Friday, December 9, 2022

Suspension For Destroying Evidence

The Maine Supreme Judicial Court has filed an amended sanctions order imposing a suspension of nine months

In this matter, Attorney Alves violated duties to the public and to the profession. She knowingly destroyed evidence during the course of a criminal investigation, thereby committing criminal conduct. At the time she engaged in this conduct, she was an assistant district attorney and should have been well aware of the seriousness of her conduct.

The court found the standard for imposing disbarment had not been met

Here, Alves deleted text messages which were evidence relevant to an ongoing criminal investigation. She was not charged with the substantive crimes which were the subject of that investigation, however, and she has no prior disciplinary history. Importantly, she also was not responsible as an assistant district attorney for the matter under investigation. Her conduct does not rise to the level of the conduct set forth in Standard 5. 1 1, and, therefore, suspension is generally appropriate.

WABI tv reported on the criminal case

A former Franklin County assistant district attorney was sentenced Wednesday for her role in a $13 million marijuana operation in western Maine.

36-year-old Kayla Alves will serve two years of probation and was assessed a $2,000 fine.

She pleaded guilty in March to tampering with documents.

According to court records, in July 2020, while Alves was employed as an assistant district attorney in the Farmington office of the Franklin County District Attorney’s Office, she deleted text message conversations between her and former Franklin County Deputy Sheriff Bradley Scovil.

The deleted messages showed that Scovil had repeatedly asked Alves to use her position to find out if he was under investigation by law enforcement.

Alves was among 13 people charged in connection with the marijuana and alleged money laundering operation, including law enforcement officers and elected officials.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2022/12/the-maine-supreme-judicial-court-has-filed-an-amended-order-in-this-matter-attorney-alves-violated-duties-to-the-public-and.html

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