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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.

Even if Eric Spofford is charged as part of the vandalism conspiracy targeting New Hampshire Public Radio reporter Lauren Chooljian, he still has the right to sue the broadcaster for defamation, according to Rockingham Superior Court Judge Daniel St. Hilaire. 

This week’s ruling was a setback for NHPR, which sought to head off Spofford’s attempt to revive the defamation lawsuit. Spofford maintains NHPR and Chooljian were reckless in reporting allegations of sexual misconduct and sexual assault against him.

The public broadcaster argued Spofford’s connection to Eric Labarge and the alleged criminal conspiracy showed his bad faith in the lawsuit. They wanted the court to end his quest to see Chooljian’s work product.

Spofford’s associate, Labarge, 46, was charged this month for allegedly conspiring to vandalize the homes of Chooljian, NHPR journalist Dan Barrick, and their families. Larbarge allegedly coordinated the vandalism with co-defendants Tucker Cockerline, 32, of Salem; Michael Waselchuck, 35, of Seabrook; and Keenan Saniatan, 36, of Nashua.

Labarge, himself the owner of several recovery centers, is described by prosecutors as Spofford’s “close personal associate.”

St. Hilaire denied NHPR’s request to prevent Spofford from accessing Chooljian’s notes and interview transcripts for her story. For St. Hilaire, it was about the presumption of innocence.

“Even if charges were brought against Spofford directly, the Court is not convinced that would warrant reconsideration of the balance of interest in this case given the presumption of innocence at the core of our criminal justice system,” St. Hilaire wrote.

Spofford is not accused of taking part in the vandalism conspiracy himself. According to St. Hilaire, the available documents from the federal case don’t show he was even aware of the vandalism conspiracy.

St. Hilaire dismissed Spofford’s lawsuit this year, finding he had not provided the evidence in his 300-plus page complaint to back his claims. However, Spofford is being allowed to refile the complaint. For that, Spofford said he needs to see Chooljian’s notes and interview transcripts to find the evidence St. Hilaire found lacking the first time.

With the defamation case still open for now, NHPR has been broadcasting a new series by Chooljian, “The 13th Step.” The program focuses on her story of reporting on Spofford, the vandalism, and the lawsuit. It also looks at cases of sexual predators in recovery settings in other states.

Spofford has denied all wrongdoing alleged in Chooljian’s reporting. His lawsuit claimed Chooljian based her reporting on a biased source who was looking to hurt his reputation, ignored sources who contradicted the abuse narrative, and reported as fact things that never happened. 

According to Spofford’s lawsuit, Chooljian was looking for a #metoo scalp to bolster her resume, and she and the liberal-leaning NHPR targeted him because of his conservative views.

Spofford came to prominence as a recovery success story. He was an addict who got clean and started Granite Recover Centers to help others. His business grew as New Hampshire grappled with its opioid addiction crisis, and he became a leading voice on recovery initiatives. Spofford even counseled Gov. Chris Sununu on dealing with the opioid crisis.

Spofford sold Granite Recovery Centers for an undisclosed sum, thought to be in the millions, to a Texas-based company in 2021.

Now that federal prosecutors say former Granite Recovery CEO Eric Spofford is connected to the men who vandalized the homes of New Hampshire Public Radio journalists, the broadcaster wants to shut down his access to reporting notes and recordings.

“NHPR believes that this lawsuit was filed, not because Spofford’s claims have any conceivable merit, but instead to harass and retaliate against a news organization for its journalism,” wrote Sigmund Schutz, attorney for NHPR.

Spofford is trying to revive his lawsuit against NHPR for its reporting on allegations that he sexually harassed and assaulted women he encountered at the drug recovery centers. One of his arguments in the original 300-plus page lawsuit is that NHPR unfairly linked him to the vandalism at the journalists’ homes connected to the story.

However, federal prosecutors said last month Spofford has a connection to the three men charged for allegedly throwing bricks at and vandalizing the New Hampshire and Massachusetts homes of NHPR journalists Lauren Chooljian and Dan Barrick.

