Former Democratic State Senate Minority Leader Jeffrey Woodburn is about to check in at the crowbar motel as Coos Superior Court Judge Peter Bornstein rejected what could be his final attempt to stay free.
On Thursday, Bornstein ordered Woodburn to appear in court for a sentencing imposition hearing. That hearing is to be set for the earliest possible date, according to the order.
Woodburn urged his looming 30-day jail sentence on two convictions for criminal mischief be changed to a suspended sentence. But Bornstein rejected Woodburn’s recent motion to avoid jail, saying there are no facts in dispute.
“[E]ven if the Court was to consider the defendant’s request for sentence modification on the merits, it would deny same because his criminal mischief sentences reflected all relevant facts and circumstances and appropriately balanced and promoted the goals of sentencing,” Bornstein wrote.
Attorney General John Formella praised the ruling.
“The original sentences imposed on Mr. Woodburn for criminal mischief were carefully considered and were consistent with the facts and circumstances of the case. This outcome reflects our commitment to upholding the rule of law and ensuring that all convictions are addressed in a manner that respects both the victims and the integrity of the judicial process,” Formella said.
Woodburn’s political career crashed in 2018 when he was charged with assaulting his former girlfriend in the domestic abuse case. He fought the case for seven years and managed to overturn 2021 convictions for simple assault and domestic abuse by appealing to the state Supreme Court.
A second trial on the assault charges ended with a hung jury earlier this year. New Hampshire Attorney General John Formella opted to drop the case rather than go for a third trial. That left just the two criminal mischief convictions, which the Supreme Court refused to reconsider.
According to court records, Woodburn bit the woman during a December 2017 argument as she was driving him back from a party. An intoxicated Woodburn demanded to be let out of the car, and he planned to call a friend for a ride. When the woman reached to take his phone, he allegedly bit her hand, according to the allegations.
Woodburn argued in this year’s second trial that he was acting in self defense when he bit the woman.
As for the criminal mischief, Woodburn kicked the door to the woman’s house and she refused to let him inside about a week after the fight in the car, according to court records. Earlier that year, in August 2017, he reportedly kicked her clothes dryer, breaking the appliance, according to court records.