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Skateboarding ‘Person of Interest’ in Vandalism at GOP Event Sought by Concord Cops

Cowabunga, dude!

Dozens of cars were keyed when Republicans gathered at Concord High School two weeks ago for a state convention. Now, Concord Police want to speak with a skateboarding “person of interest” caught on video around the same place and time.

“I just hope someone comes through and identifies this bastard. I want to see him caught, and I want to see him in court,” said Di Lothrop, a Nashua Republican who had her car damaged while she was attending the convention.

Police started investigating soon after the damage was reported, though the image of the skateboarding individual is the first development made public. On Wednesday, Concord Police released the image through the Concord Regional Crimeline website.

The “person of interest” image comes from surveillance video footage taken of the area around the parked cars. The person, wearing a hat and baggy clothing, is reportedly seen skateboarding around the cars, later reported had been keyed, according to police.

Anyone with information about the skateboarder or the vandalism is being urged to contact Concord Police Detective Evan Cristy at (603 )225-8600, or the Concord Regional Crimeline at (603) 226-3100, or online through www.concordregionalcrimeline.com. People can also text a tip to the Crimeline by texting TIP234 and the message.

Party officials released a statement praising Concord Police for the effort in the ongoing investigation.

“The NHGOP is grateful for the diligent hard work of the Concord PD in this investigation from day one and appreciate their efforts to bring those responsible to justice for the thousands of dollars in damage they caused while Republicans gathered for party business.”

Lothrop told NHJournal she believes there may be more than one vandal given the large number of cars damaged. She’s been sharing the image on social media since it was released, hoping someone will come forward with information leading to an arrest. She’s spending a substantial amount of money this week in insurance deductibles to get her car repaired, and she’s also preparing to be without her vehicle for more than a week. All because she volunteers for one of the two main political parties in America.

“It’s still something that sticks in my craw that someone would do this,” Lothrop said.

The state convention is essentially a volunteer-run operation with delegates and representatives getting together to craft policy for the party platform. It’s also a public event held in a public facility, open to everyone. Lothrop is unnerved by the idea she and others were intentionally targeted in this manner, calling the actions malicious and sad at the same time.

There has been an increase in political vandalism and violence from the left in recent years, as evidenced by events on Ivy League college campuses this week. Hundreds of arrests have been made, police officers have been assaulted, and several people hospitalized by progressive protesters denouncing America’s support for Israel in its war with Hamas.

Much of the angry rhetoric and threats is targeting Jews, both in Israel and the U.S. A progressive activist arrested after vandalizing an Israeli-owned business in Merrimack, N.H., has been posting celebrations of the Oct. 7 terror attack and slogans from Hamas on her social media feed.

There is so much concern about the safety of Jewish students at Columbia University that administrators are allowing remote learning until the end of the semester.

Insurance Commissioner Hits Siren Over Ambulance Rate Bill

Granite Staters could see the cost of a life-saving ambulance ride more than double under a proposed law change that has New Hampshire’s Insurance Department Commissioner worried.

“I’m deeply concerned,” Commissioner D.J. Bettencourt told NHJournal.

Lawmakers are set to hold hearings this week on SB407, a bill that caps the rate for ambulance services at 325 percent of the Medicaid and Medicare reimbursement rate. The bill is meant to address the Medicaid and Medicare payment shortfalls that already have New Hampshire ambulance services scrambling to stay afloat. But Bettencourt said the proposal would actually set a floor for prices, which will increase costs and shift the burden onto insurance companies and individuals.

“There is no way you’re not going to see upward pressure on premiums,” Bettencourt said

Among the proposed changes in SB407 is a provision that requires health insurance companies to pay the full bill set by the local ambulance services, or 325 percent of the current Medicaid and Medicare reimbursement rate, whichever is lower. Bruce Berke, with the National Federation of Independent Business, said all that does is incentivize local services to set their rates right at the arbitrarily high rate of 325 percent of Medicaid and Medicare.

“The bill will increase premiums for New Hampshire employers who are providing health insurance to their employees but are struggling to afford rising premiums driven by increasing health care costs. The bill’s new mandate would establish government rate setting for the very first time in New Hampshire, essentially creating a ‘minimum charge’ mandate,” Berke said.