Tucker Cockerline, 32, of Salem, N.H., Michael Waselchuck, 35, of Seabrook, N.H., Hampshire, and Keenan Saniatan, 36, of Nashua, N.H., are each charged with conspiring to commit stalking through interstate travel. According to prosecutors, the three suspects coordinated with an unnamed fourth man described as a “close personal associate” of Spofford.

“Given that Spofford has been linked to criminal activity designed to punish NHPR personnel for exercising their First Amendment rights, NHPR Defendants submit that the time for giving him the benefit of the doubt has passed,” Schutz wrote.

Spofford’s lawsuit was dismissed this year by Rockingham Superior Court Judge Daniel St. Hilaire, who ruled Spofford failed to show any evidence the broadcaster acted with malice in its reporting. St. Hilaire gave Spofford time to refile his lawsuit if he could come up with such evidence and further ordered that he can have access to NHPR’s reporting notes and recordings. 

Schutz wants St. Hilaire to vacate the order for the discovery, cutting off Spofford’s access to the material. Short of that, Schutz wants Spofford to pay all the costs associated with compiling the information. That is at least $50,000, including attorney fees.

Spofford’s attorney, Michael Strauss, argues his client is not charged with any wrongdoing in the vandalism, and the federal case does not state he coordinated the crimes. His only demerit is having a relationship with the unnamed and uncharged subject who allegedly coordinated the vandalism.

“The government, however, has neither charged Eric nor even alleged that he knew about or participated in the conspiracy,” Strauss wrote. “The allegations about Eric instead are limited to his relationship with an uncharged subject who, separately, the government alleges has suspiciously timed phone calls with two of the (criminal) defendants,” Strauss wrote. 

Taking away Spofford’s access to the NHPR reporting materials would set a bad legal precedent in civil lawsuits, Strauss wrote. Civil litigants would be emboldened to pursue sanctions against opposing parties based on third-party allegations, Strauss wrote.

The identity of the unnamed subject and Spofford associate who allegedly coordinated the attacks remains protected from the public. However, NHJournal first reported in March that Spofford associate Eric Labarge, 44, was investigated as a suspect in at least one of the New Hampshire incidents. 

Labarge is himself a recovering addict and the owner of the Starting Point Recovery centers.

Labarge has not been charged by any law enforcement agency in the vandalism cases. He has a criminal history that includes violence against women and attempted murder. He is also currently awaiting trial on charges of assaulting a man in Manchester. That assault took place days after the last vandalism attack in May, and the alleged victim was a man who had been a resident at a Starting Point center, according to court records. 

Previously, Spofford has acknowledged his relationship with Labarge.

Labarge is now scheduled for trial in September in the Hillsborough Superior Court — North in Manchester on the assault charge.

With three men charged for vandalizing the homes of NHPR journalists in Massachusetts, the alleged link to former Granite Recovery Center CEO Eric Spofford is being hidden by authorities.

But NH Journal readers already know the identity of at least one close Spofford associate investigated as a potential suspect, Hollis resident and recovery center owner Eric Labarge.

Federal prosecutors aren’t yet naming the fourth man tied to the vandalism, though prosecutors claim someone in Spofford’s circle coordinated with the three vandals.

Last week, Tucker Cockerline, 32, of Salem, N.H., Michael Waselchuck, 35, of Seabrook, N.H., and Keenan Saniatan, 36, of Nashua, N.H., were each charged in the United States District Court in Boston with conspiring to commit stalking through interstate travel for allegedly vandalizing the New Hampshire and Massachusetts homes of NHPR reporter Lauren Chooljian and her family, according to prosecutors.

Chooljian, NHPR News Director Dan Barrick, and others had their homes vandalized last year, about a month after Chooljian’s explosive story accusing Spofford of sexual harassment and sexual assault against women who were either clients or employees at Spofford’s Granite Recovery Centers.

Prosecutors linked Chooljian’s story to the motive for the vandalism. While the statement on the charges leaves out the names of the NHPR victims and Spofford, the identities are clear from the context and facts made public.

