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Killer Freed, Wife Murdered — Now Magistrate Gone

The bail magistrate who reportedly ignored red flags to allow repeat offender Michael Gleason Jr. to walk free before he murdered his wife, Marisol Fuentes, is no longer on the job.

“Stephanie Johnson is not an employee of the New Hampshire Judicial Branch. The branch has two magistrate positions that are currently vacant,” Av Harris, public information officer for the New Hampshire Judicial Branch, told NHJournal Tuesday.

Johnson was one of three magistrates appointed late last year when the position was created. Now, the only bail magistrate still working is Frank Weeks, Harris said.

Executive Councilor John Stephen (R-Manchester) first broke the news on the Jack Heath radio show Tuesday morning.

“I received a message this morning from the court that this magistrate has been released and is no longer employed by the court,” Stephen told the radio host. Later in the day, the councilor issued a statement welcoming Johnson’s exit. Stephen and others wanted Johnson gone over her handling of Gleason’s bail, as well as her mishandling of a Manchester stabbing case months earlier.

“This is just the first step in solving the gaps in our criminal justice system that leave victims vulnerable to further violence,” Stephen said.

Gleason murdered Fuentes on July 6 inside the La Casita Mexican restaurant in Berlin, where she worked. He then took his shotgun into a bathroom and killed himself.

Johnson granted $5,000 cash bail for Gleason, 50, in April when he was charged with sexually assaulting Fuentes, kidnapping her, and stealing her cell phone and $8,000 in cash she was saving. At the time, the Berlin Police wanted Gleason held on bail, but Johnson allowed him to post cash bail instead.

The Internal Review Committee appointed by Chief Justice Gordon MacDonald to investigate the murder found Johnson could have determined, based on the evidence she had, that Gleason was a danger to Fuentes in April and had him held on preventive detention.

“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.

Johnson, Weeks, and Jaye Duncan were appointed as magistrates in December as part of Gov. Chris Sununu’s second attempt at bail reform. The magistrates were supposed to relieve pressure on judges by presiding over bail hearings on nights and weekends.

Gov. Kelly Ayotte pushed for major changes to the bail system once she took office in January, citing repeat, violent offenders getting out of jail thanks to the failed bail reform law. Starting Sept. 21, magistrates will no longer preside over bail hearings under the change Ayotte pushed.

The committee report cites numerous other problems in the way court officials and police officers treated Gleason and Fuentes between April and the July 6 murder. Stephen said that with Johnson gone, it’s time to review the entire system to ensure that victims are protected.

Court officials, judges, lawyers, and police officers all need better training on how to treat domestic violence victims; the courts need better technology to share information in real time so that troubling facts can be communicated; and there needs to be a way to make sure police enforce court orders in domestic violence and stalking cases. Gleason was ordered four times between April and the July murder to hand over his guns and knives, but there is no record from police that ever happened. Above all, Stephen said, there needs to be greater oversight of New Hampshire’s judges.

“We must implement a mechanism outside of the judicial branch to keep them accountable and ensure they’re fulfilling their duties in maintaining the public trust,” Stephen said.

Stephen and Executive Councilor Joe Kenney (R-Wakefield) will meet with Attorney General John Formella, Department of Safety Commissioner Robert Quinn, Police Standards and Training Executive Director John Scippa, and others on Sept. 4 to discuss ways to continue the efforts to protect victims.

“While the failed bail experiment comes to an end, I know that everyone in our state government is committed to further strengthening and improving our systems in order to protect victims and ensure violent offenders aren’t released onto the streets to perpetrate further violence,” Stephen said. “Marisol will not be brought back by the work we are doing—but her legacy will be an incredibly impactful one across the state, and the work this tragedy inspired will save lives.”

Report: Magistrate Ignored Warnings Before Releasing Marisol Fuentes’ Killer

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.

Ayotte Adds Voice to Chorus Calling for Magistrate in Berlin Bail Fiasco to Resign

Gov. Kelly Ayotte says she agrees that Magistrate Stephanie Johnson should resign, joining a growing chorus of voices who want the court-appointed official to face the consequences of her recent bail rulings.

