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Disgraced former State Sen. Jeffrey Woodburn is not being allowed to introduce evidence that he claims shows the alleged victim had a history of causing the kind of fights that led to his alleged crimes.

Woodburn, once one of the highest-ranking elected Democrats in state government, continues to fight hard against the domestic violence charges that have hung over him since his 2018 arrest. He is heading for a new trial on one count of domestic violence and one count of simple assault after the New Hampshire Supreme Court ruled he was denied the ability to argue self-defense.

On Friday, Coos Superior Court Judge Peter Bornstein denied Woodburn’s request to introduce evidence of prior instances that “physically interfered with his attempts to avoid conflict.”

Woodburn’s attorney, Mark Sisti, filed a motion to allow this evidence, even though it detailed incidents that predate the alleged violence for which he had originally been convicted. 

“Testimony concerning Jeff Woodburn’s prior attempts to avoid conflict and the alleged victim’s behavior about those attempts are admissible and relevant to his mental state at the time of this alleged offense,” Sisti wrote.

Assistant Attorney General Zachary Wolfe’s objection pointed out Sisti and Woodburn supply no details about this “vague, amorphous” evidence, making it impossible to counter in court or even prove they actually happened.

“The defendant’s motion fails to identify not only the specific instances of conduct he wishes to introduce, but also any specific legal grounds justifying his request,” Wolfe wrote.

While the Supreme Court ruled Woodburn can use evidence demonstrating his claim of self-defense for the actions covered in the trial, Bornstein wrote in his order that it does not open the door for what is essentially the unspecified evidence Woodburn is claiming.

“Among other things, the defendant has not identified any of the alleged victim’s prior acts as to which he seeks to introduce evidence or the approximate date(s) on which he alleges occurred,” Bornstein wrote. 

The simple assault and domestic violence convictions stem from Woodburn’s violent 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, and the woman agreed to drive him home so that Woodburn could 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 that same year, Woodburn kicked the door to the woman’s house when she refused to let him inside. In August 2017, he reportedly kicked her clothes dryer earlier that year, breaking the appliance, according to court records.

The woman went on record telling Bornstein that at one point during one of her struggles with Woodburn, she tried to grab his phone without permission. Bornstein stated in court that it did not rise to the level of behavior allowing Woodburn’s self-defense claims.

Woodburn’s new trial on the two charges is slated for next year. The North Country Democrat has already been convicted on two counts of criminal mischief and is facing 30 days in jail. He is also free while he appeals Bornstein’s August ruling denying a new trial on these charges.

Woodburn is just one of several Granite State Democrats embroiled in legal scandals. Strafford County Sheriff Mark Brave is on paid leave and facing charges of stealing tax dollars to pay for trysts with a series of paramours. Former state Rep. Stacie Laughton (D-Nashua) is in jail awaiting trial on child pornography charges. And two-time Democratic candidate for governor, former Portsmouth Mayor Steve Marchand, has just been called out for a second time by the state attorney general over illegal campaign tactics he used in local political races.

In addition, both U.S. Sen. Maggie Hassan (D) and the state Democratic Party are still holding on to cash donated to them by notorious fraudster Sam Bankman-Fried after he allegedly stole it from clients. Hassan and the NHDP were two of the top recipients of the more than $100 million in political campaign contributions federal prosecutors say Bankman-Fried made before the 2022 midterm elections.

Former Democratic State Sen. Jeff Woodburn is filing another appeal after he was sentenced Thursday to a month in jail on criminal mischief charges connected to the domestic violence case that ended his political career.

“We will defend this tooth and nail,” said Mark Sisti, Woodburn’s attorney.

This week, Coos Superior Court Judge Peter Bornstein denied Woodburn’s motion for a new trial on the two criminal mischief convictions and sentenced him to 12 months in jail on each count, with all but 30 days suspended. That sentence is stayed, meaning he will not have to report to jail until after his appeal to the New Hampshire Supreme Court is heard.

The state Supreme Court ruled earlier this year Woodburn is entitled to a new trial on the convictions for one count of domestic violence and one count of simple assault. The Supreme Court found Woodburn did not get a fair trial in 2021 since he was not allowed to use a self-defense argument.

