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Former Democratic Senate Minority Leader Jeff Woodburn (D-Whitefield) won’t go to trial a third time on domestic violence charges as New Hampshire Attorney General John Formella decided to drop the case.

“The state has tried Mr. Woodburn twice and secured convictions on certain charges against him. Taking into consideration the recent mistrial after a hung jury on several remaining charges, as well as other relevant factors, I have made the decision to not bring these remaining charges against Mr. Woodburn to trial a third time,” Formella said in a statement.

But Woodburn’s not free and clear of the scandal that ended his political career in 2018. He’s still fighting to appeal his convictions on two criminal mischief charges against the same alleged victim. Woodburn has two 30-day jail sentences hanging over him, though both of those sentences are stayed pending appeal. 

Mark Sisti, Woodburn’s attorney, said his client’s future remains up in the air until the state Supreme Court weighs in.

“There’s nothing solid right now,” Sisti said.

Woodburn was arrested in 2018 on charges he assaulted his former girlfriend in a series of incidents going back to December 2017. He was convicted at the 2021 trial on counts of domestic violence, simple assault, and criminal mischief. A subsequent Supreme Court decision overturned the domestic violence and simple assault convictions on the ground Woodburn was blocked from arguing self defense at the 2021 trial.

At the second trial this spring Woodburn was able to make his case that he was defending himself against his girlfriend when he bit her hand. The result was a hung jury and a mistrial. 

Rather than take the victim through another trial, and risk another loss in Coos Superior Court, Formella made the call to end the case.

“After prosecuting this case for nearly six years and two jury trials, I do not reach this decision lightly. Domestic violence is a serious, ongoing issue that must be addressed with the utmost care and resolve,” Formella said.

Woodburn lost political support almost immediately after he was charged in 2018, with Democratic leaders calling on him to step aside. Instead, Woodburn ran and won a primary to retain his Senate seat. But he lost the general election to an unknown Republican candidate and has been out of politics since.

Democratic Party Chair Raymond Buckley declined to respond to a request for comment. Sen. Donna Soucy (D-Manchester) who is serving as Senate Minority Leader, also refused to comment.

Formella thanked the victim for her bravery in repeatedly testifying against Woodburn, as did Amanda Grady Sexton, director of public affairs for the New Hampshire Coalition Against Domestic and Sexual Violence.

“We have nothing but admiration for the brave survivor who shared her truth and paved the way for so many other domestic violence victims to break their silence. This survivor endured six years of legal proceedings in a high-profile case brought against Mr. Woodburn, who was in a position of power with higher political ambitions,” Grady Sexton said.

In Wednesday’s statement, Formella anticipates winning the next round at the Supreme Court and seeing Woodburn serve time for the criminal mischief convictions. Sisti warned the case isn’t over yet.

“I’m glad they seem very optimistic, but I’ll leave it to the Supreme Court to decide if Jeff goes to jail,” Sisti said.

With a beautiful and much younger woman by his side, a woman he instructed to act like a “first lady,” Democratic Sen. Jeff Woodburn (D-Whitefield) harbored ambitions to run for governor against incumbent Chris Sununu.

Instead, the former Senate Minority Leader is facing a possible third trial on charges he assaulted his former girlfriend while he prepares for another appeal before the New Hampshire Supreme Court. Prosecutors filed a brief last week opposing the appeal, asking the justices to uphold the only convictions still standing.

Woodburn was convicted in 2021 on two counts of criminal mischief, one count of domestic violence, and one count of simple assault for a series of incidents in which he allegedly assaulted the woman and destroyed her property. After appealing those results to the Supreme Court, the domestic violence and simple assault convictions were overturned based on the argument Woodburn wasn’t allowed to argue self-defense. But the two criminal mischief convictions were upheld.

Last month’s second trial on the domestic violence and simple assault charges in Coos Superior Court ended with a hung jury. Woodburn is free again after telling jurors he bit the woman and grabbed her in self-defense.

Now, Woodburn wants a new trial on the criminal mischief counts, claiming he didn’t get a fair trial in 2021 because his original lawyer failed to sever those charges from the assault charges.

The state’s brief paints a picture of Woodburn as a controlling man with a drinking problem who made his new girlfriend fear for her safety months before he was charged in 2018. According to the brief, the woman, 17 years his junior, worked as the Democratic Party chair for Coos County and helped get Woodburn elected. He started pursuing a romantic relationship with her in 2015 as his marriage was falling apart, according to the filing.

Soon after they got engaged in 2017, the state says, Woodburn began publicizing their relationship to help his political career.

“(Woodburn) posted pictures on social media and told the victim that this was ‘very important to him,’ because dating her would help him with his career,” the filing states. “Although he liked the way that the victim could ‘approach a stranger with a Bernie sticker,’ he also told her that she should ‘behave like a first lady.’ He told her that she was not to criticize  him, ‘especially in public, because he hoped to be governor.’”

The relationship was described as “volatile,” with Woodburn losing his temper and yelling at her or kicking the door off her clothes dryer during an argument, the state says. The woman told a friend she didn’t call the police after those incidents because she felt she was at fault, and she didn’t want to get Woodburn in trouble.