The problem the bill doesn’t address is that 80 percent of all patients who require ambulance rides in New Hampshire are on Medicaid or Medicare, Bettencourt said. That means the ambulance companies are significantly underpaid for the vast majority of the patients who require services, forcing them to make up the difference with everybody else.

Dave Juvet, senior vice president of public policy with the New Hampshire Business and Industry Association, said that because the state and federal governments aren’t dealing with the real problem, the cost of an ambulance ride for everyone else could go up 350 percent under the plan, he said.

“That’s just astronomical. I remain mystified why the state feels it needs to step in and somehow establish these rates and a one-size-fits-all rate,” Juvet said.

The effect will be increased insurance costs for employers, which could force them to hire fewer workers at worst or depress wages at best. Juvet said the vast majority of people in New Hampshire get their health insurance through their work.

“Somebody pays for the insurance, and in New Hampshire, that’s employers,” Juvet said.

Drew Cline, with the Josiah Bartlett Center for Public Policy, a free-market think tank, said SB407 keeps people in the dark and hikes the rates they will pay for healthcare.

“The fundamental problem with ambulance billing is that consumers are entirely cut out of the pricing system. No consumer knows how much any given ambulance service will cost or who will pay. SB407 tries to address this by setting an arbitrary number as the default market price, and that number is quite high. Instead of solving the underlying problem, this will just raise prices and insurance costs,” Cline said.

Still, says Chris Stawazs with the New Hampshire Ambulance Association, something must be done, or ambulance companies in the Granite State are going to be forced to shut down.

“Ambulance companies are going out of business because of poor reimbursement rates,” said Stawasz, who works for America Medical Response. “These are the most critical people in the world to be paying appropriately.”

Ambulance billing is complicated and involves private insurance companies dealing with ambulance services that are quasi-government agencies in many cities and towns. The billing process involves both the ambulance service and the insurance company essentially using the patient as a middleman, with bills and checks going to a patient who can get stuck with thousands of dollars in charges.

Stawazs claims SB407 keeps the process just between the ambulance service and the insurance company while bringing the rates up enough to cover the costs. But, he acknowledged, some people will have to pay more.

“Some patients will still have to pay out of pocket depending on deductibles,” Stawazs said.

But Bettencourt is concerned that SB407’s net effect is that health insurance will become out of reach for more people. He’s also worried about people who won’t call 911 and delay getting emergency care when seconds matter because they cannot afford the ambulance ride.

“We want people to focus on getting the help they need,” Bettencourt said.

NH Republicans Threatened, Cars Keyed at Party Convention in Concord

At least 30 New Hampshire Republicans had their cars keyed, and several more received threatening messages as they participated in last weekend’s GOP biennial convention, part of a trend of rising political violence from the left.

“I didn’t expect this when I ran for representative, but it’s not going to stop me,” said state Rep. Lorie Ball (R-Salem.)

Ball was one of approximately 350 delegates who showed up at Concord High School on Saturday to conduct state party business and participate in the democratic process. Like more than two dozen other delegates, her car was damaged by vandals who appear to have targeted the GOP event. 

Di Lothrop, a party delegate and Nashua Republican Party leader is another vandalism victim distraught by the seeming hate behind the targeted strike in Concord. For Lothrop, it’s not the damage to her car but the damage people are exhibiting in their character.

“My husband Chuck and I are delegates. We were parked on the street adjacent to the high school’s main entrance on Warren Street,” she told NHJournal. “After the meeting, when we walked back to our car, my husband immediately noticed that our car had been keyed all along the driver’s side. The car in front of us had been keyed, too, as had several other cars along the same road.

“It seems as if someone knew there was a Republican event going on at the high school, and this was their chance to tell Republicans they hate us,” Lothrop said. “Divisiveness at its worst!”

In Ball’s case, the attacks go beyond damaging her car. She has also been subject to harassing and threatening phone calls and messages. In one case, she received a letter with an image of a gun and a handwritten message urging that someone “blow a f***ing hole in a gun owner’s head today. Save our children from GOP pr*cks.” Ball has since contacted police about the gun letter and has been in touch with the FBI about that threat.