“According to the charging document, after a year-long investigation, an NHPR journalist (Victim 1) published an article in March 2022 detailing allegations of sexual and other misconduct by a former New Hampshire businessperson, identified in the charging document as Subject 1,” prosecutors state. “Another NHPR journalist (Victim 2) also contributed to the article, which appeared on NHPR’s website during and after March 2022. After that, it is alleged that Cockerline, Waselchuck, and Saniatan conspired with each other and with at least one other individual – allegedly identified as a close personal associate of Subject 1 — to retaliate against NHPR and Victims 1 and 2 by vandalizing the victims’ homes with bricks and large rocks, as well as spray-painting lewd and threatening language on the homes’ exteriors.”

Though the identity of the person close to Spofford who conspired with the three suspects is not being revealed, NHJournal first reported in March that Spofford associate, Labarge, is linked to at least one of the New Hampshire incidents. 

Labarge, 44, is himself a recovering addict and the owner of the Starting Point Recovery centers.

Labarge has not been charged by any law enforcement agency in the vandalism cases. He has a criminal history that includes violence against women and attempted murder. He is also currently awaiting trial on charges of assaulting a man in Manchester. That assault took place days after the last vandalism attack in May of last year, and the alleged victim was a man who had been a resident at a Starting Point center, according to court records. 

Spofford’s attorney, Michael Strauss, declined to comment on the arrests of the three suspects and their possible connection to Spofford last week. Previously, Spofford has acknowledged his relationship with Labarge.

“I worked closely with Eric Labarge to help him overcome his addiction in the early days of his sobriety,” Spofford said. “I’ve had the opportunity to watch him grow through the ups and downs of recovery for almost 10 years. He’s done great things for the recovery community, and I believe he will continue to for years to come.”

Labarge was set for trial in the Manchester assault case last month, but that was delayed due to his attorney Charles Keefe’s vacation plans. Court documents indicated last month Labarge and Keefe would use the extra time to negotiate a possible resolution to the case.

New Hampshire Public Radio is taking another shot at former Granite State Recover CEO Eric Spofford with a planned podcast making new allegations of sexual misconduct. But the show won’t include Spofford’s side of the story.

The new production, coming out in early June, includes a story from an anonymous woman who claims she sent Spofford “intimate photos of herself” sometime in 2009 after he asked, according to court records.

“NHPR’s reporting apparently also will feature a new anonymous accuser—who was neither a patient nor employee, and who for apparently the first time ever and with no indication of corroboration—alleges Eric, in 2009 (14 years ago), requested that she send him ‘intimate photos of herself – and she [allegedly] did,’” wrote Michael Strauss, Spofford’s attorney.

Spofford is challenging the order dismissing his defamation lawsuit against NHPR for its story published last year alleging he sexually harassed and assaulted women using his position as the founder of the drug addiction recovery centers. He is currently seeking more time to file a new complaint in the case. NHPR is fighting that motion in court.

According to Strauss’s latest filing, Spofford offered to sit down with NHPR reporter Lauren Chooljian for a no-holds-barred interview ahead of the new podcast. But the liberal media organization wasn’t interested.

“When Chooljian sprung NHPR’s plan for a new podcast series on Eric and requested he answer, effectively, 12 multi-part interrogatories, Eric offered NHPR and Chooljian something better: An in-person, unlimited-in-scope interview with him, on just two conditions: (i) Eric would be permitted to record the interview, and (ii) NHPR would publish, contemporaneously with and as part of the podcast series, the complete unedited version of the interview. NHPR refused,” Strauss wrote.

Rockingham Superior Court Judge Daniel St. Hilaire ruled in NHPR’s favor in March, stating Spofford failed to show that anyone at NHPR engaged in malice when reporting about the sexual assault allegations, despite the claims of bias and shoddy reporting in the lawsuit. Spofford maintains he never engaged in the sexual misconduct alleged in NHPR’s coverage.

Spofford claimed in his original lawsuit that Chooljian targeted him because of his Republican politics, and the public broadcaster used the story to raise money from donors.