According to the available record, things got violent in late 2017. After a Dec. 16, 2017, Christmas party, an intoxicated Woodburn bit the woman’s hand, leaving marks. The bite came when the woman tried to take Woodburn’s phone during the argument.

Days later, on Christmas Eve, Woodburn allegedly punched her in the stomach after he had been drinking and verbally berating her while they wrapped presents for her children. After taking half a bottle of vodka and food, Woodburn left the house, according to the filing. However, he was back a short time later, breaking into the house and yelling at the woman.

“I hate you so much; why do we do this?” Woodburn reportedly said.

The woman testified she kept blaming herself for Woodburn’s outbursts and violence and, at the same time, was too scared to get help.

“At that point, I feared what he would do to me, too. I feared what would happen to me, that he would retaliate. He knew all the police officers in the town, too,” the woman said.

In June 2018, Woodburn became intoxicated during a party and again assaulted the woman during an argument on the ride home, according to the filing, leaving bruises on her arm. Soon after that incident, they broke up as a couple, and she contacted law enforcement.

Woodburn’s lawyer, Mark Sisti, previously told NHJournal he plans to fight “tooth and nail” to clear his client.

The state’s second domestic abuse trial against former Democratic Senate Minority Leader Jeffrey Woodburn ended in a hung jury Thursday.

Jurors were unable to come to a unanimous guilty or not guilty verdict following the one-day trial in Coös Superior Court, forcing Judge Peter Bornstein to declare a mistrial.

Woodburn’s lawyer, Mark Sisti, told NHJournal he suspects jurors could not agree on whether or not his client acted in self-defense when he bit the alleged victim during a 2017 altercation.

“Most of the facts were already stipulated. The real question is whether it was self-defense,” Siti said.

One of the jury’s questions to the court during deliberation sought clarification on what constitutes a criminal assault.

“Is grabbing someone’s phone considering the time, place, and circumstances an act of assault or confinement?” a juror asked.

Bornstein responded that the facts were up to them to determine based on what they heard at trial and that they should look at the incident in total.

The judge wrote back, “You should consider all the facts and circumstances at that time and place based on the evidence presented.”

The vote split among jurors was not known Thursday, and Sisti said he would not be able to communicate with any jurors for 30 days following the trial. What’s also unknown is if the state plans to try for a third trial against Woodburn.

Reached for comment, New Hampshire Attorney General John Formella’s spokesman, Michael Garrity, told NHJournal no decision on a potential third trial has been made.

“We have not made any decision on whether to retry this matter. We will make that decision after due consideration,” Garrity said.

Sisti is prepared to keep fighting if there is a third trial, saying Woodburn has no intention of backing down.

“We’re going all the way. This is a case he’s not going to drop,” Sisti said.

Thursday’s mistrial shows the strength of Woodburn’s position, according to Sisti. The state likely cannot prove the case to a jury beyond a reasonable doubt, he believes.

The New Hampshire Coalition Against Domestic and Sexual Violence, which has commented on the case in the past, did not offer a take on Thursday’s mistrial. Instead, it sent NHJournal a statement reminding all survivors of domestic violence that help is available.

“Survivors should not feel alone in New Hampshire. An advocate is available 24/7 and is a phone call away. The statewide hotline is 1-866-644-3574.”

The charges stem from Woodburn’s actions related to three separate incidents, according to court records. In the first instance, Woodburn and the woman arrived in separate vehicles at a Dec. 15, 2017, Christmas party. The woman agreed to drive him home so that Woodburn would be able to drink at the party. During an argument on the drive home, Woodburn had the woman pull over, and during a struggle over his phone, he bit her hand, according to court records.

On Christmas Eve of that same year, Woodburn kicked the door to the woman’s house after she refused to let him inside. Earlier that year, in August 2017, he reportedly kicked her clothes drier, breaking the appliance, according to court records.

The woman went on record telling Bornstein that during one of her struggles with Woodburn, she tried to grab his phone without permission.

Woodburn was convicted in 2021 on two counts of criminal mischief, one count of domestic violence, and one count of simple assault. Last year, the New Hampshire Supreme Court overturned the simple assault and domestic violence convictions, ruling Woodburn was denied a fair trial because he had been prevented from arguing self-defense in front of the first jury.

The criminal mischief convictions and 30-day jail sentences are both still pending another appeal to the state Supreme Court. 

Woodburn was formally charged in August 2018 but still ran for reelection to the state Senate despite calls for his resignation. He won the Democratic primary but lost in the general election.

According to his attorney, jurors should be ordered to consider biting as self-defense when they deliberate the simple assault and domestic abuse charges against Jeffrey Woodburn.

The disgraced Democratic former state Senate Minority Leader is gearing up for his second trial on allegations he assaulted his former girlfriend on multiple occasions. His arrest six years ago resulted in a trial, conviction, and multiple appeals — not to mention the end of his political career. 

Woodburn continues to fight the charges.

