By Erin Smith, Lowell Sun
DRACUT — Although its been nearly seven years, the thieves who stole $80,000 worth of marijuana from a locked police-evidence storage trailer in April 2003 aren’t necessarily off the hook for the crime and could still face charges in court.
The statute of limitations to prosecute anyone in the case through the Middlesex District Attorney’s Office expired last year, but the rules are different for federal court, according to Alfred Donovan, Tewksbury’s recently retired police chief.
The U.S. Attorney’s Office has four to five more months to bring charges against any suspects related to the case, according to Donovan, who has been conducting an internal investigation into the drug evidence theft for Dracut Police Chief Kevin
Retired Tewksbury Police Chief Al Donovan, left, speaks to the Dracut Board of Selectmen about the ongoing marijuana-theft investigation last night as Dracut Police Chief Kevin Richardson listens. SUN / JULIA MALAKIE
Sun staff photos can be ordered by visiting our MyCapture site. Richardson since 2008.
But it’s unclear whether anyone will actually be prosecuted for the drug theft or whether Donovan will name any suspects when he releases his findings in the coming weeks.
Donovan told selectmen last night that he recently shared his evidence with a federal agency, which is conducting a separate, related investigation into the matter. Donovan has refused to name the agency or say what the investigation involves, saying he doesn’t want to compromise the case or hundreds of investigative hours.
The federal agents are reportedly poised to decide within the next few weeks whether to launch a full-scale investigation into some aspect of the case, according to Donovan. That’s when Donovan will release his findings in the internal investigation — whether or not the agency decides to investigate, he said.
The Middlesex DA had previously presented evidence in the case to a grand jury, but criminal charges were never brought against anyone for the drug theft, according to Donovan.
“I believe at some point there was enough evidence to charge someone,” said Donovan.
Donovan said the district attorney’s office may have been reluctant to prosecute the case at the time because of
Dracut selectmen, from left rear, Robert Cox, James O’Loughlin, George Malliaros and Joseph DiRocco Jr., listen as Dracut Police Chief Kevin Richardson, left foreground, and retired Tewksbury Police Chief Al Donovan speak about the ongoing marijuana-theft investigation last night. SUN / JULIA MALAKIE
Sun staff photos can be ordered by visiting our MyCapture site. credibility problems with witnesses who were either drug addicts or involved with drug activity.
Selectmen Chairman George Malliaros said he thought the district attorney may have also been reluctant to prosecute police officers with the crime.
But Donovan has hinted that police personnel, as well as people involved in drug activity, could be involved in the case, but has refused to be more specific ahead of the report’s release.
Donovan had originally been scheduled to release his findings in the internal investigation prior to his Dec. 19 retirement as Tewksbury’s police chief and control chief for the North Eastern Massachusetts Law Enforcement Council, but blamed the delay on the federal investigation.
In 2008, after years of dead-end investigations at the Middlesex District Attorney’s Office, Richardson launched an internal probe and enlisted the help of NEMLEC, which conducted lie-detector tests and interviews with suspected drug dealers.
Although he is retired, Donovan is expected to finish the Dracut investigation.