And like many of her fellow House Republicans, a letter was sent to Ball’s home in January that referenced a recent vote and called her a “n*gger.”

Another victim of the car vandals, state Rep. Julius Soti (R-Windham), said the political temperature keeps rising in the state, and divisive language keeps ramping up. Soti himself started taking precautions when a liberal group put out a public list recently labeling Republicans and conservatives “extremist,” Soti said.

“I do look around a little bit; I do keep my eyes open,” he said.

The Israel-Hamas war has also inspired political attacks in the Granite State. Anti-Israel protesters have conducted two separate actions at the Elbit Systems facility in Merrimack. In both cases, some participants were arrested and now face charges of vandalism, damaging property, and other alleged crimes.

The progressive activists accused New Hampshire of bigotry in prosecuting those cases and pledged the protests would continue.

“Elbit and New Hampshire’s racist politicians thought they’d scare people with the trumped up charges they brought against the 3 activists that targeted Elbit in NH last November,” they said in a social media post. “They were dead wrong. Our people will never stop shutting this genocidal company down.”

Concord Police are investigating Saturday’s events, though they declined to respond to NHJournal’s requests for comment about the ongoing investigation. Some GOP delegates didn’t notice the damage until after they left the convention. Republican Party leaders are still reaching out, encouraging victims to contact the police.

Jeff Oligny, a former state representative who was a delegate on Saturday, said the party convention is all about volunteers giving their time. Delegates showed up to make changes to the GOP platform in order to do as much good for people in the state as possible, he said.

“It’s really kind of sad that someone would do that to people who are volunteering for the state,” Oligny said.

Lothrop said there are numerous security cameras near the high school, making her optimistic police will find whoever is behind the criminal act. She’s looking forward to her day in court with the suspect.

“I sure as hell hope they caught the person on video,” Lothrop said.

The New Hampshire GOP actively encourages anyone with information to contact the Concord Police Department at (603) 225-8600 and says, on X/Twitter, that they “look forward to bringing the perpetrator(s) to justice.”

‘Long Live the Revolution!’ Activists Keep Legal Fight Over Rebel Girl Marker Alive

Historical figures of New Hampshire, unite! You have nothing to lose but your state-funded highway markers.

The sponsors of a since-removed Historical Highway Marker honoring Concord-born Communist Elizabeth Gurley Flynn are appealing the dismissal of their lawsuit against the state. They argue no person from the Granite State’s past is safe from having their legacy erased from the public record — a common practice in Josef Stalin’s Soviet Union.

Attorney Andru Volisnky says Merrimack Superior Court Judge John Kissinger was wrong when he ruled against left-wing activists Arnold Alpert and Mary Lee Sargent, who supported the effort to have the state honor Flynn. Volinsky warned Kissinger’s ruling opens the door for anyone having their marker removed arbitrarily by the state.

“The court’s ruling protects the decision to remove the marker no matter the reason,” Volinsky wrote in his motion for reconsideration. “All removal decisions are protected from review by the court’s ruling on standing. No one could challenge a similar decision to remove a marker because the subject of the marker was a Republican or Democrat, woman, LGBTQIA, Black, Brown, Asian, or any other factor an executive councilor or a governor deems objectionable.”

The state removed the marker honoring Flynn last May, weeks after it was posted by the state’s Department of Natural and Cultural Resources. When more details about Flynn’s background became public — like her lifelong support for Soviet Communism and her state funeral in Moscow’s Red Square — several members of state government, including Gov. Chris Sununu, called for the marker to be removed.

Alpert and Sargent worked for months to collect signatures as part of the process to get the marker approved and installed. They filed the lawsuit challenging the subsequent removal, claiming the state did not follow its own procedures.

“The purpose of the marker program is educating the public about places, events, and people of historical significance, a category which certainly includes Elizabeth Gurley Flynn,” Sargent said. “There is no provision in statute or in the rules governing the marker program that says established markers can be removed based on ideological rather than historical grounds.” 

