Police end Cole text probe, but resident still irate

Outgoing Selectman and Assistant Rescue Chief Jason Cole

LEBANON - An investigation by State Police into what selectmen have termed “serious ethical allegations” made by a resident against outgoing Selectman Jason Cole may have run its course, but the man whose nephew was allegedly harassed over his car’s New Hampshire registration is far from satisfied and says he’s not dropping the matter anytime soon.

David Shaw of Lebanon says that in September Cole sent a text to a family member that said if his nephew didn’t get his car registered in Maine he would be summonsed for a court date and have to pay a $1,000 fine.

The nephew’s parents live in Conway and he was living with Shaw while attending the University of New Hampshire in Durham, because it was an easier commute to class.

“We’re sitting in the house and (a family member) calls my nephew outside,” Shaw said. “When he came back in 10 minutes later he’s crying. He said he was going to lose his instate tuition, because he had to register his car in Maine or face a $1,000 fine.”

Shaw said the text was from Cole. Shaw said he was furious and went to the Town Offices on Upper Guinea Road on Sept. 30 to file a complaint. Selectmen Karen Gerrish and Ben Thompson were having a scheduled afternoon selectmen’s meeting (Cole was absent) and spoke with Shaw after he filled out the form.

The meeting minutes term the nature of the complaints as being “serious ethical allegations” regarding Cole.

Maine State Police Sgt. Jonathan Shapiro was notified and began an investigation into the allegations; however, the probe stalled because he said the text in question had been deleted. Shapiro noted on Thursday that even though it may have been deleted a forensic analysis could determine if it did exist and whether it represented anything illegal.

For the police to initiate such a forensic study they would have to show probable cause and get a search warrant which isn’t likely at this point, said Shapiro, who noted that Cole’s phone was said to be registered to the town.

Shapiro said that Gerrish has stated that the town is not interested in pursuing the matter on their end, so that he will be closing the file after which trooper’s notes on the investigation – with names redacted - will be available to the public.

Shapiro said during the investigation there was some confusion as to whether the text Cole allegedly sent was a personal one sent to the family member in question, or if it was a text sent to several associates of Cole.

He also said there was some information regarding the text that led troopers to investigate whether it said State Police were initiating the summons against the nephew. That, Shapiro said, is simply not the case. While State Police do have the power to institute such proceedings, Lebanon is in the process of putting a constable into place to enforce such laws.

As far as the nephew, State Police Troopers assured him that his staying with his uncle while attending classes at UNH in no way would force him to transfer his registration to Maine, and that if such a text were sent, it was ill-advised and unfounded.

Shaw is far from reconciled with the distress the situation caused his family.

“I’m not done with it,” he said, adding the phone being used by the family member was in his name and he would attempt to recover the text, himself.

Cole, asked by email to comment on the allegations, wrote back, “I have a restraining order against Mr. Shaw and will not comment … But if you got info, I am anxiously awaiting to see it so I can bring it to court.”

Emails to Gerrish and Thompson were not immediately returned.