By Brian MacMaster
The creation of the Deadly Force Review Panel was the result of legislation passed in 2019. The original bill, introduced by Rep. Jeffrey Evangelos of Friendship, called for an independent board to review investigations of all officer-involved deaths and to make recommendations to prosecuting attorneys. Concerned with various aspects of the proposal, Attorney General Aaron Frey suggested an amendment, which was ultimately adopted and codified in Title 5, section 200-K.
The amendment created a panel of 15 members, including four ex-officio members—the Commissioner of Public Safety, the Attorney General’s Chief of Investigations, the director of the Maine Criminal Justice Academy, and the Chief Medical Examiner—who can appoint a designee with all rights and privileges of full membership. The other members are appointed by the Attorney General for a three-year term. They include an attorney representing plaintiffs in federal civil rights cases, a municipal police chief, a sheriff, a mental health professional, a representative from a statewide law enforcement collective bargaining organization, a civil rights organization representative, an attorney representing defendants in federal civil rights cases, a criminal prosecutor, and three citizens who have never been sworn law enforcement officers. By law, after the release of the Attorney General’s investigation report and the legal decision regarding deadly force justification, the panel reviews deaths or serious injuries caused by law enforcement officers’ use of deadly force. The goal is to independently assess whether accepted practices were followed or whether improvements are needed. The panel recommends ways to improve standards, including changes to laws, rules, training, and policies to ensure best practices that enhance public and officer safety. The panel’s “Observations” are case-specific bullet points pulled directly from the incident case file and are primarily intended to highlight key information. The panel’s “Recommendations” should be viewed as potential system-level issues to consider during future critical incidents. The panel is not charged with undertaking a de novo review of the Attorney General’s determination regarding the legality of law enforcement’s use of deadly force; the Panel’s discussions and recommendations are independent of the Attorney General.
The panel, which meets monthly and has strong member attendance, is authorized to request necessary and relevant information and records for review. Individuals providing these records or information are not criminally or civilly liable for disclosing them as directed by the panel. The panel may consult with experts and other professionals and discuss necessary information within the scope of these consultations. The panel’s proceedings are confidential, and its records are not public, nor are they subject to subpoena, discovery, or use in civil or criminal cases. The Legislature may inspect and review the records under conditions that safeguard against further disclosure. The Attorney General must disclose the panel’s conclusions but cannot reveal otherwise confidential information, records, or data. The panel is required to submit a report on each reviewed incident and annual summaries of its activities to the Judiciary Committee of the Legislature. To date, the panel has reviewed 50 cases involving law enforcement use of deadly force and has issued public reports with observations and recommendations. These reports are widely distributed to the law enforcement community and are publicly available on the Attorney General’s website. The panel is currently preparing its sixth annual report.
Under a law that took effect on October 18, 2021, the Attorney General must complete an investigation and submit the findings to the panel within 180 days of the incident. If the investigation cannot be finished within that timeframe, the panel can extend the deadline by up to 90 days, provided the Attorney General notifies the panel before the 180-day limit, offers a summary of the investigation so far, explains the reason for the delay, and gives an expected date for the investigation and findings to be completed.
Current Panel Members (four vacancies)
Members of the panel and staff serve without pay or reimbursement for expenses. They are appointed to apply their professional expertise to the review of these complex cases. Therefore, a panel member may be aware of or have had contact with individuals involved in the case being reviewed. In such cases, the member reports these relationships to the panel, and this information is documented in the meeting minutes. If the member determines they have a conflict of interest, they must recuse themselves from voting on the panel’s findings and recommendations for that case.
Stephen Burlock, Esq., Assistant District Attorney (Retired), Chair
Benjamin Strick, Spurwink, Vice Chair & Secretary
Michael Alpert, President, Greater Bangor Area Branch NAACP
John Chapman, Esq.
Jack Clements, Chief of Police, Saco
Joshua Daley, Maine Criminal Justice Academy
Fernand Larochelle, Citizen Member
Anna Love, Chief, Attorney General Investigations
Joel Merry, Sheriff, Sagadahoc County
Michael Sauschuck, Commissioner, Department of Public Safety
Sandra Slemmer, Office of the Chief Medical Examiner
Brian MacMaster, Staff