Sunday, March 9, 2014
(Continued from page 1)
On Oct. 2, 2013, Marshall Swan, 56, was convicted by a jury of five counts of filing false income tax returns for the years 2006-2010. The Swans filed their returns jointly.
Both Swans remain free on bail pending sentencing, and while presentencing conferences for both Swans are scheduled to take place over the next few weeks, no date has been set for sentencing hearings.
The defense attorneys – Leonard Sharon, who represents Carole Swan; and Walter McKee, who represents Marshall Swan – will file their own sentencing memos on behalf of their respective clients. Sharon did not respond to an email request for comment.
On Tuesday, McKee said, “We intend to vigorously contest the suggestion that Marshall Swan engaged in any of this conduct involving Frank Monroe.”
Clark’s memo says the Swans’ sentences should be enhanced for obstruction of justice for “threatening, intimidating, or otherwise unlawfully influencing a ... witness ... directly or indirectly, or attempting to do so,” committing perjury and giving false information to a judge.
Clark also says the same confidential informant was talking to Marshall Swan in September 2013 about damaging Monroe’s equipment, and Marshall Swan told him that he and Carole were staying together at her sister’s house “and that the whole thing in court with the abuse and them not living together was a show.”
The same informant also told authorities that while Carole Swan “turned in Doris Reed for stealing money from the Chelsea Town Office,” Swan was involved as well.
Reed, a former Chelsea assistant town manager and tax collector, was sentenced in October 1997 to eight years in prison with all but four suspended for embezzling more than a quarter-million dollars of the town’s vehicle excise tax money from 1988 to 1992. She later died.
Clark also wrote that Carole Swan “made no mention of being a battered spouse” when she initially was questioned by Kennebec County Sheriff’s Office deputies after she was found with a sting package they had given to Monroe.
Carole Swan’s trial was severed from Marshall Swan’s when she indicated her defense would be that if she committed any crimes, it was because of domestic abuse Marshall Swan had inflicted on her throughout their relationship, beginning before their marriage in 1984.
Clark cited a note from Magistrate Judge Margaret Kravchuck, who found that Carole Swan’s testimony at a suppression hearing “highly strategic in nature and less than reliable.”
Swan testified at that hearing that she could read little beyond numbers.
Clark countered that claim in his memo: “She reads and writes well enough to have graduated from high school, been employed as a rural mail carrier and been a selectman in Chelsea for 19 years. She was also capable of reading contracts and transcripts during the trial, at least when her counsel was asking her to do so.”
Clark also said Carole Swan lied about her whereabouts during the trial, denied owning a horse racing business operated by her brother despite claiming tax losses for it, and lied about being unable to work when she was the full-time bookkeeper for Marshall Swan Construction.
The prosecutor says Carole Swan pressured people, including town officials, to give road work to her husband and, contrary to what she claimed, was not investigating Monroe for allegedly shortchanging Chelsea when he delivered sand; “she was extorting money from him, as the jury found.”
“She was not 100 percent disabled as she claimed, but was self-employed and involved in numerous business activities and capable of scurrying down the crater left in Chelsea by the Patriot’s Day Storm.”
Clark does not suggest any specific length of prison term for either Swan.