The prosecutor for the state has dismissed a theft charge against a former Damariscotta Bank & Trust employee.
The single count of Class C theft by unauthorized taking, dating to July 15, 2010, alleged that Denise Benner stole from her former employer.
According to court documents, Benner allegedly made fraudulent transfers and withdrawals from her relatives’ accounts – including the savings account of her seven-year-old niece – and borrowed money in a relative’s name without the relative’s knowledge or consent.
The bank fired Benner and former Vice President Roger Smith on May 13, 2010. According to bank documents, Benner allegedly credited Smith with suggesting and guiding her efforts, statements Benner subsequently denied to police.
A single count of theft by extortion against Smith was dismissed May 26.
Assistant District Attorney Deborah Cashman told Justice Jeffrey Hjelm of her intention to dismiss the complaint against Benner on Aug. 25 in Lincoln County Superior Court.
The case remains under investigation, Cashman said, calling her action a procedural dismissal.
District Attorney Geoff Rushlau has said the “paperwork intensive” investigation into Smith’s actions has delayed the case, as has the resignation of the lead investigator, former Damariscotta Police Chief Steve Drake.
Benner is in the “same situation” as Smith, Cashman said.
Benner’s defense attorney, Jonathan Hull, did not return a message left Aug. 30.
