INDIAN TOWNSHIP POLICE DEPARTMENT

443 US Route #1 P.O. Box 301 Princeton, ME 04668-0301 (207)-796-5296/fax 796-5152 E-mail: [email protected]

Chief of Police – Matthew Dana II

Testimony in Favor of LD 272 “An Act to Establish Separate Prosecutorial Districts in Downeast Maine”

Good Morning Senator Carney, Representative Harnett, and the other distinguished members of the Joint Standing Judiciary Committee. My name is Matthew Dana II. I started my law enforcement career in 2001, with the Passamaquoddy Warden Service. I have held various ranks from Game Warden, up to the Chief Warden for the Passamaquoddy Tribe. I am currently the Chief of Police for the Indian Township Police Department, and have been for approximately a year and a half.

I am here to testify In Favor of LD 272. I believe that having a Washington County Prosecutorial District separate from Hancock County, not only benefits the Passamaquoddy Tribe, it would greatly benefit Washington County as a whole. Washington County has the highest population density of Native Americans in Maine. Roughly 1800 persons or nearly 6% of the population of Washington County is Native American.

The Passamaquoddy People have lived in this area, now currently known as Washington County, Maine and parts of New Brunswick, Canada, since time immemorial. There are two Passamaquoddy Reservations within Washington County. Sipayik, or Pleasant Point, is located on Passamaquoddy Bay near Eastport and Motahkomikuk, or Indian Township, is located inland on the shores of the western branch of the St. Croix River system. Both Reservations have own Police Departments and court systems.

The Passamaquoddy Tribal courts have civil and misdemeanor jurisdiction over tribal members only. The defendant and victim have to a member of the Tribe for the court to have jurisdiction over the matter. The offense also has to be a Class D or E misdemeanor. In any other case, if the offender is a non-tribal member or the victim is a non-tribal member, or any felony charge, they are sent to the Maine District or Superior Courts. Sometimes in the same case, charges can be brought both to the Passamaquoddy Tribal Court and the Maine District Court for the same defendant on the same incident.

The complexity of the Maine Indian Land Claims Settlement Act and the Maine Implementing Act, in regards to the jurisdiction within the Indian Territory, can be hard to grasp if you don’t live it every day. This is why I feel it is very important for Washington County to have its own Prosecutorial District. To have Assistant District Attorneys and the District Attorney who deal with these types of cases on a frequent basis, would greatly benefit Washington County and the Passamaquoddy Tribe.

A little over a year ago, I had spoken to an ACA in regards to a case, where the defendant would be charged both in Passamaquoddy Tribal Court and Maine District Court for the same incident. After explaining the facts of the case and why some charges would be brought to the Tribal Court and some to District Court, their response was “that is why I hate tribal cases”. I don’t mean to speak ill of anyone, but just wanted us the example to show why a local and separate Prosecutorial District is important from the Passamaquoddy Tribal perspective. Their intent was not to speak badly of tribal jurisdiction, I believe it was to express their frustration of the overlap of jurisdictions. They did not deal with tribal cases frequently enough to adequately understand the intricacies of Maine Indian Law. This is but one example of many instances where a local DA would be beneficial.

There are many instances where I have had to educate as to why and where charges are to be handled. With Washington County having the highest density of Native Americans as compared to any other County in Maine. And having 2 out of the 5 of the Federal Indian Reservations of Maine located in Washington County. And having to frequently deal with the overlaps of Tribal and State court jurisdictions, are the reasons why we feel the separating the Prosecutorial District in Downeast Maine is crucial to improving the Criminal Justice System in Washing County.

Thank you for your time. I am happy to answer any questions you may have.