inside sources print logo
Get up to date New Hampshire news in your inbox

Ayotte Adds Voice to Chorus Calling for Magistrate in Berlin Bail Fiasco to Resign

Gov. Kelly Ayotte says she agrees that Magistrate Stephanie Johnson should resign, joining a growing chorus of voices who want the court-appointed official to face the consequences of her recent bail rulings.

The calls for Johnson to step down began on Monday when Republican Executive Councilors Joe Kenney and John Stephen publicly released a letter they sent to state Supreme Court Chief Justice Gordon MacDonald and Administrative Judge Ellen Christo, urging them to immediately remove Johnson from her position.

“The release of this individual, who subsequently committed such a heinous act, represents a profound failure in our system that endangered lives and eroded trust in our judiciary,” Kenney and Stephen wrote. 

On Tuesday, fellow GOP Councilor Janet Stevens (R-District 3) joined the cause.

“Magistrate Stephanie Johnson must resign. Since she was sworn into office in December 2024, she has failed to protect the citizens of NH,” Stevens posted on social media. “In February, she released a man who later stabbed a stranger in Manchester. Five months later, an innocent 25-year-old woman is murdered by her former husband, who had been charged with kidnapping, domestic violence, and sexual assault, and granted bail by Johnson. Enough is enough.”

Gleason, 50, murdered his estranged wife, Sandra Marisol Fuentes Huaracha, 25, last week while she was working at the La Casita Mexican restaurant in Berlin. After gunning her down inside the restaurant, Gleason turned the shotgun on himself. At the time of the murder, Gleason was on bail on charges of kidnapping, domestic violence, sexual assault, and theft against Fuentes Huaracha.

MacDonald has already announced that both Christo and Associate Supreme Court Justice Melissa Countway are reviewing the Gleason case to identify red flags that court officials, such as Johnson, may have missed.

Johnson was appointed in December as one of New Hampshire’s first bail magistrates, a position created in yet another attempt to fix the failed bail reforms passed by a previously GOP-led legislature and signed by Gov. Chris Sununu. Magistrates like Johnson were tasked with hearing bail requests in the absence of a judge when one was unavailable.

Ayotte made fixing bail reform a top priority in her first term, and the changes she got through the legislature include the elimination of the bail magistrate system.

“I agree this magistrate should resign and, in fact, I advocated for eliminating all the magistrates in the stronger bail law that goes into effect in September so we can keep violent offenders and domestic abusers off our streets,” Ayotte told NHJournal. “My heart goes out to Marisol’s loved ones and the entire Berlin community, and I will continue fighting alongside our legislature to protect victims.”

House Republican leaders also called for Johnson’s resignation and highlighted Democratic opposition to some of Ayotte’s reform proposals.

“To be abundantly clear, incidents like these are why House Republicans passed, and Gov. Ayotte signed, commonsense bail reform, which will take full effect on September 21, 2025,” said Deputy House Majority Leader Joe Sweeney (R-Salem).

“We are doing everything we can to ensure that we keep dangerous criminals behind bars until their day in court. Yet Democrats stood in our way at every turn, even pushing a reckless amendment to forbid bail commissioners from reviewing prior convictions. Democrats would rather shield repeat offenders than protect law-abiding Granite Staters.”

In Berlin, the murder-suicide hit the community hard. The issue of Johnson’s handling of the case was first raised by Kenney, who represents the North Country community on the Executive Council.

“People just 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 gives a limited bail amount to this estranged husband,” Kenney said at last week’s council meeting.

On Tuesday, Mayor Robert Cone posted a copy of the Kenney-Stephen letter on his Facebook page with a two comment: “Absolutely agree.”

While removing Johnson from overseeing bail cases would be satisfying, Republicans privately acknowledged it’s also redundant. The new bail law requires all cases to be heard by judges; magistrates will be excluded from the process. Pressing for Johnson to resign, they say, is the right way to promote accountability and signal others in the judicial system that egregious rulings will come with consequences.

“Our citizens deserve better—no more delays, no more tragedies,” Sweeney said Tuesday. “The resignation of Magistrate Johnson is not about politics—it is the only way to restore faith in our justice system.”

Bail Fail: Councilors Kenney, Stephen Want Immediate Removal of Magistrate in Berlin Murder Case

In the wake of the horrific murder of 25-year-old Sandra Marisol Fuentes Huaracha’s murder by her estranged husband, Michael Gleason Jr., the state’s Supreme Court chief justice has ordered a review.

But that’s not fast enough for Executive Councilors Joe Kenney (R-Unity) and John Stephen (R-Manchester), who have written the court and asked for Magistrate Stephanie Johnson to be immediately barred from hearing more bail cases due to her troubled track record.

“Pursuant to Supreme Court Administrative Order 2024-03, which empowers the Chief Justice to remove a magistrate for cause at any time during their five-year term, we urge you to exercise this authority without delay and remove Magistrate Johnson from her position,” they wrote to state Supreme Court Chief Justice Gordon MacDonald and Administrative Judge Ellen Christo.