“Chooljian viewed Eric as her opportunity to ascend the journalism ranks. To Chooljian, a #MeToo-styled report about a white male, Republican donor, and bold and successful businessman, who made money in the substance use disorder treatment business, had all the markings of a career-defining piece,” the lawsuit states.

In subsequent filings, Spofford went on to allege Chooljian relied on biased sources, like his ex-wife with whom he was engaged in a bitter custody dispute, and reported on nonexistent facts, such as a Snapchat photo of his penis sent to one victim. Spofford claims the photo does not exist and that Chooljian never saw the photo before reporting on it.

According to the filings, Chooljian and the station ignored witnesses who contradicted the story and refused to run statements that Spofford believed cleared him. 

In a sign the lawsuit accusing New Hampshire Public Radio of #metoo inspired defamation isn’t over yet, former Granite Recovery Centers CEO Eric Spofford is demanding access to evidence, including reporter Laura Chooljian’s notes.

Spofford claims NHPR ruined his life when it broadcast stories about his alleged sexual abuse of women connected to his drug-action recovery centers. Spofford says those stories were based on statements from openly biased sources and used phantom evidence that did not exist.

Rockingham Superior Court Judge Daniel St. Hilaire sided with the public broadcaster in dismissing Spofford’s lawsuit last week, finding that he failed to establish that anyone at NHPR engaged in malice when reporting about the sexual assault allegations. 

That dismissal, however, gave Spofford 30 days to amend his lawsuit to keep the complaint against NHPR alive in court. On Wednesday, Spofford’s attorney Michael Stauss filed a motion for evidence and a delay in the deadline to refile the lawsuit with an amended complaint that lays out evidence of malice.

“Because the New Hampshire Constitution entitles Eric to his day in court to hold the NHPR Defendants accountable for defaming him, he should be given a fair opportunity to sufficiently allege actual malice,” Strauss wrote.

Spofford wants any recording Chooljian made with the sources she used for the story, any emails she sent to NHPR colleagues about the credibility of those sources, and her reporting notes from the story. The also is also seeking recordings, notes, and communications between Chooljian and Amy Cloutier, formerly Amy Anagnost, who is Spofford’s ex-girlfriend. 

Spofford maintains the stories the sources told were not only false, but Chooljian likely knew there were problems with the sources and reported the accusations anyway. Getting access to the recordings, notes, and communications will allow him to show NHPR broadcast the story with a disregard for the truth, according to the motion.

St. Hilarie ruled Spofford’s complaint needs to show ‘clearer indicia’ of a reckless disregard for the truth to show NHPR acted with malice.

“If this story, as the NHPR Defendants have ardently claimed, were meticulously investigated and reported, then this discovery would only serve to enhance their defense. If, alternatively, the NHPR Defendants knew or recklessly disregarded the falsity of their reporting, then this discovery would fairly enable Eric to allege, with the ‘clearer indicia’ desired by the court, their actual malice,” Strauss wrote.

Spofford has claimed in court records that Cloutier/Anagnost made up the story as part of an effort to hurt him during a contested child custody issue. According to court records, she served as a major source for Chooljian and connected her with other sources as part of her scheme to harm Spofford.

“The NHPR Defendants relied on Amy and the sources she cherry-picked for Chooljian, despite her obvious unreliability (after years of long-term recovery from alcoholism and addiction, she has relapsed, and that relapse occurred at or around when she started as a source for the NHPR Defendants) and notwithstanding her known and unmistakable bias against and ill-will toward Eric as reflected in publicly available records,” Strauss wrote in a motion filed last year.

Spofford claims the liberal-leaning NHPR targeted him because he built a politically-connected profile with Granite Recovery Centers. As the drug abuse recovery centers became the largest recovery facilities in New Hampshire, Spofford even counseled Gov. Chris Sununu on the response to New Hampshire’s opined epidemic.

Last year, Spofford sold Granite Recovery Centers to BayMark Health Services, a Texas-based treatment company. The sale price wasn’t disclosed.