The calls for Johnson to step down began on Monday when Republican Executive Councilors Joe Kenney and John Stephen publicly released a letter they sent to state Supreme Court Chief Justice Gordon MacDonald and Administrative Judge Ellen Christo, urging them to immediately remove Johnson from her position.

“The release of this individual, who subsequently committed such a heinous act, represents a profound failure in our system that endangered lives and eroded trust in our judiciary,” Kenney and Stephen wrote. 

On Tuesday, fellow GOP Councilor Janet Stevens (R-District 3) joined the cause.

“Magistrate Stephanie Johnson must resign. Since she was sworn into office in December 2024, she has failed to protect the citizens of NH,” Stevens posted on social media. “In February, she released a man who later stabbed a stranger in Manchester. Five months later, an innocent 25-year-old woman is murdered by her former husband, who had been charged with kidnapping, domestic violence, and sexual assault, and granted bail by Johnson. Enough is enough.”

Gleason, 50, murdered his estranged wife, Sandra Marisol Fuentes Huaracha, 25, last week while she was working at the La Casita Mexican restaurant in Berlin. After gunning her down inside the restaurant, Gleason turned the shotgun on himself. At the time of the murder, Gleason was on bail on charges of kidnapping, domestic violence, sexual assault, and theft against Fuentes Huaracha.

MacDonald has already announced that both Christo and Associate Supreme Court Justice Melissa Countway are reviewing the Gleason case to identify red flags that court officials, such as Johnson, may have missed.

Johnson was appointed in December as one of New Hampshire’s first bail magistrates, a position created in yet another attempt to fix the failed bail reforms passed by a previously GOP-led legislature and signed by Gov. Chris Sununu. Magistrates like Johnson were tasked with hearing bail requests in the absence of a judge when one was unavailable.

Ayotte made fixing bail reform a top priority in her first term, and the changes she got through the legislature include the elimination of the bail magistrate system.

“I agree this magistrate should resign and, in fact, I advocated for eliminating all the magistrates in the stronger bail law that goes into effect in September so we can keep violent offenders and domestic abusers off our streets,” Ayotte told NHJournal. “My heart goes out to Marisol’s loved ones and the entire Berlin community, and I will continue fighting alongside our legislature to protect victims.”

House Republican leaders also called for Johnson’s resignation and highlighted Democratic opposition to some of Ayotte’s reform proposals.

“To be abundantly clear, incidents like these are why House Republicans passed, and Gov. Ayotte signed, commonsense bail reform, which will take full effect on September 21, 2025,” said Deputy House Majority Leader Joe Sweeney (R-Salem).

“We are doing everything we can to ensure that we keep dangerous criminals behind bars until their day in court. Yet Democrats stood in our way at every turn, even pushing a reckless amendment to forbid bail commissioners from reviewing prior convictions. Democrats would rather shield repeat offenders than protect law-abiding Granite Staters.”

In Berlin, the murder-suicide hit the community hard. The issue of Johnson’s handling of the case was first raised by Kenney, who represents the North Country community on the Executive Council.

“People just ask me how could this happen to a vivacious, young 25-year-old who had everything to live for and had in front of her, and it was all taken away because of a court system that basically gives a limited bail amount to this estranged husband,” Kenney said at last week’s council meeting.

On Tuesday, Mayor Robert Cone posted a copy of the Kenney-Stephen letter on his Facebook page with a two comment: “Absolutely agree.”

While removing Johnson from overseeing bail cases would be satisfying, Republicans privately acknowledged it’s also redundant. The new bail law requires all cases to be heard by judges; magistrates will be excluded from the process. Pressing for Johnson to resign, they say, is the right way to promote accountability and signal others in the judicial system that egregious rulings will come with consequences.

“Our citizens deserve better—no more delays, no more tragedies,” Sweeney said Tuesday. “The resignation of Magistrate Johnson is not about politics—it is the only way to restore faith in our justice system.”

Bail Fail: Councilors Kenney, Stephen Want Immediate Removal of Magistrate in Berlin Murder Case

In the wake of the horrific murder of 25-year-old Sandra Marisol Fuentes Huaracha’s murder by her estranged husband, Michael Gleason Jr., the state’s Supreme Court chief justice has ordered a review.

