The state rested its case in the trial of Ogunquit’s former town manager on Monday.
The trial of Thomas Fortier vs. the Town of Ogunquit continued Tuesday as the defense was scheduled to make its case. The trial is being held in York County Superior Court, presided over by Judge Jeffrey Moskowitz.
Fortier is facing two Class E misdemeanor charges alleging he took money from the town illegally. He has entered a plea of not guilty.
Fortier was charged with theft by unauthorized taking or transfer and official oppression related to allegations that he took money on July 4, 2016, after charging for parking in a lot where parking is free after 4 p.m., and reportedly keeping the money instead of turning it over to the town.
The charges were brought forth by Wells police after Ogunquit town officials turned the case over to them to avoid any conflict of interest.
In his opening statement, Assistant District Attorney Joshua Saucier, representing the state, said it was their intention to show that those acts did take place on July 4, 2016.
“You will hear from two brothers, who took the money at the lower parking lot and turned it over to Tom Fortier,” said Saucier. “Money, he then put in his pocket when he knew he had a duty to turn it over to the town.”
Saucier said the brothers, ages 16 and 18 at the time, were employed by the town’s administrative services and were sent to the lower parking lot to save spaces for a person scheduled to sing the national anthem, and volunteers for town activities that night. The volunteers never showed up and later, the brothers testified that Fortier instructed them to let cars in the lot and charge $20 per car.
“Later, he offered them some of the money and the brothers refused,” said Saucier.
Attorney Bruce Merrill, representing Fortier asked the jury to hear all testimony before reaching a decision.
“There are two sides to every story,” said Merrill. “The state gets to present their case first. I am asking you not to form a judgment until you hear both sides.”
When it came time for the brothers to testify, their stories were mostly consistent with each other’s. They talked about being sent to the lot to save parking spaces. Then they said they were told to collect money. Parking was not part of the brothers’ job description as they worked for administrative services, meaning they reported to Fortier on work on the grounds, the beaches and picking up trash. Another department, visitor services, handles management of the town’s six parking lots.
When questioned by Merrill, the boys were adamant that they charged money for the cars and gave the money to Fortier. They were not clear on how many cars there were, or for how long Fortier was present at the lot.
“You did not tell anyone about what happened until the police approached you on Aug. 3,” asked Merrill. One of the boys said he thought he had told his parents.
Ogunquit Police Sgt. Sean Fay was on duty on July 4, 2016 and at one point went to the lower lot. He said he saw the two boys, in orange town T-shirts, and Fortier, wearing an orange safety vest.
“I thought it was odd for there to be so many people there,” said Fay. “Usually on the Fourth the lot is barricaded off. My understanding is that parking was supposed to be free after 4 p.m.”
Lead investigator on the case is Wells Detective Chad Arrowsmith. His testimony included two body cam videos produced in interviews with Fortier. In them the former town manager denied knowledge of any money changing hands for parking spaces.
Ogunquit Police Chief Patricia Arnaudin later testified that, in a meeting with Fortier about the complaint against him, he told her, “I am not going to call the kids liars; I bring this s—- on myself.”
Merrill countered with a small bombshell of his own. He brought out that the then acting town manager Mark O’Brien, had a copy of the report filed by Fortier, his statement of the events. He said that when Arnaudin wanted to see the report O’Brien told her to go test drive his new truck, because the report was in it.
Arnaudin did not deny the incident. She said she felt she had a right to see the report because she had been told by O’Brien that she was mentioned in the report, not in a good way.
“Here is the report and a red marker,” said Merrill. “Find where it names you and mark it.”
Arnaudin could not, but said there was mention of the police. And Fortier had called her in to his office to indicate the selectmen were suggesting she retire.
Arrowsmith testified that he used to be a federal law enforcement officer, as a securities expert. He said he was asked to do the investigation and determined that if Fortier had collected money it should have been turned over to the town treasurer or to the chamber funds. Neither was done.
Both parties agreed to the stipulation as fact that no money was turned over by Fortier. They also agreed the parking lot was town owned, items Judge Moskowitz said the jury can use as evidence beyond a reasonable doubt when they deliberate.
Wells police issued a press release in August, asking anyone who had been charged for parking on July 4 in the lot to come forward. They also put it on the department’s Facebook page. No one came forward in response.
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