Rockingham Superior Court Judge Daniel St. Hilaire is siding with New Hampshire Public Radio, dismissing the defamation lawsuit brought by Eric Spofford over stories alleging he engaged in sexual misconduct while he was Granite Recovery Centers’ CEO.

Spofford filed the suit against NHPR in October, claiming the public radio station ruined his life and career when it reported a story in which women accused him of sexual harassment and assault. Spoffird claimed the reporters and editors involved in the story relied on biased sources and scant evidence.

St. Hilaire’s ruling, released this week, said Spofford failed to establish proof of actual malice by anyone at NHPR reporting on the sexual assault allegations, despite whatever bias and shoddy reporting Spofford claimed.

“Absent clearer indicia that the NHPR defendants acted in bad faith in relying on these sources, or were subjectively aware that the information provided by these sources was probably false, (the lawsuit) failed to allege actual malice,” St. Hilaire wrote.

In the landmark 1964 New York Times v. Sullivan lawsuit, the U.S. Supreme Court ruled public figures can only claim defamation when they can prove reporters acted with malice, “that is, with knowledge that it was false or with reckless disregard for the truth.” That would include reporting facts the reporters knew were untrue or acted with reckless disregard for truth.

St. Hilaire also ruled Spofford could be considered a limited-purpose public figure and therefore held to the Sullivan standard.

“By outwardly presenting himself as a national figure in the fight against opioid addiction and emphasizing the inspirational nature of his own story of recovery, Spofford voluntarily stepped into the midst of an ongoing controversy and assumed the risk of public discourse surrounding his conduct and his fitness as a leader in the field,” St. Hilaire wrote.

According to St. Hilaire’s ruling, Spofford has 30 days to file a new, amended complaint to allege actions that would qualify as actual malice. Absent that, the case will be dismissed.

Spofford claimed in his original complaint that NHPR reporter Lauren Chooljian targeted him because of his Republican politics and that the station used the story to raise money from its left-leaning audience.

“Chooljian viewed Eric as her opportunity to ascend the journalism ranks. To Chooljian, a #MeToo-styled report about a white male, Republican donor, and bold and successful businessman, who made money in the substance use disorder treatment business, had all the markings of a career-defining piece,” the lawsuit states.

Spofford went on to allege in subsequent filings that Chooljian relied on biased sources, like his ex with whom he was engaged in a bitter custody dispute, and reported on nonexistent facts, like a Snapchat photo of his penis sent to one of the victims. Spofford claimed the photo does not exist and that Chooljian never saw the photo before reporting on it.

Chooljian and the station further ignored witnesses who contradicted the story and refused to run statements that Spofford believed cleared him, according to the filings. 

Spofford maintains he never engaged in the sexual misconduct alleged in NHPR’s coverage. Spofford sold Granite Recovery Centers to BayMark Health Services, a Texas-based treatment company, last year. The sale price was not disclosed.

It has been almost a year since an unknown vandal attacked the homes of New Hampshire Public Radio personalities, incidents that are now part of former Granite Recovery CEO Eric Spofford’s defamation lawsuit filed against the broadcaster. The investigations seem to be stalled.

In April and May of last year, an unknown assailant threw bricks at and spray-painted threats on the current or former homes of NHPR News Director Dan Barrick and reporter Lauren Chooljian. The attacks happened in Hanover, Hampstead, Concord, and Melrose, Mass.

Spofford has denied any role in the vandalism and claimed in court records that NHPR illegally used the vandalism to gain an advantage in his civil defamation case, just as the case was headed for a settlement.

However, NHJournal has uncovered details that seem to link one of Spofford’s friends, Eric Labarge, to the vandalism. Labarge is himself a recovering addict and owner of the Starting Point Recovery Centers.

Labarge has not been charged in the vandalism cases. He has a criminal history that includes violence against women and spent time in state prison.

He is also currently awaiting trial on charges of assaulting a man in Manchester. That assault occurred on May 31, 2022, days after the last vandalism attack in May. According to court records, the alleged victim was a man who had been a resident at a Starting Point center. 