But that’s not fast enough for Executive Councilors Joe Kenney (R-Unity) and John Stephen (R-Manchester), who have written the court and asked for Magistrate Stephanie Johnson to be immediately barred from hearing more bail cases due to her troubled track record.

“Pursuant to Supreme Court Administrative Order 2024-03, which empowers the Chief Justice to remove a magistrate for cause at any time during their five-year term, we urge you to exercise this authority without delay and remove Magistrate Johnson from her position,” they wrote to state Supreme Court Chief Justice Gordon MacDonald and Administrative Judge Ellen Christo.

“This step is essential not only to hold accountable those whose judgments have led to preventable loss but also to restore confidence in our bail processes. We stand ready to support any necessary reforms to strengthen our system and prioritize victim safety.”

Kenney raised questions about the case when the Executive Council met in Coos County last week, and Stephen has been railing about Johnson since learning about her role in a previous bail fiasco.

“You don’t have to be a rocket scientist to know this magistrate’s not making appropriate decisions. And some are so outrageous, you have to question her ability to sit and judge on these cases going forward, and I want to make sure we do the best we can for our victims,” Stephen said on the NHJournal podcast Monday.

“I called on the court to immediately remove this magistrate from any of her duties. And we’ve got to be serious about bail, and we have to stop this nonsense,” Stephen added.

In late April, Johnson allowed Gleason out on $5,000 cash bail after his arrest on serious felony charges, including sexual assault, kidnapping, domestic violence, and theft. Gleason eventually posted bail and, on the morning of Sunday, July 6, made his way to La Casita Mexican restaurant in Berlin, where Fuentes Huaracha worked.

He shot her multiple times with a shotgun, then went into the bathroom and turned it on himself, according to the state Attorney General’s Office.

This isn’t the first time Johnson’s been called out for allowing a violent criminal to get bail. In February, Johnson allowed Kyle Bisson, 26, to go free on no-cash bail after he was charged with stabbing a Manchester man between 9 and 13 times during an altercation on Elm Street. At the time, Bisson’s criminal record included a conviction for domestic violence. 

Stephen said he called for action against Johnson at the time. Now he says he won’t sit back and wait.

“I’m not trying to be vindictive. I just want to make sure we protect the public and safety,” Stephen said.

“I have asked the court — and I spoke to the administrative head of the courts — to please make sure this individual, at the minimum, is not hearing any more bail cases.”

State Supreme Court Chief Justice Gordon MacDonald announced Monday he’s assigning Christo and Associate Supreme Court Justice Mellisa Countway to review the Gleason case and how Johnson handled it.

“The judicial branch will work with the Domestic Violence Fatality Review Committee to the extent the committee examines the circumstances in these cases,” according to a statement from MacDonald’s office.

Johnson was appointed in December to be one of New Hampshire’s first bail magistrates under yet another legislative change to the state’s beleaguered bail system. Gov. Chris Sununu first signed a bail reform bill into law in 2018, which was supposed to make it easier for non-violent offenders to get no-cash bail. Instead, many charged with violent crimes were getting out and committing new crimes due to the reform.

Last year’s legislative attempt to update the reform added magistrates like Johnson to the mix. The 2024 law required people charged with serious, violent crimes to get bail hearings before a judge or magistrate. The new bail magistrates solely set bail for people charged with serious crimes when judges were not available, like on weekends or holidays.

Johnson is a private practice attorney who has been a prosecutor for several years. She worked as an assistant attorney general for the New Hampshire Department of Justice and as a Rockingham Assistant County Attorney.

Stephen said he’s concerned by comments suggesting concerns about the costs of keeping suspects like Gleason in jail may have played some role in the magistrate’s ruling.

“The county is going to have to pay the expenses of (holding) an individual prisoner,” Stephen acknowledged.

“We shouldn’t be looking at cost in the equation of whether someone’s a risk to the public,” Stephen added. “If that’s happening, that’s wrong. And it’s got to stop.”

Gov. Kelly Ayotte pushed for a whole new bail system that keeps violent offenders in jail as soon as she was sworn in as governor this year. Her bail reform, which takes effect in January, does away with magistrates. She told the Executive Council last week that Huaracha might be alive if her reform had been in effect earlier this year.