According to court records, the convictions stem from Woodburn’s violent actions related to three separate incidents. In the first instance, Woodburn and the woman arrived in separate vehicles at a Dec. 15, 2017, Christmas party, and 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. 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 dryer, breaking the appliance, according to court records.

The woman went on record telling Bornstein that she tried to grab his phone without permission at one point during her many struggles with Woodburn. Bornstein stated in court that did not rise to the level of behavior allowing Woodburn’s self-defense claims.

But the Supreme Court found there was just enough evidence on record for Woodburn to make a self-defense case.

“Because the record contains ‘some evidence’ supporting a rational finding that the defendant acted in self-defense, the trial court’s refusal to instruct the jury on that theory of defense was unreasonable,” Supreme Court Judge James Bassett wrote.

However, in the same ruling, the New Hampshire Supreme Court upheld the criminal mischief convictions. 

Woodburn and Sisti continue to aggressively pursue appeals. They have been arguing Woodburn should get a new trial on all counts because Woodburn’s prior attorney erred by not seeking separate trials on all the charges, which ended up prejudicing the jury.

Sisti has further argued against the 30 days in jail, saying the sentences for the criminal mischief convictions might have been different if Woodburn had originally been found not guilty of domestic violence and assault.

Sisti said Woodburn will keep fighting the case as long as the state continues to push it. He’s open to a resolution, though.

“If they want to push it, they can push it,” Sisti said. “Jeff’s been open to a resolution to this for the past five years. For some reason, there’s this need to go forward with this.”

Woodburn was formally charged in August of 2018, and, ignoring calls for his resignation, ran for reelection to his Senate seat. Woodburn won the Democratic primary but lost in the general election in 2018.

He was originally tried on nine counts, but the jury found him not guilty of five of the alleged criminal acts.

Former Democratic state Sen. Jeff Woodburn wants a do-over.

Woodburn and his attorney, Mark Sisti, are asking Coos Superior Court Judge Peter Bornstein to toss out the two criminal mischief convictions in his domestic violence case and give him a new trial. It is a request opposed by the New Hampshire Attorney General’s Office.

Woodburn is already getting a new trial on the domestic violence and assault charges after the New Hampshire Supreme Court ruled the former Senate Minority Leader didn’t get a fair trial his first time around. He was convicted in 2021 on two counts of criminal mischief, one count of domestic violence, and one count of simple assault.

He was originally tried on nine counts. The jury found him not guilty of five charges.

The state Supreme Court ruled Woodburn should have been able to claim self-defense on the domestic violence and simple assault charges. At the same time, the state Court upheld the criminal mischief convictions. Facing 30 days in jail after the Supreme Court ruling, Woodburn now wants those charges tossed out instead.

The new domestic violence and assault trial is set for March of next year.

Sisti filed a motion seeking a new trial on the grounds that Woodburn’s prior attorney erred by not seeking separate trials on all the charges, which resulted in prejudicing the jury.

Assistant Attorney General Zachary Wolf called the arguments “nonsensical” in his motion opposing the request.

“Indeed, it is hard to see how the defendant can claim he suffered any type of prejudice in this matter when the jury chose to take him at his word, finding him guilty of only the offenses that he admitted and not guilty of the offenses he denied,” Wolf wrote.

Woodburn allegedly bit his then-girlfriend during an argument after a Christmas party in 2017. Days later, he allegedly kicked the door to the woman’s house when she refused to let him inside. Earlier that year, in August 2017, he reportedly kicked her clothes dryer, breaking the appliance, according to court records.

Sisti also wants to delay any sentencing imposed for the criminal mischief convictions, arguing his sentence might have been different if he had originally been found not guilty of domestic violence and assault. Wolf wrote that line of argument is unconvincing.

“There is simply no indication in the record that the Court would have sentenced the defendant differently had he been acquitted of the domestic violence and simple assault charges. As a result, there is nothing for the Court to reconsider at this juncture, and resentencing would be an exercise in futility,” Wolf wrote.

