Bernier, as trial looms, says Police violated rights

Michael Bernier (courtesy photos)

MILTON – The former selectman candidate who faces a year in jail in a criminal threatening case said Wednesday Milton Police have been out to get him for years and he is considering a variety of legal options, including suing the department for allegedly depriving him of his rights.

Michael Bernier, 48, of Felker Drive, who garnered about 30 percent of the town vote in elections last month, said the town’s police department has been out to get him for more than a decade.

He said he’s looking for an attorney to handle his civil rights case.

Bernier faces trial later this month in Rochester District Court on two counts of criminal threatening and one count of disorderly conduct. The criminal threatening incident involving a domestic disturbance that occurred Jan. 1 is a Class A misdemeanor, punishable by 12 months in county jail, so Bernier has been given a public defender to represent him in that case.

Milton Police Chief Richard Krauss

The other two counts are misdemeanor B, both punishable by stiff fines but no jail time.

About a month after the January incident, Milton Police were called to a disturbance at the corner of Felker Drive and Jackson Street. When they arrived they found Bernier in an altercation with a neighbor, and after investigating the incident, Bernier was charged with disorderly conduct, Milton Police Chief Richard Krauss said last week.

Krauss said the criminal threatening charge stems from the February incident for threatening remarks and gestures Bernier is alleged to have made to the arresting officer, including making a “throat slashing” gesture and mouthing “you’re dead” as he was being booked at Strafford County House of Corrections.

Bernier, a 10-year Air Force veteran, denies making the gesture and says if he were angry at the officer it should have for the most part been overlooked since it was only a normal reaction after he says he was wrongly arrested.

He said during the altercation with the neighbor he had been punched in the face, but was never offered medical care. He also said he had to spend the weekend in jail in a filthy cell with no heat. He said longtime police harassment has effectively deprived him of his rights.

Bernier said he had been in contact with the State Attorney General’s office and a letter had been sent to Krauss asking for his explanation of the incident that day and also stating Milton Police were to have no contact with Bernier except for official business.

Krauss, however, said he had received a letter from the Attorney General, but that it only apprised him of Bernier’s letter “for whatever action I may deem appropriate,” the chief said. He said it did not ask for an explanation of the incident from the department.

Krauss also said there was no mention of any “no contact” order within the letter and that it was Bernier – as part of his bail release – who was told to have no contact with the arresting officer of Feb. 2 except as for official police business.

Krauss refused comment on details of both the Jan. 1 and Feb. 2 incidents as an April 15 trial is approaching.

Krauss said Milton PD had had “prior contact with Mr. Bernier for several years.”