Lovell woman found guilty of stealing pills during Bar Harbor house tour

By Bill Trotter, BDN Staff
Posted June 14, 2012, at 3:15 a.m.

ELLSWORTH, Maine — A Lovell woman accused of stealing drugs from a house in Bar Harbor that was being shown to her by a real estate agent has been found guilty in Hancock County Superior Court.

Erin McCarthy, 35, was charged with stealing and possession of drugs, each a Class C felony, after police found 15 Percocet pills in her possession after the incident on Feb. 23, 2011. McCarthy was accused of taking the pills from a prescription bottle in the home, which is located near Mount Desert Island Hospital.

The real estate agent who was showing the house to McCarthy grew suspicious of McCarthy’s behavior during the tour and, after it was over, called police. They found her about 10 minutes later walking on Kennebec Street and, after they stopped her, she confessed to having taken the pills, police said at the time.

Stealing drugs and unlawful possession of drugs are Class C crimes, which are punishable by up to five years in prison and a fine of up to $5,000.

A jury of eight women and four men found McCarthy guilty of both charges at the end of a daylong trial Monday in Hancock County Superior Court. McCarthy, who was living in Bar Harbor at the time of the incident, is due to appear back in Superior Court for sentencing on June 25. Until then, she remains free on unsecured bail of $2,500, according to court documents.

McCarthy’s defense attorney, Hunter Tzovarras of Bangor, tried to have McCarthy’s sidewalk confession to police suppressed on the grounds that she effectively was in custody when they stopped her but they failed to read her Miranda rights to her. Justice Ann Murray denied the motion to suppress on April 14, saying that McCarthy was not in custody when she made her supposed confession.

Tzovarras and the prosecutor in the case, Assistant Hancock County District Attorney William Entwisle, could not be reached by phone Wednesday for comment.

Follow BDN reporter Bill Trotter on Twitter at @billtrotter.

http://bangordailynews.com/2012/06/14/news/hancock/lovell-woman-found-guilty-of-stealing-pills-during-bar-harbor-house-tour/ printed on November 26, 2014