“This step is essential not only to hold accountable those whose judgments have led to preventable loss but also to restore confidence in our bail processes. We stand ready to support any necessary reforms to strengthen our system and prioritize victim safety.”

Kenney raised questions about the case when the Executive Council met in Coos County last week, and Stephen has been railing about Johnson since learning about her role in a previous bail fiasco.

“You don’t have to be a rocket scientist to know this magistrate’s not making appropriate decisions. And some are so outrageous, you have to question her ability to sit and judge on these cases going forward, and I want to make sure we do the best we can for our victims,” Stephen said on the NHJournal podcast Monday.

“I called on the court to immediately remove this magistrate from any of her duties. And we’ve got to be serious about bail, and we have to stop this nonsense,” Stephen added.

In late April, Johnson allowed Gleason out on $5,000 cash bail after his arrest on serious felony charges, including sexual assault, kidnapping, domestic violence, and theft. Gleason eventually posted bail and, on the morning of Sunday, July 6, made his way to La Casita Mexican restaurant in Berlin, where Fuentes Huaracha worked.

He shot her multiple times with a shotgun, then went into the bathroom and turned it on himself, according to the state Attorney General’s Office.

This isn’t the first time Johnson’s been called out for allowing a violent criminal to get bail. In February, Johnson allowed Kyle Bisson, 26, to go free on no-cash bail after he was charged with stabbing a Manchester man between 9 and 13 times during an altercation on Elm Street. At the time, Bisson’s criminal record included a conviction for domestic violence. 

Stephen said he called for action against Johnson at the time. Now he says he won’t sit back and wait.

“I’m not trying to be vindictive. I just want to make sure we protect the public and safety,” Stephen said.

“I have asked the court — and I spoke to the administrative head of the courts — to please make sure this individual, at the minimum, is not hearing any more bail cases.”

State Supreme Court Chief Justice Gordon MacDonald announced Monday he’s assigning Christo and Associate Supreme Court Justice Mellisa Countway to review the Gleason case and how Johnson handled it.

“The judicial branch will work with the Domestic Violence Fatality Review Committee to the extent the committee examines the circumstances in these cases,” according to a statement from MacDonald’s office.

Johnson was appointed in December to be one of New Hampshire’s first bail magistrates under yet another legislative change to the state’s beleaguered bail system. Gov. Chris Sununu first signed a bail reform bill into law in 2018, which was supposed to make it easier for non-violent offenders to get no-cash bail. Instead, many charged with violent crimes were getting out and committing new crimes due to the reform.

Last year’s legislative attempt to update the reform added magistrates like Johnson to the mix. The 2024 law required people charged with serious, violent crimes to get bail hearings before a judge or magistrate. The new bail magistrates solely set bail for people charged with serious crimes when judges were not available, like on weekends or holidays.

Johnson is a private practice attorney who has been a prosecutor for several years. She worked as an assistant attorney general for the New Hampshire Department of Justice and as a Rockingham Assistant County Attorney.

Stephen said he’s concerned by comments suggesting concerns about the costs of keeping suspects like Gleason in jail may have played some role in the magistrate’s ruling.

“The county is going to have to pay the expenses of (holding) an individual prisoner,” Stephen acknowledged.

“We shouldn’t be looking at cost in the equation of whether someone’s a risk to the public,” Stephen added. “If that’s happening, that’s wrong. And it’s got to stop.”

Gov. Kelly Ayotte pushed for a whole new bail system that keeps violent offenders in jail as soon as she was sworn in as governor this year. Her bail reform, which takes effect in January, does away with magistrates. She told the Executive Council last week that Huaracha might be alive if her reform had been in effect earlier this year.

“There’s a reason why one of the first priorities I had as governor was to make sure that we reversed some of the so-called reforms that were made that led to these unintended consequences that were very tragic,” Ayotte told the Council.

Stephen isn’t alone in singling out Johnson. Last week, Rep. Lori Korzen (R-Berlin) sent Johnson a letter demanding she resign from her post. 

“Our community deserves leaders who act with the utmost vigilance and responsibility, particularly in matters where lives are at stake,” Korzen wrote. “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.”

A Look at Shea-Porter, Kuster’s War Chests Hints Toward 2018 Midterm Elections

It’s never too early to be thinking about the 2018 midterm elections. For the incumbent party in the White House, it usually means losing seats. However, Republicans are poised to retain control of the House and Senate, barring any major catastrophe, which would give Democrats the advantage.

In New Hampshire, it could mean tough races for Democratic incumbent Reps. Carol Shea-Porter and Annie Kuster, and their final campaign finance filings for the 2016 election cycle can provide clues on what to expect for their reelection campaigns.

Assuming they run again for their seats, Kuster and Shea-Porter enter the 2018 contests with a significant difference between them in their total cash on hand.