“There’s a reason why one of the first priorities I had as governor was to make sure that we reversed some of the so-called reforms that were made that led to these unintended consequences that were very tragic,” Ayotte told the Council.

Stephen isn’t alone in singling out Johnson. Last week, Rep. Lori Korzen (R-Berlin) sent Johnson a letter demanding she resign from her post. 

“Our community deserves leaders who act with the utmost vigilance and responsibility, particularly in matters where lives are at stake,” Korzen wrote. “My deepest sympathies remain with the family of Marisol Fuentes and all those affected by this senseless act. I urge you to consider the impact of this decision and to take the necessary steps to help our community heal and move forward.”

Berlin Rep Wants Gleason’s Bail Magistrate to Resign 

When Michael Gleason Jr., 50, appeared before Bail Magistrate Stephanie Johnson in April on felony charges of sexual assault, kidnapping, domestic violence, and theft against his ex-wife, she let him out on $5,000 cash bail.

On Sunday, Gleason tracked down his ex, 25-year-old Marisol Fuentes, working at La Casita Mexican restaurant in Berlin, and gunned her down before turning the shotgun on himself.

Now, a state representative wants Johnson out.

Rep. Lori Korzen (R-Berlin) is calling on Johnson to resign from her post. On Thursday, she released a letter she sent to the magistrate urging her to step down.

“The bail system exists to balance the rights of the accused with the imperative of public safety. In this instance, I believe that balance was not achieved, and the result was a preventable tragedy,” Korzen wrote.

“Our community places its trust in the judiciary to exercise prudent judgment, especially in cases where there is a clear risk to individuals and public safety. When that trust is broken, the repercussions are felt far beyond the courtroom; they are measured in lives lost and families forever changed.”

The gruesome murder-suicide has hit the Berlin community hard. During Wednesday’s Executive Council meeting, which was held in Coos County, Councilor Joe Kenney spoke about the crime.

“People ask me how could this happen to a vivacious, young 25-year-old who had everything to live for and had in front of her, and it was all taken away because of a court system that basically give a limited bail amount to this estranged husband.”

Gov. Kelly Ayotte told the Council the incident was more proof the bail reform fix she championed was needed. Asked by NHJournal if she believes Johnson should resign, Ayotte pointed out, “The stronger bail law I championed eliminates the magistrates—and rightly so.”

Ayotte was more explicit in February when she criticized Johnson’s decision to release a stabbing suspect on personal recognizance. At the time, Ayotte used her budget speech to comment on the story and pitch for the new bail law.

“What happened in Manchester last Friday night is completely unbelievable, when an individual accused of repeatedly stabbing a complete stranger, and who has a prior conviction for domestic violence, is allowed to walk free by a magistrate. I cannot emphasize this enough,” Ayotte told the state legislators listening to her speech in the House chamber. “Send me legislation to fix this once and for all.”

Today, Korzen says Johnson needs to resign.

“Our community deserves leaders who act with the utmost vigilance and responsibility, particularly in matters where lives are at stake,” Korzen said. “My deepest sympathies remain with the family of Marisol Fuentes and all those affected by this senseless act. I urge you to consider the impact of this decision and to take the necessary steps to help our community heal and move forward.”

Bipartisan Group of Mayors Back Ayotte’s Bail Reform Push

Mayors from across the Granite State, as well as the entire Manchester Board of Aldermen, are joining in a bipartisan push and are backing Gov. Kelly Ayotte’s call to reform bail. 

“This is not a partisan issue, it’s a safety issue, and the safety of our cities is non-negotiable,” Manchester Mayor Jay Ruais said.

Rochester Mayor Paul Callaghan, Claremont Mayor Dale Girard, Dover Mayor Robert Carrier, Keene Mayor Jay Kahn, Berlin Mayor Robert Cone, Franklin Mayor Desiree McLaughlin, and Concord Mayor Byron Champlin joined Ruais in a letter to House Speaker Sherman Packard (R-Londonderry) and Senate President Sharon Carson (R-Londonderry) urging action on bail reform.

“Our citizens, businesses and tourists deserve our best efforts when it comes to keeping our streets safe,” the mayors wrote.