Kissinger’s March 20 dismissal, however, found neither Alpert nor Sargent have the legal right to challenge a decision that belongs to the state. The marker’s creation and installation was paid for by the DNCR, and it was installed on state-owned property in Concord.

“While no one disputes the time and effort expended by the plaintiffs in relation to the Flynn marker, the court finds no support for a determination that such efforts give rise to a legal right, interest, or privilege protected by law,” Kissinger wrote.

Flynn, a labor activist, women’s rights pioneer, and founder of the American Civil Liberties Union, was born in Concord in 1890. She joined the Communist Party in 1936, a time when many Americans were abandoning it in response to Stalin’s purges. Flynn remained an unapologetic Stalinist, and as a result was kicked out of the ACLU in the 1940s.

Flynn was convicted in 1951 under the Smith Act for supporting a Communist revolution in the United States. She would eventually go on to lead the Communist Party USA. In 1964, she died while in Russia. An estimated 25,000 people attended her funeral in Red Square.

Court Says Supporters of ‘Rebel Girl’ Marker Lack Standing, Tosses Lawsuit

The left-wing activists who got the state to install a historical marker honoring Concord-born Communist Elizabeth Guerly Flynn don’t have the legal right to challenge the marker’s removal, Merrimack Superior Court Judge John Kissinger ruled.

On Wednesday, Kissinger dismissed the suit filed by outspoken progressives Arnold Alpert and Mary Lee Sargent against the state, ruling they lack the legal standing necessary to bring their lawsuit.

“While no one disputes the time and effort expended by the plaintiffs in relation to the Flynn marker, the court finds no support for a determination that such efforts give rise to a legal right, interest, or privilege protected by law,” Kissinger wrote.

Alpert said he’s mulling an appeal of Kissinger’s dismissal.

“We’re reviewing the court order and considering next steps. I believe we have 10 days to file for reconsideration if we so choose,” Alpert said.

Alpert and Sargent’s attorney, Andru Volinsky, did not respond to a request for comment.

Elizabeth Gurley Flynn

The Historic Highways marker for Flynn was removed after state officials, including Executive Councilor Joe Kenney (R-District 1) and Gov. Chris Sununu, learned Flynn was an unrepentant Stalinist who led the Communist Party USA during the height of the Cold War. At one point, she was convicted of advocating the violent overthrow of the U.S. government.

Flynn was such a strong supporter of the Soviet Union that she received the rare honor of a Red Square funeral.

The monument was removed from its Concord location on May 15, less than two weeks after it was unveiled.

Volinsky tried to claim in court that Sununu illegally ordered the marker removed. But Kissinger wrote that the governor’s involvement was immaterial.

The marker was created and installed using state resources, and its removal was a decision made by state employees, according to Kissinger’s ruling. Because Alpert and Sargent have no right under any New Hampshire law to challenge the marker’s removal, whoever made the decision is not important, he wrote.

The marker was unveiled on May 1, May Day, and the state’s Department of Natural and Cultural Resources promoted Flynn’s tribute. That did not sit well with Kenney, who complained at the May 3 Executive Council meeting. At that meeting and in the ensuing days, Sununu promised to do something about the marker.

The Department of Natural and Cultural Resources changed the rules for removing historical highway markers after that May 3 meeting, allowing for the removal of markers that could be deemed inappropriate. However, according to the lawsuit, the new rules still required that the decision go to the Historical Resources Council.

According to the lawsuit, Department of Natural and Cultural Resources Commissioner Sarah Stewart ignored the rules and ordered the marker taken down on May 12.

The marker was removed on May 15 and is currently in the possession of the New Hampshire Department of Transportation.

Flynn was a labor activist and an early feminist and helped found the American Civil Liberties Union. The ACLU would later oust her over her embrace of Soviet-style Communism.

Ruais Goes to Concord Seeking Bail Reform

Less than 24 hours after being sworn in, Manchester Mayor Jay Ruais was already at work on one of his top priorities: reducing crime on his city’s streets by fixing the state’s broken bail system.

Ruais led a bipartisan coalition of Manchester officials to the capitol Wednesday morning, where he laid out what he sees as the brutal math from lax bail rules.