Woodburn has been fighting the charges for years, and he is running out of room to keep his case alive — and himself out of jail.

Patricia LaFrance, the former attorney for the victim in the case, told NHJournal there’s nothing to appeal for the criminal mischief convictions after the state Supreme Court upheld those counts.

“The next step would be the United States Supreme Court, but there would have to be some controversy that splits the states,” LaFrance said.

Criminal cases that raise questions for the United States Supreme Court usually center on legal discrepancies between states, where particular laws or standards vary. Woodburn and Sisti are not currently arguing anything that could go to the highest federal court. She said that even if they were, it is unlikely they would get that far. New Hampshire criminal cases rarely go to the High Court.

“I had a case in 2011 that went to the (United States) Supreme Court, and that was the first criminal case from New Hampshire in 40 years to go there,” LaFrance said.

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

Disgraced Democratic legislative leader Jeff Woodburn’s domestic violence convictions have been wiped out after the New Hampshire Supreme Court ruled he was denied a fair defense at trial.

“Because the record contains ‘some evidence’ supporting a rational finding that the defendant acted in self-defense, the trial court’s refusal to instruct the jury on that theory of defense was unreasonable,” Associate Justice James Bassett wrote.

The state’s high court ruled Thursday that Woodburn should have been able to argue self-defense to the jury. Woodburn (D-Whitefield) was the Democratic state Senate Minority Leader when he was charged in 2018 with assaulting his then-girlfriend.

Woodburn was blocked from arguing that he acted in self-defense against the woman, according to Bassett.

“On several occasions, the court excluded evidence of the complainant’s alleged prior aggressive conduct towards the defendant, including evidence that she had tried to block or restrain him from leaving her during previous conflicts. The defendant argued that this evidence was relevant to his theory of self-defense,” Bassett wrote.

While the court sent the domestic violence case back to Coos Superior Court Judge Peter Bornstein, it also upheld Woodburn’s convictions on criminal mischief.

Michael Garrity, communications director for New Hampshire Attorney General John Formella, said there is no decision yet on whether or not to bring a new trial against Woodburn. “We are reviewing the New Hampshire Supreme Court’s opinion in the case of State v. Jeffrey Woodburn so that we can determine our next steps,” Garrity said.

Woodburn was New Hampshire’s top-ranking Democratic senator at the time of his arrest. After winning his party’s primary, Woodburn went on to lose the 2018 general election to 75-year-old first-time candidate David Starr.

“It’s disappointing that these convictions were overturned by the Supreme Court on a legal technicality,” said Amanda Grady Sexton, director of public affairs for the New Hampshire Coalition Against Domestic and Sexual Violence. “However, other convictions in this case still stand, and Mr. Woodburn will be going to jail for his crimes. He was convicted by a jury of his peers and by a jury that believed the survivor. This decision should not in any way discourage victims of domestic violence from coming forward and reporting abuse.”

According to court records, the convictions stem from Woodburn’s violent actions related to three separate incidents. In the first, Woodburn and the woman arrived in separate vehicles at a Dec. 15, 2017, Christmas party, and the woman agreed to drive him home so that Woodburn could 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 that same year, Woodburn kicked the door to the woman’s house when she refused to let him inside. in August 2017, he reportedly kicked her clothes dryer, breaking the appliance, police records showed.

The woman went on record telling Bornstein that she tried to grab his phone without permission at one point during her many struggles with Woodburn. Bornstein stated in court that phone grabbing did not rise to the level of behavior that allows for Woodburn’s self-defense claims. 

In the lead-up to the trial, Woodburn’s attorney Donna Brown, sent unredacted copies of sealed court records to press members, effectively leaking the victim’s name to the media.

“His lawyer pro-actively sent copies of unsealed documents to the media,” the alleged victim’s attorney—and former Hillsborough County prosecutor— Patricia LaFrance told NHJournal at the time. “I’ve never seen that in my 16 years as a prosecutor.”

Woodburn was sentenced to two years in jail after his trial, with all but 60 days suspended. He remains free on bail. 

As New Hampshire Democrats remain silent about one of their own sitting in jail on stalking charges, the state’s leading victim advocacy group is speaking out.