Ayotte has made fixing the bail system a top priority since taking office. She wants to see the 2018 attempt at bail reform, which made it easier for suspects to get released without posting cash bail, rolled back.

“Our current system is a joke to criminals. Too often, offenders are back on the street before officers who arrested them have even finished filing their paperwork. Our law enforcement officers and the public deserve better than this. The safest state in the nation deserves better than this,” Ayotte said.

In an op-ed for NHJournal, Ayotte pledged that, if the current bail reform proposal doesn’t make it to her desk, she will get it done anyway. The governor is putting bail reform into House Bill 2, the state budget trailer, to make sure it passes.

Manchester’s Board of Aldermen says the 2018 law reforming bail has had disastrous consequences for the city. In 2024, Manchester Police arrested 2,971 adults in 4,551 incidents. That’s because 27 percent of people arrested in Manchester last year were arrested more than once. Of the individuals arrested, 24 percent of them, or 715 people, were already out on bail at the time of their arrest.

“We understand the good intentions behind the previous changes to our bail laws. However, those good intentions have been replaced by criminal acts … When individuals are not held accountable for their actions, it encourages more bad behavior,” the Aldermen said in a statement.

Manchester became ground zero for the bail reform debate last month when Kyle Bisson, 25, was released on personal recognizance bail after he repeatedly stabbed another man in an Elm Street confrontation. Bisson has a criminal record, including a prior assault conviction, but he was not out on bail when he was arrested for the Feb. 7 fight. Manchester’s Police prosecutor did not request cash bail at Bisson’s initial bail hearing.

Cities and towns throughout New Hampshire are already struggling to hire police officers, leaving those they do have overworked. The revolving door bail system is only making the staffing and morale problems worse, the mayors said in their letter.

“This problem compounds itself when criminals cycle through a process of arrest and release, only to be arrested again,” the mayors said.

People just want safe cities again, Ruais added. 

“We need to focus on making sure violent and repeat offenders are taken off our streets,” Ruais said. “We are counting on the legislature to do the right thing, which will go a long way to making all Granite Staters safer, regardless of where they live.”

Judge Refuses to Revoke Alleged Stabber’s PR Release

The alleged stabber at the center of the bail reform firestorm remains free after a Hillsborough Superior Court judge refused to revoke his personal recognizance bail.

Judge Michael Klass denied Hillsborough County Attorney John Coughlin’s motion to have Kyle Bisson, 25, locked up pending trial on assault charges, saying video evidence shows the alleged victim was an aggressor in the violent Feb. 7 fracas.

“The video reflects that (the victim) and the defendant both played a role in this incident,” Klass said. “They both appeared to be aggressors at times.”

Bisson’s initial no-cash bail for the alleged violent assault, coupled with his prior domestic violence conviction, led to renewed calls for bail reform from Gov. Kelly Ayotte, Mayor Jay Ruais, and the Manchester Police Department.

Ayotte’s office did not respond to a request for comment on Wednesday. Ruais said he’s disappointed in Klass’ ruling but remains determined to see the bail system changed.

“From the beginning, this case has demonstrated the urgent need for Bail Reform and I am disappointed the defendant’s PR Bail was not revoked. This incident brought real violence to our downtown, threatening citizens and business owners, which is unacceptable,” Ruais said. “Despite today’s decision, I remain confident that legislators in Concord are listening and will get behind the necessary changes to our bail laws. Violent and repeat offenders need to stay behind bars,” Ruais said.

Court records show Bisson was released on personal recognizance bail after the police department’s prosecutor did not request cash bail during the initial arraignment. With calls for sanctioning the original Bail Magistrate Stephanie Johnson coming from Concord, Coughlin’s office filed a motion to have Bisson’s bail revoked.

But Klass said Wednesday the prosecutor does not have evidence to justify holding Bisson in jail before he’s convicted of a crime. While state law allows for defendants to be held pre-trial, that is typically reserved for people deemed a danger to the community.

Klass said the evidence in the case shows the alleged victim, Michael Perry, 42, instigated the confrontation that took place outside Bunny’s Convenience Store in Manchester. Perry reportedly used a racial slur to insult Bisson, and took the first swing, according to court records.