“The reason I made this one of my first official acts is to highlight the importance of this issue to our city,” Ruais said. “In 2023, 813 criminals were arrested, released, and rearrested. Many of these criminals were not just arrested for petty crimes but violent assaults, robberies, and other serious offenses.

“There is nothing, and I mean nothing, that would have a more transformative effect on the city of Manchester than reforming our state’s bail laws,” Ruais added.

Since 2018’s controversial bail reform law, thousands of alleged Manchester criminals charged with violent crimes have been released without bail only to get arrested on new charges. Rep. Ross Berry (R-Manchester) said some of those suspects have been charged with murder.

“Eight is the number of times my constituent was stabbed to death by somebody already out on double-PR bail,” Berry said.

Ruais, a Republican, scored his upset victory over Democrat Kevin Cavanaugh in last year’s election by running on issues like crime, homelessness, and the city’s lack of order. The word is out on the street in Manchester that criminals get a free pass, Ward 3 Alderman Pat Long warned.

“I recall being in a (homeless) encampment in Manchester and overhearing the residents in that encampment talking about no concern with breaking into cars, trespassing. There was no concern (because) they would be back out on the street in a couple of hours,” Long said.

Long is also a Democratic state representative.

The original bail reform bill passed in 2018 was aimed at keeping poor people who are charged with non-violent crimes from getting locked up because they could not afford a $100 or $200 cash bail, according to Sen. Donna Soucy (D-Manchester). Soucy said even in 2018, she and other lawmakers were worried about the unintended consequences.

“This has been an issue for a long time,” Soucy said. “I was in the Senate when we initially enacted bail reform, and although well-intentioned, I think we all recognized this law needs fine-tuning.”

Ruais promised in Tuesday’s inaugural address he would champion bail reform and lobby lawmakers until they got it right.

“The fight for our security will continue today, it will continue tomorrow, and it will continue until everyone in our community feels safe,” Ruais said Tuesday.

Ruais made sure to get to Concord Wednesday, on his first full day on the job, to put friendly pressure on lawmakers as they opened their legislative session for the year. Two proposed bail reform bills, one in the House and one in the Senate, have a good chance to pass this session.

Ruais isn’t saying which proposal he prefers, leaving it up to legislators to do their job in crafting a bill that works and will pass.

On Wednesday, the Senate voted to move its bill, SB-249, to the Senate Finance Committee. Sen. Daryl Abbas (R-Salem) said it is past time for a bail reform bill that protects people.

“We have heard testimony for years in both the House and the Senate that we need bail reform. We have dangerous individuals committing crimes, being released on bail, and then immediately reoffending,” Abbas said. “No one should be denied bail solely because they cannot afford it, and this bill will not change that. This bill requires a judge to determine whether a violent offender poses a threat to the public before being released. Senate Republicans have been fighting for years for common sense bail reform, and we will continue to do so to keep our communities safe.”

Problems at Sanborn Casino ‘Off the Charts,’ Auditor Testifies in Hearing

“It was off the charts.”

Leila McDonough, the New Hampshire Lottery Commission auditor, described the volume of issues the state had with Andy Saborn’s Concord Casino.

McDonough made the comments during a Monday hearing over whether the former state senator can keep his casino owner’s license despite accusations of fraud, including using COVID relief money to buy sports cars. While Sanborn’s attorneys claimed Sanborn did nothing wrong, McDonough testified Sanborn never cared to follow the rules.

The Department of Safety showdown featured one witness for the state, McDonough, the woman who for years was tasked with trying to get Sanborn to follow state regulations.

McDonough’s testimony painted the picture of Sanborn as entitled and stubborn, a casino operator whose refusal to follow basic accounting procedures created a huge mess — or worse, led to massive fraud.

For instance, when a casino owner claims to have hundreds of thousands in cash, but he won’t let the state auditor in charge of casino financial reports count the money, you have a problem, she said.

“How can you conduct an audit that includes cash when you’re not allowed to count the cash?” McDonough asked. “Eventually, you have to assume the cash doesn’t exist since you’re not allowed to see it or count it.”

