Eastport man gets 6 years for OxyContin sale

ELLSWORTH – An Eastport man convicted of illegally selling two OxyContin pills to a police informant was sentenced Friday to six years in prison.

Earl Marsh, 50, was found guilty last December in a jury trial of trafficking in drugs for selling two 40-milligram OxyContin pills to a man with whom he traded drugs on a regular basis, according to officials.

The Eastport man became addicted to the drug after suffering a work-related injury.

In handing down the sentence, Justice Andrew Mead, sitting in Hancock County Superior Court, pointed out that OxyContin was not intended for extended use and criticized doctors who regularly prescribe the drug to certain patients.

“The medical community has done an injustice to society by trying to use them as treatment for ongoing pain,” Mead said.

The conviction was the second drug offense for Marsh, who was convicted in 1985 of conspiring to possess and distribute hashish, according to Assistant Attorney General Matthew Erickson.

During his sentencing hearing, Marsh told the judge he knew he had done the wrong thing and that he wanted to turn his life around.

“I know I made a terrible mistake,” Marsh said. “I’m not a mean person. My problem is that I go out of my way to help people.”

Marsh said he routinely traded drugs with the informant, who was a known user of painkillers, when he had pills and the other man did not and vice versa. He said he found it odd when the informant showed up one day and offered him money for OxyContin.

Marsh was one of 17 people arrested in February 2000 when local, county, state and federal law enforcement officers conducted a two-day drug sweep of suspected drug dealers in Pleasant Point, Indian Township, Eastport and Princeton.

Marsh’s attorney, David Mitchell of Calais, said Marsh became addicted to painkillers after getting a medical prescription for a back injury he sustained while working construction in 1995.

In order to support his habit, Marsh started “doctor-shopping” and regularly obtained painkiller prescriptions from as many as four doctors, none of whom knew what Marsh was up to, according to Erickson.

At the height of his habit, Marsh was getting prescriptions for an approximate total of 240 pills each time he made his rounds to his doctors and pharmacies, the defense attorney said.

“Even for an addict, that would be a lot to use,” Erickson said.

Justice Mead said he agreed with Erickson that Marsh’s criminal record, which includes at least one conviction for operating a motor vehicle under the influence of intoxicants, indicates the Eastport man was not suited for supervised probation.

Though Mitchell asked Mead for a four-year sentence for Marsh and Erickson asked for 12, each attorney said he was satisfied with the six-year sentence.

“I think it sends a good message that these are serious crimes,” Erickson said.

Mitchell said Marsh has decided not to appeal the conviction.