While Perry reportedly claimed to have a knife, but did not, Bisson actually had a knife when the fight began. Bisson stabbed Perry several times before Perry ran away and the knife wielding Bisson chased him, according to court records. 

When the fight was over, Bisson threw away his knife and jacket before calling 911 to report that he had been stabbed. Bisson did have a single stab wound to his chest, an injury that was likely self-inflicted by accident during the fight, according to the police report.

Ayotte used Bisson’s arrest and release as an illustration of the need for bail reform during a speech in the House chamber last week, saying it is unacceptable for people like him to walk free after a violent attack.

“What happened in Manchester last Friday night is completely unbelievable, when an individual accused of repeatedly stabbing a complete stranger, and who has a prior conviction for domestic violence, is allowed to walk free by a magistrate. I cannot emphasize this enough,” Ayotte told lawmakers. “Send me legislation to fix this once and for all.” 

If the current push for bail reform is successful, it will be the third time New Hampshire has tinkered with the system since Gov. Chris Sununu signed a bail reform bill in 2018.

That reform was supposed to eliminate cash bail for non-violent suspects. But the law’s detractors say it simply enabled repeat offenders to get out of jail and continue their criminal activity. A reform of the reform bill signed last year put a stop to the release of people re-arrested while already out on bail, as well as causing certain violent offenders to be only allowed bail after review by a judge or magistrate.

It appears the Bisson case fell within the framework of last year’s law. Bisson was not out on bail when he was arrested for the Feb. 7 fight. And he did get a bail hearing in front of a magistrate where the prosecutor did not seek cash bail. 

‘I Couldn’t Believe It:’ Ayotte Slams Dem Reax to Manchester Stabbing Case

Her budget speech may have been focused on fiscal issues like education funding and spending cuts, but it was Gov. Kelly Ayotte’s comments on bail reform that’s created the most conversation — and backlash.

Ayotte used part of her speech Thursday to decry a stabbing in downtown Manchester in which the suspect had been released on personal recognizance.

“What happened in Manchester last Friday night is completely unbelievable, when an individual accused of repeatedly stabbing a complete stranger, and who has a prior conviction for domestic violence, is allowed to walk free by a magistrate. I cannot emphasize this enough,” Ayotte told the state legislators listening to her speech in the House chamber. “Send me legislation to fix this once and for all.”

A few hours later, those same House members debated a proposal to consider impeaching Magistrate Stephanie Johnson, who allowed suspect Kyle Bisson, 26, to go free. Rep. Buzz Scherr (D-Portsmouth) spoke on the floor in defense of both the suspect and the decision.

Scherr described the incident surrounding the stabbing as a “tussle” and claimed both Bisson and his alleged victim could be seen as at fault. According to Scherr, the victim also had a knife and struck first in the fracas, leaving Bisson to defend himself as best he could.

“This is not the horror that people that we know made it to be. This is a simple fight between two people instigated by the alleged victim,” Scherr said. 

Scherr is an outspoken supporter of “decarceration” efforts, with the goal of keeping people out of jail if possible. In a recent op-ed, Scherr dismissed stories of violent offenders who reoffended after being released rather than held on bail as mere “seductive anecdotes.”

However, the Manchester Police report filed in court conflicts with Scherr’s version of the stabbing. According to police, the victim, who was not armed, was stabbed between nine and 13 times by Bisson. While the victim tried to run away, Bisson is seen on surveillance video chasing the man, brandishing his knife, according to the report.

Bison did end up with a stab wound to his chest, likely the result of an accidental self-stabbing, he told police. 

While the alleged victim did claim to have a knife, and did swing first after a verbal altercation with Bisson, he told police he did both actions to scare off the armed Bisson. Bisson is seen on video taking out his knife, dropping it in the snow, and picking it up again in order to stab the victim, according to the report.

After the assault, Bisson walked off, throwing away the knife and his jacket, according to the report. He told police he did not want to be seen and deal with the police inquiry. 

Ayotte and other New Hampshire Republicans were stunned by the response from some defenders of the current bail law to this incident. During a WMUR interview that aired Sunday, Ayotte said it’s time for legislators opposed to reversing the failed bail reform effort to stop blaming victims and police.

“I couldn’t believe it,” Ayotte said of Scherr’s comments. “That is part of the problem. They’re trying to protect their own bad votes.”

