ELLSWORTH – The attorney representing a man accused of stealing thousands of dollars from area businesses in a kiosk advertising scheme has filed a motion to suppress evidence in Hancock County Superior Court.
Allen Barber was improperly stopped by police when they pulled his car over in December as he was driving in Woodbury, Minn., according to Ellsworth attorney Jeff Toothaker. As a result, all evidence resulting from that stop should be suppressed, Toothaker said in Superior Court documents.
“Mr. Barber’s vehicle was illegally searched by police,” Toothaker wrote in his motion. Police in Minnesota also did not have probable cause when they stopped Barber, he stated.
Toothaker did not return a message left Friday afternoon at his office.
Barber was stopped Dec. 3 for a traffic infraction and did not have a driver’s license or registration papers for his car, an official with the Washington County (Minn.) Sheriff’s Department has said.
After stopping Barber, Minnesota officials learned he was wanted in Maine and held him until the end of January, when he was extradited to Hancock County.
As of Friday, Justice Andrew Mead, the presiding judge in Barber’s case, had not filed a decision on Toothaker’s motion.
Barber, 39, of Kennebunk is accused of taking thousands of dollars from businesses in Hancock County while promising to provide advertising space on a newspaper display kiosk he said he would erect at a Shop ‘n Save supermarket in Bar Harbor.
Business owners approached local police agencies last spring after they had given Barber money and never heard from him again. Barber has been accused of similar scams in other parts of Maine and New England, according to police.
Since Barber was indicted last month by a Hancock County grand jury, two other motions in his case have been filed – one that was granted and one that was denied.
Last week, Justice Andrew Mead granted Toothaker’s request for $1,000 to hire a private investigator. Toothaker argued in court documents that “identity is an issue” in Barber’s case and that a private investigator would greatly help in interviewing witnesses.
Mead, however, denied a request from Barber to schedule a bail reduction hearing. Barber is being held at the Hancock County Jail in Ellsworth on bail of $50,000 surety or $10,000 cash.
“I have been in jail since Dec. 3rd and it has had a devastating [e]ffect on the mental stability of my wife,” Barber wrote in the request. “She is currently supporting our 10 children by herself as I have always been the sole financial supporter of my family.”
Barber wrote that he should be allowed to tend to his family and gather evidence to prove his innocence while he is awaiting trial.
People who claim to have given Barber money said he was very professional in his approach. He scheduled appointments ahead of time, wore a suit and provided them with business cards and references.
Businesses in the area allegedly scammed by Barber – most of which are in Bar Harbor – include three eateries, a video store, kennel, drugstore, boat company, sewing business, massage therapist, heating and plumbing business, Realtor, bank, church and law firm.
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