State Rep. Stacie Laughton (D-Nashua) is currently being held without bail in Manchester’s Valley Street Jail on grounds she presents an ongoing danger to the public as well as the victim of her stalking and harassment. Laughton had already been found guilty of stalking the same Hudson woman named in the current complaint. The charges go back to at least 2019 before Laughton was elected as New Hampshire’s first transgender state representative.

Incoming House Democratic Caucus leader Rep. Matt Wilhelm and state party chair Ray Buckley have both refused to condemn Laughton’s behavior or respond to multiple requests for comment about her arrest.

But the New Hampshire Coalition Against Domestic and Sexual Violence (NHCADSV) is speaking out.

“We are extremely concerned by the numerous charges filed against Rep. Laughton. It is critical that individuals that hold positions of power be held accountable when they cause harm. There is no place in the New Hampshire legislature for those who perpetrate abuse,” said Amanda Grady Sexton, NHCADSV director of public affairs. “Stalking is rooted in a pattern of behavior intended to cause fear in the victim and can have long-term impacts on a survivor. Stalking is a very serious crime that has the potential to escalate to physical and even lethal violence,” Grady Sexton said.

One reason for the Democratic Party’s silence, critics said, was the GOP’s extremely narrow 198-201 majority in the House. As a result, every vote will count at Wednesday’s Organization Day session when representatives are sworn in and leadership positions are settled. Laughton’s vote could decide which party has a majority.

Democrats are also mounting a major campaign to oust current Secretary of State Dave Scanlan in favor of former State Sen. Melanie Levesque (D-Brookline).

Could Laughton leave jail to cast a vote on the floor of the State House? Under New Hampshire’s Constitution, state representatives cannot be stopped from attending House sessions and police are prohibited from arresting representatives en route to the legislature.

“Democrats could solve this problem by announcing in advance they will refuse to seat Laughton,” said Rep. Ross Berry (R-Manchester). “But they haven’t, which means they care more about politics than protecting women.”

Laughton is accused of repeatedly violating orders to leave a Hudson woman alone as well as charges of stalking, criminal defamation, and making false 911 calls. Laughton is already facing jail time after pleading no contest last summer to charges of making false 911 calls about the same victim. Prosecutors have told the court they plan to ask for the imposition of the suspended nine-month sentence brought in that case.

She is scheduled for a hearing in Nashua District Court on Dec. 22, during which she could enter into a plea agreement to resolve her case. Even if she misses Organization Day, Laughton would be free to serve in the House once she is released as she is not currently charged with any felonies.

Laughton won a seat for state representative in 2012 but was forced to resign soon after her 2008 credit card fraud arrest became public. Despite pressure from the Democratic Party, Laughton tried to run again to fill the seat in a special election after her resignation. That bid was cut short when it was deemed she was legally ineligible for office at the time since she was still technically serving her suspended sentence for the felony credit card fraud case.

Lindsay Smith hopes to one day be a voice for gun safety and women, but right now she is relearning how to walk after a gunshot put her in a coma. 

Just weeks after being denied a restraining order by 10th Circuit Court Judge Polly Hall, Smith, 34, was shot in the head by her ex, 55-year-old Richard Lorman of Wilton, N.H. Hall’s failure to protect Lindsay still angers her mother, Cindy Smith.

“If that judge would have awarded a restraining order, (Lorman) wouldn’t have been able to buy a gun, which he did days before the shooting,” Cindy Smith said.

Lorman killed himself shortly after shooting Lindsay Smith.

Lindsay Smith had been recovering slowly from her head wound but took a turn for the worse this fall. She ended up back in the hospital and suffered a stroke from blood loss.

“She’d had a setback. She’s had infection after infestation and she has to relearn how to walk,” Cindy Smith said. “We’re blessed that intellectually she has decent capabilities.”

In August, 2021, Lindsay Smith had sought a protective order in August in the 10th Circuit Court – Hampton Family Division, and obtained a temporary one in September, according to the New Hampshire Judiciary Internal Review Committee’s initial report. However, Hall denied the permanent order Smith sought on Oct. 20 for lack of a “credible, present threat.”

