
ALFRED — A trial for a Buxton selectwoman accused of assaulting a town employee has been rescheduled. The trial was to begin this week. Instead, she will next appear in court in July.
Jean Harmon, 55, vice chairwoman of the Buxton Board of Selectmen, was issued a summons on Nov. 8 by Saco Police for allegedly assaulting Solid Waste Manager Gregory Heffernan on Town Hall property on Oct. 3, according to court documents.
Harmon had been tentatively scheduled to begin trial on Tuesday, however, according to the Superior Court Clerks Office, the trial is no longer scheduled to begin this week.
She is now scheduled to go to court next on July 15 for a continuation of a conference. If the matter is not resolved, a new trial date could be set.
Harmon’s attorney, Michael Ayotte, stated in court document that Harmon and Heffernan had a friendly, joking, working relationship where he often took his hat off, bowed his head and had her “Gibbs Slap” him – the slap is named for a character on the TV show “NCIS” who often slaps his staff members on their heads. Ayotte said that Heffernan had never previously complained about the “Gibbs Slaps” or asked her to stop.
Ayotte had requested the court dismiss the charge should Harmon be found guilty, under de minimis infraction. Under state law, a case is dismissed under de minimis if the court finds “ the defendant’s conduct was within a customary license or tolerance, which was not expressly refused by the person whose interest was infringed and which is not inconsistent with the purpose of the law defining the crime, did not actually cause or threaten the harm sought to be prevented by the law defining the crime or did so only to an extent too trivial to warrant the condemnation of conviction; or presents such other extenuations that it cannot reasonably be regarded as envisaged by the legislature in defining the crime.”
Harmon has been a member of the Buxton Board of Selectmen for 17 years. Her current term ends in June 2020.
The Buxton Town Charter states that a member of the Board of Selectmen must forfeit their seat if they are convicted of a crime or offense punishable by a term of imprisonment for more than six months.”
Assault is a Class D crime, punishable by up to 364 days incarceration and a $2,000 fine.
— Staff Writer Liz Gotthelf can be reached at 780-9015 or by email at egotthelf@journaltribune.com.
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