She said Sanborn was difficult to deal with since he opened his casino in 2018. Both Sanborn and his wife, state Rep. Laurie Sanborn, would call the commission to complain about audits and regulations they had to follow, McDonough said. The Concord Casino’s record-keeping was sloppy at best, she added, and Sanborn never appeared to take the legal requirement from the commission seriously. 

McDonough is the Lottery Commission auditor who spotted enough red flags to go to the commission’s enforcement officials. who then brought in New Hampshire Attorney General John Formella. Formella has said a criminal probe by his office is also underway.

At one point, McDonough said, she found a statement of cash flows for July 2021 through to July 2020.

“This is actually the document that made me very concerned,” McDonough said.

That document showed Sanborn’s casino ran a $29,000 operating loss in that year and had no cash. This was at the time Sanborn claimed to have $200,000 in cash in secure locations McDonough was not allowed to see.

The statement also showed a large amount of cash invested in large equipment that had little to do with the business, like two Porsches and a Ferrari. The Ferarri was reportedly a gift for Laurie Sanborn. 

Sanborn still managed to report $23,000 in cash for owner’s equity, McDonough testified. According to the records, Sanborn reported taking $5,700 in cash out of a bank and putting that into the equity cash amount.

“I’ve never seen this done with any other entity,” she said. “That was very odd.”

The financial statement McDonough revised seemed to show the whole operation was being funded with $844,000 in COVID relief loan money. The records also repeatedly showed large ticket purchases like the sports cars and tens of thousands in car parts charged business expenses.

McDonough reportedly uncovered Sanborn was also paying himself rent for the casino. The casino is owned through Sanborn’s LLC called Win, Win, Win LLC, but the Main Street property in Concord, where the casino is housed, is owned by another Sanborn LLC, The Best Revenge LLC.

The lease agreement between Best Revenge and Win, Win, Win has the casino pay the property $6,000 a year in rent, paid at $500 a month. According to the audit, Sanborn wired $163,500 from Win, Win, Win to Best Revenge between January and August 2022 to cover the rent. 

That was more than $20,000 a month for the $500 a month rent.

McDonough said the records had a lot of large, round numbers for expenses that lacked detail and supporting documentation.

Sanborn was not at the hearing. One of his attorneys,  Zachary Hafer, said Sanborn is in Boston receiving medical treatment. His legal team includes attorney Mark Knights, who argued the state’s case simply does not stand up to scrutiny.

“It is an incomplete story that has yawning gaps in the evidence,” Knights said.

Packard: Merner Lied About Residency

House Speaker Sherman Packard (R-Londonderry) said Republican Rep. Troy Merner lied to him when confronted about his residency last year.

Feeling heat from Democrats after state Attorney General John Formella announced voter fraud and theft charges on Tuesday against Merner, Packard issued a statement Wednesday laying out his version of the controversy.

Packard acknowledged the Department of Justice told his office last December that Merner was accused of living outside his Lancaster, N.H. district. But Packard said he did not have verified information and could not take action. According to Packard’s statement, the Speaker’s Office conducted an investigation that stalled when Merner continued to lie about his residence.

“Upon being informed of the DOJ communication, the Speaker’s Office initiated a review of the matter, which included calling and interviewing Merner to confront him about the allegations in the Department of Justice communication,” Packard said.

“At that time, Merner continued to attest that his domicile was in Lancaster at the apartment he rented on Elm Street. The review did not obtain any new information other than what was contained in the information the Department of Justice provided; therefore, the matter was considered inconclusive pending further investigation/findings by the Department of Justice or other findings that may come through other processes or sources.”

Democrats said House Republican leaders, clinging to a 201-198 majority, didn’t want to know the truth about Merner.

“Given the closely divided partisan makeup of the House this term, it is of grave concern that Rep. Merner’s residency violations were overlooked both in Lancaster and in Concord while he continued to hold elected office,” House Democratic Leader Rep. Matt Wilhelm (D-Manchester) said in a statement.

Merner was elected to represent Lancaster, Dalton, North Umberland, and Stratford in November, months after he moved out of the district and sold his Lancaster home. The Attorney General’s Office received a complaint about Merner from a Lancaster resident a week after the November election and sent an investigator to speak to the representative.