Shea-Porter only has approximately $3,800 in the bank as a result of a tough election against former Republican Rep. Frank Guinta and Independent candidate Shawn O’Connor. Out of the 435 representatives in the House, she has the fifth lowest cash on hand total.

Kuster, on the other hand, sits modestly with just over $1 million stashed away.

The median amount that lawmakers who won their races in 2016 have in the bank is about $367,000, according to the Center for Responsive Politics (CRP), a nonpartisan research group tracking money and lobbying in elections. Specifically for House candidates, it’s about $361,000.

Of course, for party leaders they have the biggest war chests since they are expected to raise money to help their colleagues. House Speaker Paul Ryan had the highest cash on hand in the House with $9.1 million.

“The typical pattern is that campaigns that are in tough reelections or open seat battles will almost never have any money left,” said Caleb Burns, a partner at Wiley Rein LLP, to the CRP. “But conversely, the opposite is also true, where members of Congress have extraordinarily safe seats and don’t feel the pressure of having to raise a lot of money.”

That’s especially true for New Hampshire’s representatives. Kuster was assumed to have a relatively safe seat in the Granite State’s 2nd Congressional District, while Shea-Porter in the 1st Congressional District was always going to have a tough time ousting Guinta.

So what does this mean going into next year’s race?

Well, it shouldn’t come as a surprise, but the National Republican Congressional Committee (NRCC) included Shea-Porter and Kuster in their initial 36-member target list.

Kuster spent nearly $2.2 million against Republican challenger Jim Lawrence. He spent less than $100,000, and yet, Kuster only defeated Lawrence by 5 percent, 50-45 percent, respectively, with Libertarian John Babiarz receiving 5 percent. The NRCC figures that if they can recruit a decent candidate and put a little money into the race, they could have a chance at ousting Kuster.

For Shea-Porter, the 1st Congressional District is always a toss up, mostly because it’s been a Shea-Porter versus Guinta contest every two years since 2010. The NRCC and the Democratic Congressional Campaign Committee usually throw a decent amount of funds toward the district’s candidates. It also helps the NRCC that Shea-Porter has been kicked out by voters before and she defeated Guinta in a crowded field. She won by a margin of 162,080 to 156,176, while independents O’Connor and Brendan Kelly and Libertarian Robert Lombardo garnered a total of 46,316 votes among them, possibly to the detriment of Guinta.

However, Republicans swept the 1st District in every other federal race. Donald Trump defeated Hillary Clinton by about 6,000 votes, former Sen. Kelly Ayotte beat Sen. Maggie Hassan also by about 6,000 votes, and Gov. Chris Sununu defeated former Executive Councilor Colin Van Ostern by about 18,000 votes. With the right candidate, the NRCC believes they can flip the district again.

Any ideas on who’s going to run against Shea-Porter or Kuster?

As recently as Wednesday, one Republican has indicated that he’s “seriously” interested in challenging Shea-Porter in the 1st District.

John Burt, a four-term New Hampshire House member from Goffstown, told WMUR that he has spoken with conservatives throughout the state and region about running for Congress. He said he hopes to make a final decision in the coming weeks.

“I have no doubt that I can beat Carol Shea-Porter,” he said. “In 2018, it’s going to be another 2010-type sweep of Republicans heading to D.C. and also to the New Hampshire State House.”

Other Republicans being talked about as possible candidates include state Sen. Andy Sanborn from Bedford and former state commissioner of the Department of Health and Human Services John Stephen, who is also a former gubernatorial and congressional candidate.

Don’t be surprised if Guinta makes another run for the seat he lost. Neither Shea-Porter nor Guinta ruled out running again in 2018 if they lost.

Earlier this month, the DCCC made Kuster the chair of its “Frontline” incumbent retention program, which gives special attention to vulnerable Democratic incumbents, so they must feel confident that she can win again in 2018.

However, former state Rep. Joe Sweeney of Salem previously told WMUR that he is “in the very early portion of exploring a run” for the 2nd District against Kuster.

“I firmly believe that Congresswoman Kuster does not adequately represent the district, and her performance and voting record presents a winnable path,” he said.

Senate President Chuck Morse could also be a potential candidate. The Salem senator is listed on the National Governors Association’s website as a former governor of New Hampshire. He served as acting governor for two days from January 3 to 5, when former Gov. Hassan resigned early to be sworn in as U.S. Senator. The New Hampshire Union Leader sees him as an option for Republican Party operatives still looking for a candidate.

Voters shouldn’t rule out seeing the two Republican frontrunners from the 2nd District GOP primary on the ballot either. Former House Majority Leader Jack Flanagan from Brookline indicated that he was hearing from supporters to run again in 2018. He lost the GOP primary to Lawrence by about 5,000 votes. Also, with Lawrence’s close finish to Kuster in the general election, he heard calls from supporters to consider yet another run. If he did, this would be his third congressional bid in six years.

Follow Kyle on Twitter.