The Coos County Democrat was convicted in 2022, but the state Supreme Court tossed those convictions last year because he was originally barred from making the case he acted in self-defense. That sent the case back to Coos Superior Court for a new trial.

Woodburn’s attorney, Mark Sisti, filed his version of proposed jury instructions ahead of the sequel trial slated to start next week. The jury instructions make it clear Woodburn will try to justify his use of physical violence against his former girlfriend.

“A person has the right to utilize non-deadly force when he can reasonably believe that such force is necessary in order to defend himself. In this case, Jeffrey Woodburn asserts that his act of physical contact, including biting the alleged victim, was necessary as he reasonably believed that the complainant posed an imminent threat of restraining him from exiting the car,” according to the Woodburn defense documents.

According to court records, Woodburn bit the woman during a December 2017 argument as she was driving him back from a party. An intoxicated Woodburn demanded to be let out of the car, and he planned to call a friend for a ride. When the woman reached to take his phone, he allegedly bit her hand, according to the allegations.

While Woodburn was not able to cast blame on the victim at his original trial, the Supreme Court’s ruling means he can now claim the woman’s past aggressiveness when dealing with him, usually when he was intoxicated, to justify his actions. 

According to the proposed jury instructions, Woodburn will argue he was acting out of the “heat of passion” and shouldn’t be judged with hindsight.

“In deciding whether the defendant acted in self-defense, you should consider all of the circumstances surrounding the incident. You should consider how the defendant acted under the circumstances as they were presented to him at the time and not necessarily as they appear upon detached reflection. You should consider whether the defendant’s belief that it was necessary to use non-deadly force was reasonable when he acted in the heat of passion,” the proposed instructions state.

It will ultimately be up to a jury to decide if Woodburn’s self-defense claims are enough to keep him from consequences. His related convictions on charges of criminal mischief were upheld on appeal, but Woodburn has yet to serve any jail time as the 30-day sentences were stayed pending the new trial.

According to court records, Woodburn kicked the door to the woman’s house and she refused to let him inside about a week after the fight in the car. Earlier that year, in August 2017, he reportedly kicked her clothes dryer, breaking the appliance, according to court records.

Woodburn’s tenacity in fighting the charges is similar to his scramble to stay in politics after his arrest in the summer of 2018. Despite calls from state Democrats to resign, Woodburn ran for reelection and won the primary in September 2018. He went on to lose the general election that November.

Coos Superior Court Judge Peter Bornstein rejected a last-minute attempt to delay former state Senate Democratic Leader Jeff Woodburn’s second domestic abuse trial.

Woodburn’s attorney, Mark Sisti, asked for a delay weeks before the March 12 trial is set to start so that he could attend to his duties as the Gilmanton Town Moderator. Gilmanton’s annual town elections are also slated for March 12.

In his order denying the delay request, Bornstein wrote Sisti knew about the conflict for several months and should have said something earlier. He wrote that Sisti’s “eleventh-hour” request fails to show any good cause for rescheduling.

“Defense counsel likely knew or should have known at least eight months ago that the 2024 Gilmanton town meeting was scheduled for March 12, 2024, inasmuch as the date of annual town meetings in New Hampshire is prescribed by statute,” Bornstein wrote.

As moderator, Sisti is required to oversee elections in Gilmanton, and to make sure the vote totals are certified after polls close. While New Hampshire law allows a moderator to appoint a substitute moderator, Sisti would not tell NHJournal how he planned to cover the trial and the election.

“Of course, I will be at the trial,” Sisti said in an email response to NHJournal. “I have already taken care of the election situation…all is fine.”

Gilmanton Town Clerk Elise Smith told NHJournal it is her understanding that Sisti will open the polls at 7 a.m., then take a “long lunch” before coming back in time to oversee the end of the vote. Sisti is a top attorney in New Hampshire, and Election Day conflicts have happened before.

“This is not the first time this has happened with Moderator Mark Sisti,” Smith said.

Now that Sisti is prepared to pull double duty on March 12, the way is clear for Woodburn to finally return to court for his second trial on the simple assault and domestic violence charges.

Woodburn was originally charged in August 2018 while he served as Minority Leader in the state Senate. He ignored months of pressure to resign and won the 2018 Democratic primary even as the charges swirled. Woodburn went on to lose the general election to an obscure Republican opponent.

Woodburn was convicted in 2021 after a trial, but those convictions were overturned last year by the New Hampshire Supreme Court.

The state Supreme Court ruled Woodburn was entitled to a new trial because he was not allowed to use a self-defense argument in the original proceedings.

The simple assault and domestic violence convictions stem from Woodburn’s violent actions against a woman he was romantically involved with at the time. According to court records, Woodburn struggled over a phone, and he bit her hand. In another incident on Christmas Eve 2017, Woodburn kicked the door of the woman’s house when she refused to let him enter. He had previously kicked her clothes dryer, breaking the appliance.

Woodburn was also convicted in 2021 on two counts of criminal mischief in the same case. He’s facing 30 days in jail on those convictions. He is currently free, pending another appeal.