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The Manchester Police Department’s (MPD) message on the Thomas Rogers case is “move along, nothing to see here.”

But multiple legal sources tell NHJournal the MPD’s officers completely mishandled the domestic violence case against the Assistant Hillsborough County Attorney.

The MPD dropped the charges filed against Rogers this week, despite the fact that he had previously been arrested twice on the same day for allegedly abusing his girlfriend and violating his bail.

“Decisions at the time of arrest and arraignment are made based on the information available in that moment. As with any case, we acted in accordance with standard procedure,” said Heather Hamel, spokesperson for the MPD.

However, legal insiders told NHJournal that the case should never have been handled by the MPD prosecutor’s office. All misdemeanor criminal cases in Manchester are supposed to go to the City Solicitor’s office. In fact, the City Solicitor is even listed as the prosecutor on the court’s public docket in Rogers’ case. Before the charges were dropped, the case was scheduled for trial in September.

However, MPD prosecutors handle cases for arraignment and initial bail hearings before handing the case off to the City Solicitor. And the MPD cut a deal with Rogers’ attorney on Monday morning when he was scheduled for his arraignment on charges of domestic violence-simple assault, stalking, and breach of bail. 

Instead of the arraignment, the MPD prosecutor and defense attorney presented an agreement to conditionally “nol pros” the charges. That means the charges will be dropped as long as Rogers remains on good behavior for a year and undergoes drug and alcohol testing. 

Rogers was arrested in the early morning hours of July 4 in Manchester after neighbors saw him shove his girlfriend to the ground, at which time the neighbors intervened, according to police reports. The neighbors reportedly said they had witnessed Rogers abuse the woman prior to the arrest. Hours later, Rogers was arrested again at the woman’s home in violation of his bail order, according to court records.

The expedited handling of the case raises questions about the appearance of favoritism for Rogers, who was assigned to the HCAO’s Special Victims Unit before his arrest. Rogers was in charge of prosecuting felony domestic violence cases, as well as rapes, sexual assaults, and other similar crimes, most of which were investigated by MPD detectives.

Hamel denied that Rogers got any special treatment, despite his working relationship with the MPD.

“We don’t make decisions based on appearances. We follow the law and established practices, and we have full confidence in our prosecutors to make fair, unbiased decisions based on their experience and the facts,” Hamel said. “Mr. Rogers worked on cases that involved officers from our department, but there was no direct relationship or personal connection that would have influenced this matter.”

Still, NHJournal is told by legal sources that neither the MPD nor the City Solicitor should have handled the prosecution. If Rogers’ case had gone to the City Solicitor’s Office, NHJournal has learned it is unlikely City Solicitor Emily Gray Rice would have kept the case in-house. Rice declined to comment when contacted this week.

Rice, a former federal prosecutor, was brought in by former Mayor Ted Gatsas in 2017 to clean up the office. Rice took over after the New Hampshire Attorney General’s Office publicly called out her predecessor, Tom Clark, who oversaw an office that failed to prosecute a number of domestic violence cases.

Lyn Schollett, executive director with the New Hampshire Coalition Against Domestic and Sexual Violence, is calling for a review of Rogers’ criminal case and the way it was handled. She also wants a review of all the cases he handled as a prosecutor.

First Assistant Hillsborough County Attorney Shawn Sweeney has said Rogers is no longer working in the SVU, but it’s unclear if he is still employed by the office. Sweeney claims the HCAO had no role in Rogers’ deal.

“It is important to clarify that our office has not been involved in the investigation, prosecution, or the decision to dismiss these charges,” Sweeney said. “To ensure continuity, Mr. Rogers’ cases are being reassigned. We remain resolute in our commitment to pursuing justice for victims of domestic violence and holding offenders accountable.”

Rogers, a 2015 UNH Franklin Pierce School of Law graduate and president of the school’s Federalist Society, started working for the HCAO last year. His arrest and deal come as Hillsborough County Attorney John Coughlin, a former judge, is said to be a candidate for a federally appointed position.

Coughlin’s office already earned a black eye when it mishandled paperwork, resulting in the release of Amuri Diole from jail after he was deemed a danger to himself and others. While he was free in April 2021, Diole allegedly abducted a woman off the street, brought her to Valley Cemetery, and raped her for hours until he was stopped and arrested by Manchester Police.

“I can’t change history. I can’t change the facts,” Coughlin told NHJournal in October.

All criminal charges against Assistant Hillsborough County Attorney Thomas Rogers, a lawyer working in the Special Victims Unit, were dropped Monday, just days after he was arrested twice in two separate domestic violence incidents.

Now, the New Hampshire Coalition Against Domestic and Sexual Violence is calling for a full review of this case and all of the cases Rogers prosecuted in Special Victims.

“[W]e recognize that when someone in a position of authority within the criminal justice system is accused of domestic violence, it can erode public trust,” said Lyn Schollett, executive director of the Coalition. “Survivors who have put their faith in the system may now question whether their own cases will be taken seriously, fairly prosecuted, or influenced by internal relationships.”

Rogers was in Manchester District Court on Monday to settle misdemeanor charges of domestic violence-simple assault, stalking, and breach of bail following his two arrests Friday morning — once just after midnight and again around 6:30 a.m.

The deal reached between prosecutors and Rogers’ defense attorney lets him walk away with all charges nol prossed, or dismissed, by the court. It also stipulates that Rogers is to be on good behavior for the next year and submit to taking a drug or alcohol test.

Heather Hamel, spokesperson for the Manchester Police Department, told NHJournal that the victim in the case had input into the agreement. Schollett said bringing the victim into the settlement talks was the right thing to do.

“Every individual who experiences domestic violence deserves safety, support, and the freedom to make their own decisions—including whether or not to participate in a criminal prosecution. It is critical that victims’ voices be heard and respected,” Schiollett said.

While it is important that victims have a voice in the process, it’s crucial for the rule of law to apply to everyone, even prosecutors, she said.

“No one, regardless of their status or position, is above accountability, and no survivor is alone,” Schollett said.

The Hillsborough County Attorney’s Office needs to acknowledge the deep faith the community puts in its employees to uphold the law and protect people by taking concerns about Rogers seriously, according to Schollett. That faith has been shaken by Rogers’ arrest and quick settlement and needs to be earned back.

“We encourage the Hillsborough County Attorney’s Office to address the public’s concerns directly and transparently, and to reaffirm its commitment to handling all domestic violence cases with integrity, consistency, and impartiality,” Schollett said. “We also call for an independent review of both this case and of all of the domestic violence cases handled by the prosecutor charged with domestic violence. Such a review and public report are the only way to ensure that public confidence is restored and that no survivor feels their case may be unfairly handled due to internal conflicts of interest.”

Rogers’ case was prosecuted by the Manchester City Solicitor’s Office, according to court records. City Solicitor Emily Gray Rice did not respond to a request for comment.

Shawn Sweeney, First Assistant Hillsborough County Attorney, told NHJournal Rogers is no longer working in the Special Victims Unit, but declined to say if he was still employed by the Hillsborough County Attorney’s Office. 

According to court records, sometime after midnight on Friday, Rogers got into a conflict with neighbors over fireworks being lit. Rogers had been drinking and began fighting with a neighbor after the neighbor saw Rogers shove his girlfriend to the ground, according to court records. Police were called about the first incident, and Rogers was taken into custody and charged with domestic violence simple assault. He was then released around 2:30 a.m. on bail and ordered to stay away from the woman. 

Police responded to a 911 hang-up call from his address around 6:30 a.m. to find Rogers now alone in the home, according to court records. He was then arrested and charged with stalking and breach of bail.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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