Bail Magistrate Stephanie Johnson ignored evidence that Michael Gleason Jr. was dangerous and allowed him to walk free months before he murdered his estranged wife. That was the finding of a court-appointed commission looking into Gleason’s murder of 25-year-old Marisol Fuentes at a Berlin restaurant in July.
The Internal Review Committee appointed by Chief Justice Gordon MacDonald was tasked with reviewing the conduct of court officials involved in Gleason’s criminal cases. It released its final report Monday criticizing Johnson for ignoring the evidence of Gleason’s potential for violence when she rejected the Berlin Police Department’s request that he be detained and instead released the 50-year-old repeat offender on cash bond.
“Implicit in the magistrate’s decision was a determination that it had not been shown by clear and convincing evidence that Gleason posed a danger to himself or to the public. The Committee concludes, however, that sufficient evidence existed to hold Gleason in preventive detention,” the report states.
Gleason murdered Fuentes July 6 inside the La Casita Mexican restaurant in Berlin where she worked. He then took his shotgun into a bathroom and killed himself.
Gov. Kelly Ayotte, who has previously called for Johnson’s resignation, said the case supports her push for the state’s new bail reform law.
“Marisol Fuentes’ murder was tragic and preventable, and the magistrate who made the decision to grant bail to her killer should resign. While we cannot undo that horrific crime, we can and must do better in the future,” Ayotte said in a statement.
“Since I’ve been in office, I have said that the magistrate system should be eliminated, and once the bail law I signed takes effect next month, it will be. I was also proud to sign laws to protect victims and prevent future tragedies with the help of our new Domestic Violence Fatality Review Committee. We will continue to work every day to protect victims and keep dangerous criminals behind bars.”
Executive Councilor John Stephen (R-District 4) said it’s past time for Johnson to resign her position.
“The court’s internal review makes it clear: there was sufficient evidence to hold Gleason in preventive detention, yet he was released. That failure had fatal consequences and must never be repeated,” Stephen said. “I renew my calls for the immediate termination of Magistrate Stephanie Johnson and call on the legislature to further review the Circuit Court judge’s decision to continue bail in whatever context it deems appropriate.”
Johnson isn’t the only official implicated in failing Fuentes. District Court Judge Janet Subers, as well as the Berlin Police Department, are also cited in the report for their collective inaction.
Responding to the public outcry after Fuentes was murdered, MacDonald tasked Associate Supreme Court Justice Melissa Countway and Administrative Judge of the Circuit Court Ellen Christo to form the committee and investigate.
Gleason was charged in April with sexually assaulting Fuentes, kidnapping, and theft. Gleason allegedly stole $8,000 in cash from his young wife during a violent ordeal in their Berlin home. The day after Fuentes went to police, Gleason was caught running away from the couple’s home. At the time of the arrest, Gleason was carrying Fuentes’ cellphone.
There is no recording of the April bail hearing before Johnson, but the committee reports there was enough on the record at that time to find Gleason dangerous and a risk for further intimate partner violence, or IPV.
“Given that there is no transcript or audio recording of the proceeding before the magistrate, it is unknown what information and arguments were presented. There are, however, certain facts that were known at the time of the bail proceeding that are apparent from the affidavit supporting the arrest warrant and the complaints, which were indicative of dangerousness or IPV,” the report states.
Those facts include the age difference between Gleason and Fuentes, the violent nature of the alleged sexual assaults, and Gleason’s alleged efforts to keep Fuentes from reporting the assaults, such as stealing her money and her phone. Johnson’s bail order does not include a stipulation that Gleason prove he did not use the stolen $8,000 to pay his $5,000 cash bail. Her order also failed to include the home address as part of the no-contact provision of the order, according to the report.
A few days later, Gleason was arraigned in front of Judge Subers, who continued Johnson’s bail order despite also having enough evidence to find him dangerous, according to the report. Subers, however, did order that Gleason prove he did not use money he stole from Fuentes to pay his bail.
As the weeks progressed, Gleason was accused of stealing money from Fuentes to pay for his defense attorney, while in an unrelated case, a 17-year-old girl obtained a protective order on July 1 alleging he sexually assaulted her.
Gleason was subject to at least four court orders to relinquish his guns, ammunition, and knives based on the statements Fuentes and the other alleged victim made that he kept weapons in his home and car. But there is no record that the Berlin Police Department ever followed through and took away his guns or other deadly weapons, according to the report.
On at least two occasions, officers claimed that taking away Gleason’s weapons was not applicable to serving the relevant orders. Why Gleason’s guns were never confiscated — including the murder weapon — was not made clear in the report.
Berlin Police Chief Jeff Lemoine acknowledged last month the start of an internal investigation into why his department did not act when it got a report that Gleason was making “concerning comments” days before the murder.
Regardless of the outcome of efforts to hold her responsible, Johnson is going to lose her job as magistrate. The new bail law does away with the magistrate’s position altogether. Magistrates were intended to take pressure off judges and conduct bail hearings on nights and weekends.
Johnson, a private attorney married to state Rep. Erik Johnson (D-Strafford), was appointed to the position last year under a since-repudiated bail reform law backed by former Gov. Chris Sununu.
The Committee’s report highlights several gaps in the judicial system when it comes to sharing information and providing representation for domestic violence victims. Stephen said it’s time to close those gaps.
“Public safety must come first. Every risk indicator — protective orders, stalking findings, firearms access — must be in front of the judge before release is considered, and all tools must be available for immediate reconsideration of bail as new facts emerge,” Stephen said.