Labarge’s attorney, Charles Keefe, did not return requests for comment.

Spofford confirmed his relationship with Labarge to NHJournal and praised Labarge’s work in recovery. 

“I worked closely with Eric Labarge to help him overcome his addiction in the early days of his sobriety,” Spofford said. “I’ve had the opportunity to watch him grow through the ups and downs of recovery for almost 10 years. He’s done great things for the recovery community, and I believe he will continue to for years to come.”

Hanover Police began investigating vandalism on April 24 when the resident reported someone threw a brick at the home and spray painted the word “C–T” on the building, according to the reports. The home was not occupied by anyone connected with NHPR during the vandalism, but Chooljian had lived in it a few years earlier, according to police.

Hanover Police soon learned the spray-painted vulgarity and thrown bricks matched the vandalism that took place in other communities where NHPR reporters lived. During the investigation, detectives talked to police in Hampstead and learned Labarge was a suspect in that town, according to the report.

The Hanover police report has been retracted, but it appears the victim in the Manchester assault may have also been a suspect in the vandalism, according to the Hanover report. The Hanover report obtained through a Right to Know request obscures the names of the suspects, but it does include the Manchester Police Department’s incident number for the assault, which matched the court records for Labarge’s arrest.

Hanover police were given information from the Hampstead department on the vehicle used in the attack, and it seemed to match the one used in Hanover. However, after being unable to develop further leads in the case, Hanover police closed the investigation last year.

Spofford, who was called a person of interest by police in Massachusetts, claimed in court documents that NHPR took advantage of the vandalism, canceling settlement talks and using its media reach to cast blame on him for the damage.

Spofford reportedly made himself available to investigators as soon as he learned of the vandalism in Melrose, but police have never questioned him. 

Spofford’s attorney, Ben Levine, claimed NHPR’s use of the criminal case to cancel the settlement talks may have been criminal.

“Whether and to what extent NHPR used these acts of vandalism in an opportunistic way to evade accountability for defaming Mr. Spofford should be investigated as it is criminal in nature,” Levine wrote last year to New Hampshire Attorney General John Formella’s office.

Chooljian reported last March that Spofford engaged in sexual misconduct while head of Granite State Recovery Centers. The allegations against Spofford made national news. He has denied any sexual misconduct.

Sigmund Schutz, the attorney representing NHPR, did not respond to a request for comment. NHPR is trying to dismiss Spofford’s defamation lawsuit on First Amendment grounds. A ruling on the motion to dismiss is pending in Rockingham Superior Court. 

Despite hundreds of pages of evidence already submitted by Granite State Recovery founder Eric Spofford’s legal team, New Hampshire Public Radio says none of it adds up to malice, the key component for a defamation case.

“Zero plus zero still equals zero,” said Sigmund Schutz, NHPR’s attorney during Tuesday’s hearing in Rockingham Superior Court.

Spofford filed the defamation lawsuit against NHPR in October, claiming the public radio station ruined his life and career when it reported a story in which three women accused him of sexual harassment and assault. NHPR is trying to get the case dismissed before it can go to trial, arguing that Spofford aims to silence any critic who might come forward against him.

“This kind of lawsuit has a real chilling effect,” Schutz said. “The objective of this litigation is that just by filing, win or lose, is to silence critics,” Schutz said.

Howard Cooper, representing Spofford, said a trial is needed so a jury can weigh in on the radio station’s reporting, which he characterized as reckless at best.

“This case is about the intentional ignoring of the facts pre, during, and post-publication,” Cooper said. “There is no constitutional value in defamatory speech, and there is no chilling effect by requiring the media not to make up facts.”

Schutz said NHPR reporter Lauren Chooljian thoroughly reported, corroborated, and documented the story, which was published online in March, and the subject of over-the-air broadcast reports and podcasts. In the story, a former Granite State Recovery client and two former employees alleged they were harassed. The employees alleged that they were sexually assaulted.

