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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.

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.”