ELLSWORTH — A Surry man charged with drug trafficking after a Feb. 6 search of his residence is being held without bail pending a hearing.
District Attorney Matt Foster filed a motion Feb. 7 to revoke bail, which had previously been set for Adam J. Fitzherbert, 53. Judge Michael Roberts ruled that Fitzherbert should be held.
The Maine Drug Enforcement Agency and an agent from the U.S. Department Food and Drug Administration searched Fitzherbert’s residence with assistance from the Hancock County Sheriff’s Office.
“Soon after the search of the residence began, the defendant offered to ‘speed up’ the search process by telling agents that there were approximately 100 pressed Fentanyl pills … in his bedroom,” Foster stated.
Police found 91 pills in a watch box in Fitzherbert’s bedroom, according to an arrest narrative written by Deputy Brian Archer.
Foster wrote in his motion, “…there is clear and convincing evidence that the defendant has committed the crimes of unlawful trafficking in scheduled drugs and violation of conditions of release.”
Foster added that there are no conditions that will ensure the “integrity of the judicial process,” the safety of the public or that will ensure Fitzherbert does not commit new criminal acts while on bail.
Fitzherbert had been on bail pending two Nov. 15, 2017, drug trafficking charges and Dec. 26, 2017 charges of operating a motor vehicle while under the influence of an intoxicant and violating conditions of release.
Defense attorney Mary Kellett had been assigned to represent Fitzherbert in the pending cases. The American could not immediately reach Kellett for comment.
A date for a bail revocation hearing has not yet been set.
Also arrested Feb. 6 was Fitzherbert’s brother, James Cox, 53, also of Surry, on an FDA warrant, according to court records.
The complaint charges Cox with two counts of distributing “furanyl fentanyl,” which is described as a synthetic opioid. The FDA also charged Cox with one count of distribution of a counterfeit drug.
Cox was scheduled to appear in U.S. District Court in Bangor before US Magistrate Judge John C. Nivison yesterday, Wednesday, Feb. 15. No word on who represents Cox.