At no point did NHPR report that Spofford was guilty of any crime when it laid out the women’s story, Schutz said. Schutz said that Spofford was given ample opportunity to comment on the story as it was being reported, and his denials of the accusations were reported.

“(Spofford) can deny the accusations are true, but he can’t deny that the accusations were made,” Schutz said.

But Cooper claimed NHPR’s reporting process is dubious, leaving out key details and using suspect sources to corroborate the story it wanted to tell.

In one instance, NHPR reported Spofford sent pictures of his penis to one of the women using Snap Chat, despite the reporter never seeing the photos for herself. She relied on claims from the alleged victims.

“That is so outrageous and improbable, no responsible news organization or reporter would have reported that,” Cooper said.

Another breach in NHPR’s reporting happened when former Granite State Recovery Human Resources Director Lynsie Miterer called Chooljian after one part of the story aired to correct her reporting on one of the accusations of sexual assault. Cooper said Chooljian reacted with hostility and never used any of the information from Miterer that challenged the reporting.

There is also the matter of the third alleged victim, known in the story as Employee B. NHPR reported Employee B claimed she was sexually assaulted by Spofford, but Chooljian never spoke to that woman. Instead, the reporter spoke to other people who claimed to have corroborating information.

“They should not have reported that,” Cooper said.

Cooper said the totality of the evidence already gathered shows sources who were ignored when they contradicted NHPR’s storyline, and weak corroboration, was used to push a narrative. All of it, he said, adds up to a case that needs to go to trial.

“This story never should have been published, reporters knew or recklessly disregarded facts that were staring them in the face and given to them,” Cooper said.

Judge Dan St. Hilaire will now consider the arguments from both sides. He is expected to make a ruling sometime in the next 30 days. If he finds for Spofford, NHPR would find itself before a jury to defend how it reports the news.

When New Hampshire Public Radio reported former Granite Recover CEO Eric Spofford, a political ally of Gov. Chris Sununu, engaged in a pattern of sexual abuse and harassment, it created political shockwaves.

But what the public news outlet didn’t report is that it allegedly relied heavily on a single source: Spofford’s ex, Amy Anagnost.

According to new documents filed in the Rockingham Superior Court, Anagnost was supplying NHPR with the material while she was engaged in an ugly custody battle with Spofford. Those records also show Anagnost threatened her current husband with the same treatment Spofford got.

NHPR, for its part, denies Amy Anagnost was a source for the story.

“NHPR’s reporting about Eric Spofford is based on sources identified in the story, none of whom are Amy Anagnost,” said Jayme Simoes, NHPR’s communications consultant.

Spofford, who has denied all wrongdoing, is currently suing NHPR for defamation. The taxpayer-subsidized news outlet is seeking to have the lawsuit dismissed. But Spofford’s attorney, Michael Strauss, wrote in his objection to the motion to dismiss that new evidence showing Anagnost was the main source for the story strengthens the complaint that NHPR acted recklessly when reporting the story.

“Eric has uncovered that Amy both supplied her own false claims about him to (NHPR reporter Lauren) Chooljian and served as a source clearinghouse for Chooljian as she investigated and wrote the article and podcast. The NHPR defendants relied on Amy and the sources she cherry-picked for Chooljian, despite her obvious unreliability (after years of long-term recovery from alcoholism and addiction, she has relapsed, and that relapse occurred at or around when she started as a source for the NHPR defendants) and notwithstanding her known and unmistakable bias against and ill-will toward Eric as reflected in publicly available records,” Strauss wrote.

Amy Anagnost is involved in a contested divorce with her current husband, Alex Anagnost, son of real estate developer Dick Anagnost. According to documents filed in that proceeding, Amy Anagnost falsely claimed she had nothing to do with the NHPR reporting on Spofford.

“A recent court filing by Amy’s soon-to-be ex-husband, Alex Anagnost, confirms that Amy ‘fed questionable information about her relationship with Eric to’ Chooljian for inclusion in the Article and Podcast, which Amy then used against Eric to alienate him from their son and as a weapon in their parenting dispute,” Strauss writes.