“Why are you trying to defend people who committed harm?” Ayotte added.

Mayor Jay Ruais was also outraged by Bisson’s release and the response, saying the assault is a perfect illustration of the current bail law’s failure.

“On what planet is it considered acceptable to stab another human being at least 9 times, then be released back out onto our streets? This is unconscionable. Our police, our residents, and our visitors are put at risk when criminals like this continue to be released, and it has to stop,” Ruais said.

Manchester’s Ruais Cheers as Sununu Signs Bail Reform Bill

The revolving door that lets criminals loose hours after their arrest is getting shut down as Gov. Chris Sununu signed a bail reform bill into law on Thursday. It followed months of lobbying from Manchester Mayor Jay Ruais.

“We have been fighting for these pro-victim fixes to bail reform for a long time and appreciate Manchester Mayor Jay Ruais leading the effort of local officials to help get it over the finish line,” Sununu said.

Ruais took up the bail reform cause on his first day in office, heading to Concord to demand lawmakers fix the system that he said allowed alleged criminals to go crime sprees with brief time outs for arrests.

“This is a victory for Manchester and every other town and city in our state,” Ruais said. “The safety of our city is non-negotiable, and this bill contains many reforms that will make Manchester safer. I want to thank the governor and legislature for their efforts to work together in a bipartisan way to reaffirm their commitment to the safety of our communities.”

Manchester’s crime problem became emblematic of the problem with the bail system. In March, Ruais said that of the 817 people Manchester Police arrested in the first few months of the year, 306 — or 37 percent — were already out on bail for a previous criminal charge. In the 12 months prior, repeat offenders made up 26 percent of the total arrests, with 1,178 people already on bail of the total 4,529.

Ruais campaigned on the need to fix bail, support police, and clean up the city, winning a stunning victory over Mayor Joyce Craig’s handpicked successor, Democrat Kevin Cavanaugh. 

House Criminal Justice and Public Safety Chairman Rep. Terry Roy (R-Deerfield) said the bill signed Thursday corrects serious flaws in the 2018 law that attempted to make the bill system more just.  

“These flaws allowed offenders to be released despite being re-arrested for violations of multiple bail release conditions. Sometimes these were violent offenders and their release led to tragic results. We heard from law enforcement, that oftentimes, arrestees were released and back on the street before the officer had the opportunity to complete the report,” Roy said on Twitter/X.

The new law saw police chiefs, the New Hampshire ACLU, Republicans, and Democrats work together, said Rep. David Meuse (D-Portsmouth.)

“This bill is the end product of a good-faith effort by legislators from both parties and stakeholders as diverse as ACLU-NH and the New Hampshire Chiefs of Police Association. It shows that enhancing public safety and protecting civil liberties don’t have to be mutually exclusive. I’m pleased that the governor chose to sign it into law,” Meuse said.

Perhaps more surprisingly, the need for bail reform even had House Republicans working with Senate Republicans. 

“After years of violent criminals and re-offenders being released on PR bail because of a flawed system, the House and Senate finally found a compromise that will work,” said Sen. Bill Gannon (R-Sandown). “I am thankful for the bipartisan efforts of Chairman Terry Roy, the House Criminal Justice Committee, and the members of the Senate Judiciary Committee who spent countless hours working on this. This is a huge win for the state of New Hampshire and we should be proud to deliver real results for our communities.”

The new law closes the revolving door by stopping the release of people re-arrested while already on bail, as well as causing certain violent offenders to be only allowed bail after review by a judge or magistrate, according to Roy. The old system allowed offenders to get bail reviews by civilian bail commissioners instead of the the bail commissioner. 

Other changes include having the courts pay bail commissioners instead of the defendants, more training for bail commissioners, and more protections for crime victims.  The bill also requires notification for victims of domestic violence before their alleged abuser is released on bail. 

The law also updates the way technology is used so police officers will be able to check someone’s bail status in real time. The prior system had paper bail orders entered into databases, meaning there could be a lag time before the bail was entered into computer systems police access, meaning officers couldn’t know if someone they had in custody was already out on bail, Roy said.

