Three Shelter Islanders faced Southold Justice Court Judge William Price Jr. Friday, June 6, in what’s expected to be a final settlement of marijuana charges brought against them last January.
The case had been transferred out of Shelter Island Justice Court to avoid conflicts of interest with defendants well known to the local judges.
Former Shelter Island Justice Court clerk Beverly Pelletier, 65, was granted an adjournment in contemplation of dismissal (ACOD). This means that charges against defendants who have no criminal record can be dismissed for a period of time, and if the defendants have clean records in that period, the case is dismissed without a conviction or probation
Ms. Pelletier ACOD is for six months for a misdemeanor charge of fifth-degree possession of marijuana.
Adam Thilberg and Maximilian Pelletier, both 20, were granted ACODs on charges of criminal possession of marijuana in the fifth degree for one year.
The charge of unlawful possession of a .22-caliber pistol brought against Mr. Pelletier was dismissed outright because the gun was found to be inoperable.
Defense attorney Edward Burke Jr. said it would be the responsibility of the Suffolk County police laboratory, not Shelter Island Police, to check that the gun was operable before going forward with the charge. In determining that the gun wasn’t operable, the Suffolk County District Attorney had to dismiss that charge, Mr. Burke said.
Shelter Island Police Chief James Read said there were no problems with the search warrant or gathering of evidence that led to the arrest of the three at the Pelletier home where he said there was an 8- by 8-foot room in the basement with marijuana plants and scales, indicating that marijuana was being harvested.
An adjournment in contemplation of dismissal is not unusual for people who, like the defendants, have no prior record, according to the Suffolk County District Attorney’s spokesman, Robert Clifford.
Mr. Pelletier had been free on $200 bail while Ms. Pelletier and Mr. Thilberg had both been free on their own recognizance pending resolution of the case.
Ms. Pelletier resigned her job with the Shelter Island Justice Court in the wake of her arrest.