Lindsay Smith told Hall about months of threats from Lorman, while he stalked and harassed her. He also harassed her family members and her coworkers.

“Everything you hold dear, I will f–k it up. You can’t trust anything to be okay anymore. I am going to turn your world upside down. You’ll see. You’ll pay. You chose this,” Lorman said, according to the committee report.

After the restraining order was denied, Lorman, bought a gun and on Nov. 15, 2021, went to Lindsay Smith’s place of employment in Massachusetts. He waited for her to leave the building and shot her in the head.

The Internal Review Committee ultimately cleared Hall of failing Lindsay Smith, finding that Hall was limited in what she could do for Lindsay Smith, in part, based on New Hampshire law and its outdated definitions of abuse. 

Cindy Smith feels the committee report was a coverup to continue protecting judges from consequences.

“I wasn’t surprised. It’s unfathomable to me that judges don’t ever have to be held accountable,” Lindsay Smith said.

The review was led by Circuit Court Judge Susan Carbon, former director of the Office on Violence Against Women at the U.S. Department of Justice. Hall told the committee she declined to issue the restraining order because of the absence of any act of physical violence by the defendant since 2016, her understanding that Lorman’s threats were mainly related to “blackmail” and reputational or emotional harm, and because Smith didn’t express fear of a specific physical threat.

“In the absence of a recent act of violence or what she understood as an explicit threat of violence, she felt constrained by case law to find as she did,” according to the committee’s report.

Destinie Berard has been dealing with Hall for years in her own domestic violence case. She said Hall’s orders never protect victims, and New Hampshire never holds judges accountable.

“What the judge did is completely out of control,” Berard said. “When a judge does something, they almost always point you in circles.

New Hampshire judges are subject to a performance review once every three years by the Judicial Conduct Committee, whose 11 members are appointed by the New Hampshire Supreme Court, the Governor, the Speaker of the House, the Senate President, and the New Hampshire Bar Association.

Judges typically have advance notice of an upcoming review. Absent a sustained criminal charge, the results of an individual judge’s review are typically not made public.

The committee’s annual report for 2021, the most recent available, states 72 new complaints filed against judges in 2021, the vast majority of which were investigated and dismissed by the committee.

Cindy Smith said New Hampshire needs to change the way it oversees judges.

“I would like Judge Polly Hall to be held accountable for negligence,” Cindy Smith said.

 Now, Lindsay Smith is home again from the hospital and recovering. Berard started a Go Fund Me campaign to help the Smith family with her medical expenses. Berard hopes Lindsay Smith recovers, and that judges can no longer hide behind immunity when they make near-fatal errors.

“Somebody needs to be held accountable,” Berard said. “Lindsay’s life is completely shattered.”

With control of the New Hampshire House just two seats from their grasp and the recounts going their way, state Democrats are staying silent on the behavior of Nashua Rep. Stacie Laughton, a repeat offender who was arrested over the weekend in a domestic violence-related stalking case. 

Laughton, New Hampshire’s first transgender elected official, spent the weekend at Valley Street Jail after she was arrested for allegedly violating a domestic violence order by stalking another person. Hudson police did not provide details about the misdemeanor charges when contacted this week, out of a desire to protect the identity of the alleged victim.

Democrats, who claim to be advocates for victims of domestic violence, have refused to respond to repeated requests for comment about Laughton’s case or condemn her actions. Some Republicans have compared it to state Sen. Jeff Woodburn, who was charged (and eventually convicted) of assaulting his girlfriend in 2018 yet faced little opposition from Democratic leadership in his primary and general elections. Woodburn won the primary but lost the general to obscure GOP newcomer David Starr.

Woodburn was eventually convicted and sentenced to 60 days in jail. Woodburn is appealing his conviction.

Laughton is charged with stalking a woman in violation of a civil restraining order, according to Hudson police. Laughton, and her spouse, were unavailable for comment about the arrest.

At least one House Democrat came to Laughton’s defense on Twitter. Rep. Timothy Horrigan (D-Durham) likened the stalking charges to a victimless crime.