Investigator Anna Brewer-Croteau found Merner living in a home in the town of Carroll, well outside his district. Wearing boxers and a t-shirt and eating cereal, Merner acknowledged to the investigator that he lived outside the district.

In the affidavit released Tuesday by Formella’s office, Merner maintained an office in town and slept there “multiple nights a week.” He followed that up by claiming other people do the same thing.

“(Merner) told (Brewer-Croteau) that he knows of other people who vote in Lancaster and are not domiciled there. (Merner) denied to identify these people,” the affidavit states.

As well as being Lancaster’s state representative, Merner also served on the town’s Board of Selectmen. He told Brewer-Croteau he had no plans to run for reelection.

Brewer-Croteau’s report was conveyed to General Court Chief Operating Officer Terry Pfaff on Dec. 6, 2o22.

Packard insisted he and his fellow GOP leaders in the House didn’t have enough to go on at the time.

“The information was not conclusive in nature and made no final determination about Merner’s domicile. The information also contained Merner’s account that the allegations were unfounded and that the investigation was ongoing,” Packard said.

Packard claimed he never got an official complaint about Merner’s living situation, nor did he get any confirmation from Formella about Merner’s residency until September. Throughout Merner’s time in the House, he submitted mileage reimbursement forms for his Lancaster address and maintained official ties to Lancaster. 

“He continued to serve on the Lancaster Board of Selectmen, which further legitimized his attestations,” Packard said.

After Merner was caught voting in the March 2023 Lancaster election, Formella’s office started asking about Merner’s office. During that investigation, it was learned that Merner did not, in fact, sleep at his Lancaster office multiple times a week. According to the affidavit, neighbors told investigators he did not sleep there at all. 

Packard never got a formal notice about the March voting complaint, nor did he get one about Merner’s admission in May that he did not live in Lancaster. However, once Formella’s investigation wrapped up, Packard said he took immediate steps to deal with Merner.

“When the Speaker’s Office was made aware of the conclusions made by the Department of Justice in September 2023, rapid action was taken to force Merner to vacate his seat,” Packard said.

Merner resigned from the Lancaster Select Board in October. He is charged with wrongful voting, a class B felony carrying a sentence of up to 7 years in prison and a fine of up to $4,000, and multiple other charges.

Merner is due to be arraigned on Dec. 28.

‘Catch-And-Release’ Bail System Frustrating Cops, Endangering Citizens

Hours after Nashua’s James Morris was charged with senselessly assaulting police officers during a traffic stop, he made bail and was back on the streets.

“It’s certainly frustrating for the officers,” said Nashua Sgt. John Cinelli. 

James Morris

Morris, 32, is just one of the alleged violent offenders who have caused mayhem in recent days in incidents throughout the state, incidents abetted by New Hampshire’s reformed bail system. 

The 2018 bail reform was meant to eliminate the unintended consequence of the cash bail system that resulted in cases of poor people charged with relatively minor, nonviolent crimes but who were unable to afford bail.

People like Jeffrey Pendleton, a 26-year-old Nashua panhandler arrested in 2016 on a marijuana possession charge. Pendleton ended up in Valley Street Jail in Manchester when he couldn’t come up with the $100 cash bail. Five days later, he was found dead in his cell from a drug overdose.

But now, instead of protecting poor, nonviolent offenders, bail reform is letting people charged with violent felonies stay on the street.

Police stopped Morris’ car near School Street Friday night, and he refused to give the officers his identity before he decided to start fighting with them, according to Cinelli.

“We have no idea why he did that,” Cinelli said.

On Thursday, Concord homeless man Victor Manns, 23, allegedly stabbed two tourists on South Main Street and led officers on a prolonged manhunt. Manns’ was walking around despite being charged with assault in June and again in August in separate incidents.

Victor Manns

According to police, the couple were in their car parked in front of a business on South Main Street when Manns, wearing a mask and a hood, approached and began hitting the car. The alarmed couple got out of the car. Manns reportedly brandished his knife, threatened the pair, and then stabbed them, according to police.

