ALFRED — A former Maine legislator who admitted he submitted false receipts for goods and services associated with his election campaign will be spending the next six months in jail.
David R. Burns, 44, of Alfred, entered guilty pleas Thursday to misdemeanor forgery and theft charges. He is scheduled to report for custody at 9 a.m. Monday after York County Superior Court Justice Paul Fritzsche granted a stay of the jail sentence until then.
Burns, a Republican, had represented House District 138 ”“ Alfred, Limerick, Newfield and Shapleigh ”“ for little more than a year before resigning his House seat Jan. 31. He was indicted a week later and resigned as Alfred selectman at that time.
Burns entered guilty pleas to six charges: Three counts of theft and three counts of forgery, at York County Superior Court Thursday morning. A felony theft count was dismissed, along with misdemeanor charges that Burns misused entrusted funds and committed violations of Maine’s statutory election laws ”“ namely, submitting false reports under the Clean Elections Act.
Fritzsche sentenced Burns to 364 days in jail, with all but six months suspended, and one year of administrative release following the conclusion of his jail sentence, with the condition he pay $2,384 in restitution. Fritzsche called administrative release “probation without a probation officer,” and said if Burns violated the terms of release, he could be required to serve the remainder of the 364 days of his sentence in jail. The $2,384 restitution is, for the most part, associated with mileage Burns claimed as a candidate.
The criminal charges against Burns, handed up by a York County Grand Jury in February, came after the Maine Commission on Governmental Ethics and Election Practices found Burns violated eight campaign finance laws and referred the matter to the attorney general’s office. The ethics panel found Burns transferred Clean Elections funds from his campaign account to his personal account to pay for non-campaign related bills and expenses.
The forgery charges to which Burns pleaded guilty Thursday referenced receipts purportedly from Oak Street Bistro in Alfred for $250, $135 to Waterboro House of Pizza, $330 to Current Publishing and $146 to Home Depot. A letter referencing receipt of $475 for sign-making was also among the forgeries. The letter’s purported author last fall told the Maine Commission on Governmental Ethics and Election Practices that he didn’t make the signs, didn’t receive any money and didn’t author the letter saying he did.
At the hearing, Assistant Attorney General Leanne Robbin drew an analogy to the William Walcott case. Walcott, a Lewiston Democrat, was sentenced to six months in jail in 2008 after admitting he stole public campaign money during Maine House races in 2004 and 2006. Walcott resigned from the Legislature in 2007 during the probe of his campaign finances, according to the Associated Press.
Burns was elected to the Statehouse in November 2010, beating out Democrat Diana Waterman by 161 votes.
Attorney General William Schneider issued a statement late Thursday afternoon.
“This six-month sentence sends a strong message to potential Clean Election candidates,” said Schneider. “Public campaign funds must be used strictly for election expenses and those expenditures must be well-documented. Legislators have a special duty to tell the truth in response to ethics commission inquiries. Using lies and deception to avoid responsibility is never acceptable, but this conduct by an elected official is particularly egregious.”
Outside the courtroom following the hearing, Burns, surrounded by his family, declined to comment.
Asked why his client chose to admit his guilt, attorney William Logan deferred comment to Robbin, the prosecutor.
“The evidence was overwhelming,” said Robbin after the court hearing. “And good for him to take responsibility.”
— Senior Staff Writer Tammy Wells can be contacted at 324-4444 (local call in Sanford) or 282-1535, Ext. 327 or twells@journaltribune.com.
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