“She’s gotten into a lot of trouble over the years & she keeps getting into trouble, but she’s basically a good person,” Horrigan tweeted. “She’s not violent or abusive, or harmful to anyone other than herself.”

Former GOP state Rep. Kim Rice was taken aback by Horrigan’s stance.

“I don’t think the person she was stalking would feel the same way,” Rice responded. “I am thinking that person would definitely think they were harmed. I’m shocked sitting on the [House] Judiciary Committee you would even say this.”

And Laughton’s criminal history is far from victimless. She was convicted in 2008 of credit card fraud for stealing from a person in Laconia. In 2015, Laughton was charged with calling in a bomb threat at the Southern New Hampshire Medical Center hospital in Nashua. These charges were later dropped as Laughton claimed she was suffering from a mental health crisis at the time.

Last year, as a sitting state representative, Laughton was charged with several counts of sending false texts to the city’s 911 system. Laughton claimed she did not send the texts in question, and the state and city party did seemingly nothing about her continuing legal adventures.

The protective order Laughton violated was issued in July, months before both the September Democratic primaries and last week’s midterm elections. That meant state and local Democrats were aware of Laughton’s actions and could have taken action.

Horrigan did not respond to NHJournal’s request for comment.

New Hampshire’s Democratic State Party has also declined multiple requests for comment, as have local Nashua Democratic Party leaders.

New Hampshire has few rules when it comes to legislatures in legal trouble. Paul Smith, clerk of the New Hampshire House of Representatives, said the state has no mechanism to remove a lawmaker charged with a crime.

“There are no rules,” Smith said. “There is no automatic process for expulsion.”

Former Democratic leader Jeffrey Woodburn, convicted of physically abusing his ex-fiancée, will represent himself next week as he seeks to reverse his case at a hearing before the state Supreme Court. 

The hearing is set for Tuesday morning. Woodburn is expected to argue he was denied a fair trial because he could not accuse the victim of abuse for trying to take his phone.

Woodburn (D-Whitefield) was the Democrat’s Senate Minority Leader when he was charged in 2018 with nine counts of assaulting his former fiancée. Though he initially resigned as leader, Woodburn clung to his Senate seat for months and members of the Coos County Democratic Committee initially refused to ask him to step down.

The appeal stems from Coos Superior Court Judge Peter Bornstein’s ruling that Woodburn could not argue self-defense during the trial. Woodburn was originally charged with nine counts stemming from more than a year of abuse he reportedly directed at the victim.

The convictions are based on Woodburn’s violent actions related to three separate incidents, according to court records. The victim went on the record telling Bornstein that at one point during her many struggles with Woodburn she tried to grab his phone without permission. Bornstein stated in court the attempted grab did not rise to the level of behavior that allows for Woodburn’s self-defense claims.

In the lead-up to the trial, Woodburn leaked the name of the victim to the media by having his attorney, Donna Brown, send unredacted copies of sealed court records to members of the press.

“His lawyer proactively sent copies of unsealed documents to the media,” the alleged victim’s attorney—and former Hillsborough County prosecutor— Patricia LaFrance told NHJournal at the time. “I’ve never seen that in my 16 years as a prosecutor”

Woodburn was sentenced to two years in jail with all but 60 days suspended. He has been out on bail pending his appeal.

New Hampshire Democrats now have the specter of Woodburn’s domestic violence haunting them again a few weeks before the midterm elections. Representatives for the state Democratic Party did not respond to a request for comment.

Woodburn’s case came at a particularly problematic time for New Hampshire Democrats, during the hearings for Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court. U.S. Sens. Maggie Hassan and Jeanne Shaheen both opposed the Trump nominee and used unfounded — and in some cases, ludicrous — allegations of sexual assault from Kavanaugh’s high school and college days as a reason to reject him. They were unwilling, however, to publicly criticize Woodburn until months after he was charged with a crime.

Woodburn won the Democratic nomination in 2018 but lost the general election.

The most egregious blow to the victim, critics say, came when a Woodburn paramour who smeared the victim as a “liar” and “sociopath” was given a leadership award by the Manchester Democrats organization.