Manns ran from the scene of the attack, kicking off a two-hour police search of the downtown area before he was captured.

On Friday, Claremont woman Brandie Jones, 33, allegedly hit a Nashua police officer with her car to avoid a felony arrest. At the time of the incident, Jones was wanted in Londonderry on warrants, including a breach of her previous bail in another case.

Brandie Jones

Nashua police had previously stopped Jones but gave a false name to officers as she had been convicted of being a habitual traffic offender by the state. If caught driving, habitual offenders face new felony charges.

After getting stopped for the second time on Friday night, Cinelli said Jones was getting out of her car as instructed by police when she changed her mind. With the door still open, she got back in the driver’s seat and sped off. The open car door hit one officer, Cinelli said.

Jones made it to Londonderry, where she ditched her car and ran. Londonderry Police eventually found her with the help of a police dog and took her into custody. 

Cinelli said that none of the Nashua officers suffered any serious injuries from the incidents involving Jones and Morris. The couple attacked by Manns both suffered lacerations, and one sustained minor injuries, which required a trip to the hospital. 

Cinelli said the 2018 bail reform law makes it easy for people charged with a crime to avoid jail, get back out, and re-offend. 

“When these guys are getting bail and getting out that quickly, what is going to stop (them) from doing it to more officers or civilians who don’t have the ability to defend themselves,” Cinelli said.

Jay Ruais, the Republican running to replace Manchester Mayor Joyce Craig, has been demanding changes to the state’s bail system as crime becomes a bigger problem in the Queen City. In recent weeks, two men charged in an Elm Street shooting got released on relatively low cash bail. In another incident, 10 people were arrested for being part of a street fight in the area of Auburn and Cedar Streets, where two men were stabbed. Most of those suspects were quickly released on bail.

“Violent, dangerous, and repeat offenders should never be on our streets,” Ruais said. “As mayor, I will make sure our police have the resources and tools they need to make our community more safe.”

NHDem’s COVID Accommodations Case (Finally) Comes to an End

Despite years of trying to push remote legislating, Granite State Democratic lawmakers must show up to do their jobs.

United States District Court Judge Landya McCafferty this week dismissed the long-running lawsuit against Speaker Sherman Packard (R-Londonderry) over House rules requiring in-person attendance for representatives.

Since the COVID-19 pandemic began, New Hampshire Democrats have aggressively pursued policies to both mandate behavior in the cause of public health and to rewrite rules to accommodate those in fear of the virus. Mask mandates have proven to be largely ineffective in stopping the spread of COVID, and there is little evidence that restricting the behavior of healthy Americans had any benefit on health outcomes.

But that hasn’t stopped Granite State Democrats, who have past three years in court pushing to override House rules requiring in-person attendance to conduct the people’s business.

Packard has maintained the ultimate authority to set the rules lies with the House and not the courts. Judge McCafferty agreed.

“The order speaks for itself,” Packard said in response to the ruling. “It reaffirms our belief there is a democratic process by which the House adopts its rules, and that process is not subject to court intervention.

“Over the last two terms under my administration, we have worked tirelessly to keep legislative business moving forward. My hope is that we continue to work together and make some positive changes to benefit all New Hampshire citizens.”

McCafferty showed deference to Packard’s legal position, which was bolstered by a First Circuit Court of Appeals ruling issued last year. The authority to set attendance rules belongs to the House.

“The court is not unsympathetic to plaintiffs’ legitimate concerns. But it cannot base its decision on whether it agrees with the procedures voted upon by the New Hampshire House of Representatives,” McCafferty said.

Lawmakers have been meeting in person since the start of the 2022 House session, and all votes are done in person. There are remote options to participate in hearings, but that does not include the ability to cast votes remotely.

Democrats sued Packard, claiming he used the attendance rules in order to gain a partisan advantage during the pandemic. Several Democratic lawmakers, like Rep. David Cote (D-Nashua), simply refused to attend House sessions out of fear of the virus. But because Cote continued to run for reelection — and the voters of Nashua reelected him — he “served” without casting a single vote on behalf of his constituents for three years. In fact, he was never even sworn into office after his 2022 reelection. 

Cote eventually resigned in July.