Former Strafford County Sheriff Mark Brave’s criminal case is in limbo as prosecutors push back the trial that was set to start in the coming days, possibly sparing more charges against the lothario lawman.
Brave, once a rising star in the New Hampshire Democratic Party, is accused of stealing close to $20,000 in taxpayer money to fund multiple extra-marital affairs, and then lying about the money and affairs when called to testify before a grand jury.
With jury selection scheduled to start this week, prosecutors had warned Brave they would seek new charges if Rockingham Superior Court Judge Andrew Schulman did not push back the proceedings.
“During prior hearings in this matter, the State informed the Court and counsel for the Defendant that in the event a plea agreement was not reached in this matter, the State would consider superseding the Strafford County indictments currently pending in this matter, as well as potentially seeking additional indictments in Rockingham County for conduct that has occurred during the litigation of the Strafford County indictments,” Assistant New Hampshire Attorney General Joe Fincham wrote in a June motion.
Schulman has now agreed to the delay, setting the next court date in the case as a status conference. That conference is not yet scheduled.
Brave’s attorney, Leif Becker, told Foster’s Daily Democrat there’s always the chance Brave will finally get a plea deal he likes, and avoid the trial altogether.
“There is still the opportunity for a case to be resolved at any point prior to a trial,” Becker said. “Here, because a trial would involve many witnesses and much testimony the state wants to look at the court scheduling and possibly make adjustments considering the timing of a trial.”
Brave’s been playing hard to get when it comes to a plea deal. He turned down a proposal the state offered earlier this year, and prosecutors were not impressed with his counter. The two sides ended up in mediation and the impartial mediation judge crafted a new plea deal. Brave refused to sign onto the mediated offer, sending the case to the scheduled August trial.
Brave’s been competing in Olympic-scale legal jeopardy for more than a year. Though not exactly winning, he’s managed to stay out of jail. But, Brave’s post-arrest alleged shenanigans are the subject of the possible new indictments Fincham warned about if forced to go to trial this month.
After he was indicted last year, Brave’s case was moved to Rockingham County to avoid a conflict of interest. It’s in Rockingham County where Brave is accused of lying to court officials about his income and his place of residence.
Brave was assigned a free, public defense attorney last year when he claimed he was essentially broke following his divorce. However, it came to light Brave was, in fact, flush with cash after the sale of his marital home in Dover. He had enough money to buy a 1968 Porsche and pay a year’s lease on an apartment in Massachusetts, according to court records.
On top of hiding the money from the court, Brave was also under an order from Schulman to remain living in Massachusetts pending trial. Brave got around that order by telling the court he was living in a Dover apartment while he was really living in Massachusetts.
At the time Brave’s lies were discovered, Fincham threatened to have him charged with theft for taking his New Hampshire sheriff’s salary while living out of state, and have his personal recognizance bail revoked. As an elected official, Brave is required to live in New Hampshire, according to Fincham. Brave had been collecting his salary while out on paid administrative leave.
Brave got out of that jam by resigning his position in December in exchange for not going to jail right away.
