie to cover for the corruption that is Matthew A. Polstein.

Bring it!

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On 3/31/09 at 6:39 AM, anne_of_mdi wrote: Click here to view hidden comment         Repeated separate thumbs down will cause comment to be hidden
On 3/31/09 at 7:41 AM, movethen wrote:         Repeated separate thumbs down will cause comment to be hidden

MillinocketMarty,

I am absolutely correct. These do NOT have to go out to bid, most of the money for maintaining the ITS trails are Grants. My statement is absolutely correct. I never even got into the discussion of conflict of interest, I will let you run with that, it was not the intent of my post. You even stated there was "no open bid", so you contradict yourself. I said, "These do not go out to bid". Please put your reading glasses and thinking cap on before you spew from the mouth.

Also, my opinion is the town will win this time around because the jury is going to hear all of the counsilors voting for the consolidation of the Rec. I am sure Polstien will tone it down and not come off as arrogant this time. I am not agreeing one way or the other, I just think the defense has the advantage this time.

have a nice day

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On 3/31/09 at 9:33 AM, QueenElizabeth wrote:         Repeated separate thumbs down will cause comment to be hidden

Hey chalk one up for Justice!

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On 3/31/09 at 9:39 AM, QueenElizabeth wrote:         Repeated separate thumbs down will cause comment to be hidden

Anyone who lives/lived in these communities knows that consolidating the recreation departments was talked about for a long time prior to vote that finally made it so. There were many complaints by parents about the poor programming and general lack of leadership in the Millinocket Recreation department prior to the consolidation and the town manager would never address it. Miss Walsh did not do her job well so she lost it - happens all the time. The difference here is that Millinocket is a breeding ground for conspiracy theories and she jumped on the bandwagon.

Good to see the truth will finally come out - hopefully

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On 3/31/09 at 11:41 AM, mainemom wrote:         Repeated separate thumbs down will cause comment to be hidden

Well said QueenElizabeth.

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On 4/1/09 at 6:30 PM, imright wrote:         Repeated separate thumbs down will cause comment to be hidden

sounds like millinocketmarty does not have his facts straight. These types of grants DO NOT go out for bid. He obviously does not know these people are getting grants for repairs of bridges, etc. I bet he would be pissed, ha. These guys working our trails all deserve a hand, they are doing a great job! Go to any of the snowmobile forums and they rave about our trails.

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On 4/3/09 at 2:11 AM, MillinocketMarty wrote:         Repeated separate thumbs down will cause comment to be hidden

>>sounds like millinocketmarty does not have his facts straight. These types of grants DO NOT go out for bid.

Look it up in the town council minutes. And then you can see where the objections were raised repeatedly that Matt Polstein was awarded the no-bid contract despite an apparent conflict of interest.

It's easy to look up. Why, I'll bet even you can do it!

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On 4/3/09 at 8:08 AM, movethen wrote:         Repeated separate thumbs down will cause comment to be hidden

You really need to read everything closely millinocketmarty. My argument is these grants from the state do not go out to bid. I never once said there was no conflict of interest. That may be the case, I never went there, I said I would save that for you to do. I don't care what the minutes of the meeting say. I will repeat for you again, These do not go out to bid. How much more simple can it get

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On 4/5/09 at 7:03 AM, JohnMcLaughlin wrote:         Repeated separate thumbs down will cause comment to be hidden

Mary Walsh was inept at the job she was "handed". She was never qualified for the position. She got the job because she lived off the welfare of the Town for years and that was about to run out. This job was for someone who knew what to do. Mary had complaints against from parents, the Rec Commission forwarded those to Gene Conologue and he never did anything. Gene failed Mary along with Mary herself.

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On 4/7/09 at 10:01 AM, JoeCentral wrote:         Repeated separate thumbs down will cause comment to be hidden

This is a copy of what was censored above: "I agree with you about the lawyers, but it is the town and likely Mr. Conlogue who are pushing forward with this motion for a new trial. It's also a Dean saving his pal Matt from all that embarrassment. I'm looking forward to attending the next trial. It might be a good show. Mary got rooked though, and Matt used his long arm of the law to do it. He likes to steam roll people not on "his" program. I know."

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