“Under the 2018 system, officers were often forced to rely on the honor system, hoping an arrestee would tell them that they were already on bail from another charge in a different jurisdiction,” Roy said. 

The 2018 reform sought to stop the unintended consequence of a cash bail system that put poor people to jail pre-trial. In some cases, people would be held for weeks or months in jail without a conviction because they could not come up with a few hundred dollars for bail. 

Roy said the bill signed Thursday will still keep people charged with nonviolent crimes from going to jail without a conviction. Cash bail will not be universal, but set aside for people charged in violent crimes or people who allegedly commit crimes while already out on bail.

“Cash bail remains a legitimate tool available to the courts, but only to assure an appearance by someone who is able to pay. It will not be used as a way to hold people,” Roy said.

In fact, Roy said the new law makes sure that no one will be held more than 24 hours without having their case reviewed by the court, including weekends and holidays. 

Manchester Police Face Uphill Battle Without Bail Reform, Ruais Says

Manchester’s neighborhoods are struggling to keep up with the revolving door criminal justice system that’s releasing violent suspects even before their arrest reports are complete.

Mayor Jay Ruais said Monday city residents are fed up with a system that allows people charged with violent crimes to get out with no cash or personal recognizance bail within hours. In many cases, those same people are arrested again on new charges.

“The safety of our city is non-negotiable, and the men and women of the Manchester Police Department are heroes, full stop. Unfortunately, the state’s current bail system is undermining their efforts to make Manchester safe. When 40 percent of those arrested are ending up back on our streets, and 27 percent of those arrested are already out on bail, our police are fighting an uphill battle,” Ruais said.

Since the start of the year, Manchester Police have arrested 1,646 people, and at least 40 percent — more than 650 of those suspects — were released almost immediately on PR bail. The state needs to finally step in and fix the bail system that’s fueling the problem in Manchester, Ruais insists.

“There is not a single thing that would have a more transformative impact on the quality of life in our city than passing bail reform. It’s crucial for our legislators to take action to ensure the safety of our community and prevent repeat offenders from cycling through arrest, release and rearrest,” Ruais said.

Republican gubernatorial candidate Kelly Ayotte got a look at the problem up close during her recent ride-along with Manchester police. The officer she rode with had just returned to work after a violent encounter with a suspect who was out on bail, she said.

“Last week, I did a ride along with the Manchester Police Department, and the officer I accompanied had previously been injured by a criminal let out on bail, resulting in him being out of work for six months. Our state’s failed ‘bail reform’ experiment has created a revolving door that allows violent criminals back into our communities, putting officers at risk and undermining their efforts to protect Granite Staters,” Ayotte said.

Ruais is focused on seeing bail reform happen. On his first day as mayor, he traveled to Concord to lobby state lawmakers to the cause. It’s a more direct approach than that of his predecessor, Democrat Joyce Craig, who advocated for the lower standards for bail that have released so many repeat offenders on the the streets.

Craig did not respond to a request for comment about her current view of bail reform. Executive Councilor Cinde Warmington, the other Democratic gubernatorial hopeful, also declined to comment.

A proposal to change the bail system is currently under debate in the legislature. After the House passed a bill to tighten up the bail system and create a new bail magistrate position, the Senate weighed in with amendments to require that people charged with certain violent crimes have a hearing before a judge before being allowed out on PR bail. Reforming bail is now splitting Democratic unity in the Senate.

One of the three contenders in the Democratic primary for U.S. Rep. Annie Kuster’s seat in Congress, state Sen. Becky Whiteley (D-Hopkinton), opposes pretrial detention, saying it increases the odds an innocent person will plead guilty to a crime they did not commit. 

“Do we want that?” Whitley said during a recent Senate debate. “That’s really troubling.”

But Senate Minority Leader Donna Soucy (D-Manchester) said lawmakers must act as the problem is only getting worse.

“Doing nothing can’t happen,” Soucy said. “We’re never going to get it perfect. We have to get it as close to right as we can.”

Ayotte said as governor she’d protect police officers and citizens by keeping violent offenders in jail.

“As governor I will shut and lock the revolving door to keep our officers – and our communities – safe. I thank Mayor Ruais for fighting on this issue for the people of Manchester and the brave men and women of the Manchester Police Department,” Ayotte said.