Evidence uncovered by Alex Anagnost includes numerous text messages between Chooljian and Amy Anagnost, according to Strauss.

“Amy’s own text messages reveal that she has helped steer Chooljian’s investigation ‘[s]ince [Chooljian] started the article.’  And because of their work together, Chooljian and Amy formed a close bond, which clouded Chooljian’s judgment and neutrality—an affront to the proper ethical boundaries between a reporter and her source,” Strauss wrote.

One text from Amy Anagnost describes Chooljian as a “G”, which Strauss writes is slang for “Gangster.”

“Implying that she and Chooljian’s relationship is rooted in a loyalty and common devotion to destroying Eric,” he wrote.

Contacted by NH Journal, Amy Anagnost continued to deny she acted as a source for NHPR.

“I was never a source for the article, but thank you,” she said.

When asked about the court documents that named her as a source, Amy Anagnost continued to deny her involvement.

“I don’t believe you have any documentation that says anything because I wasn’t a source,” she said.

Strauss declined to comment on the court filings and Amy Anagnost’s denials when contacted this week.

“This is a matter for the courts. We will see what people say when they have to produce documents and testify under oath,” Strauss said.

Amy Anagnost has been open about her addiction to alcohol and opioids in the past, but while she was Chooljian’s source she was publicly drinking and posting about her exploits on social media, according to court records. Once the NHPR story was published she reportedly used it in family court proceedings against Spofford, according to Strauss’s motion. She also tried to get her son to read the NHPR stories to alienate him from his father, according to court records in the Alex Anagnost case.

Amy Anagnost also allegedly threatened to spread stories about her husband during an angry confrontation with Dick Anagnost, according to court records.

“When Amy met with Dick to discuss her alcoholism, she told him that she would ‘get Alex like she got Eric,’ and that the Anagnost family ‘would all be sorry,’” one of the court Alex Anagnost documents states.

While NHPR had few sources on the record in the articles and podcasts about Spofford, Amy Anagnost was never mentioned in the reporting. According to the objection filed by NHPR’s attorney Sigmund Schutz, Spofford hasn’t proved that Amy Anagnost is the source behind the reporting. The text messages entered into the record, for example, are not authenticated, according to Schutz.

“The procedural problem is that the key document Spofford submits, an exchange of text messages is unauthenticated and unexplained. On its face, it does not even establish who the parties to the exchange are,” Schutz wrote. 

Even if the texts are genuine, Schutz writes, it does not disprove the stories about Spofford.

“Nothing in the texts suggests that NHPR acted with actual malice. They do not suggest that anything Anagnost may have said to Chooljian was false, that Anagnost encouraged anyone else to say anything to NHPR that was false, or that NHPR knew or suspected that anything it reported was false,” Schutz wrote.

NHPR is seeking to have the case dismissed on the grounds that as a public figure, Spofford cannot prove malice on the part of the public broadcaster.

“What Spofford’s complaint does not do is allege actual facts that could support a finding that Chooljian, or anyone else at NHPR, engaged in actionable defamation,” writes Schutz. “Because Spofford is a public figure, to plead a defamation claim he must allege not just that NHPR got the story wrong, but facts that, if proven, would demonstrate actual malice—meaning that the journalists in fact entertained serious doubts as to the truth of the story, or had a high degree of awareness of its probable falsity, but published it anyway.”

Spofford’s original complaint claims NHPR ignored on-the-record sources who contradicted the claims being made about sexual abuse. In one instance, one of the on-the-record sources, Piers Kaniuka, retracted his statements linking Spofford to the abuse. That retraction went unreported by NHPR, according to the lawsuit.

Spofford built a politically connected profile with Granite Recovery Centers. As the drug abuse recovery centers became the largest recovery facilities in New Hampshire, Spofford even counseled Sununu on the response to New Hampshire’s opioid epidemic.

Spofford sold Granite Recovery Centers to Bay Mark Health Services, a Texas-based treatment company last year. The sale price has not been disclosed.