Benzie official pleads guilty to misdemeanor

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Mary Pitcher, a longtime Benzie County commissioner, stands next to her attorney, John Grogan, on Monday in Benzie District Court. Special to the Record-Eagle/Eric VanDussen

August 31, 2010

BY ALEX PIAZZA apiazza@record-eagle.com The Record Eagle Tue Aug 31, 2010, 07:47 AM EDT

BEULAH — A Benzie County elected official is left to pay about $250 in court costs after prosecutors dismissed criminal charges that accused her of drug possession.

Mary Pitcher, a longtime Benzie County commissioner, pleaded guilty Monday to having an open intoxicant in a vehicle — a misdemeanor offense. Wexford County prosecutors dismissed her other criminal charges, including marijuana possession and allowing a person with a suspended license to operate her vehicle, as part of a plea deal.

"I had a lapse in judgment, but it won't impact my ability to serve on the commission," Pitcher said outside the Benzie County courtroom. "I made a mistake and I'm ready to move on."

Pitcher, 51, of Beulah, is required to pay $253 in court costs and will not face probation.

"This is a learning experience for you," said 86th District Judge John D. Foresman of Traverse City, who was assigned to the case because of Pitcher's status as a county commissioner.

Benzie sheriff's deputies stopped Pitcher's vehicle on June 19 along Shorewood Drive after they said the driver, Bart Anderson, swerved between lanes. Authorities located a bag of marijuana near Anderson's feet and an open beer bottle near Pitcher's feet.

Deputy Troy Packard asked about the bag between Anderson's feet, but Pitcher grabbed it and told him "it's just some trash," police reports show. The substance tested positive for marijuana, deputies said.

"Deputy Packard is a good officer," said John Grogan, Pitcher's attorney. "We're not calling Deputy Packard a liar. My client has a different recollection of what occurred."

A preliminary breath test administered at the Benzie County Jail showed Pitcher's blood-alcohol level was 0.06 percent after her arrest — the state's legal limit is 0.08 percent. Pitcher also tested negative for a June 23 voluntary drug test, Grogan said.

Anderson, 46, of Beulah, also pleaded guilty Monday to marijuana use and driving on a suspended license, in exchange for dismissal of his marijuana possession charge. His license was revoked in 1995, state records show.

"I just made a bad decision," Anderson said before he exited the courtroom.

Foresman sentenced Anderson to six months probation. He is required to pay about $750 in court costs.

Monday marked the end of a criminal case that was delayed multiple times because authorities outside of Benzie County were brought in to handle the case.

"I'm relieved," Pitcher said.

But not everybody was pleased with Pitcher's plea deal. Benzie Sheriff Rory Heckman expected Pitcher also to plead guilty Monday to allowing a person with a suspended license to operate her vehicle.

"This does not contribute to a good team approach," Heckman said. "It's more troubling that I was told one thing and something else happens. It's not appropriate. Justice wasn't served in any shape or form."

Pitcher joined the county board in 1997. She represents Crystal Lake, Platte and Lake townships and serves on the county planning commission.

Heckman questioned whether Pitcher's status as a county commissioner played a role in the plea deal, but Grogan refutes those claims.

Neither "the facts, nor the law, can support convictions on the drug charge or the driver's license charge ... there just simply isn't anything there," Grogan said. "Judge Foresman would not have any favoritism in his courtroom under any circumstances. He went out of his way to make it clear that the world knows the same punishment that Ms. Pitcher received is the same sentence that anyone else would have received under those circumstances."

Pitcher was unopposed in the August primary election in her bid to remain on the county board, but a Frankfort man recently filed as a candidate in the November election.