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At Wedensday’s public hearing on the proposed sale of Catholic Medical Center to HCA Healthcare, speaker after speaker made one fact clear: CMC needs help, and it can’t continue serving the community without it.

“CMC is in a very weak financial position,” said independent consultant Tyler Brannen. He was brought in by the New Hampshire Attorney General’s Office to analyze the proposed deal.

“It’s been operating at a loss for years. They can’t continue to operate at these losses indefinitely.”

Mary Ann Dempsey, Director of Public Trusts at the New Hampshire Department of Justice.

The state’s Director of Charitable Trusts, Mary Ann Dempsey, opened the public hearing and represented the state Department of Justice.

“Our review of the transaction will take into consideration expert analysis such Mr. Brannen, as well as input from the two parties, from community stakeholders, and from the public,” Dempsey pledged before an audience of some 300 people at Manchester Memorial High School.

One attendee was retiring state Sen. Lou D’Allesandro (D-Manchester). He told NHJournal moving ahead with the sale is the right thing to do.

“We need CMC, we need a vibrant CMC. We need a financially secure CMC. This is one way to make it happen. And I think that’s very, very significant,” D’Allesandro said. “All the services that have been provided must continue to be provided, there can’t be any deviation, we need that commitment.

“But this is a deal that’s got to happen.”

A non-profit controlled by the Roman Catholic Diocese of Manchester, CMC loses millions of dollars a year operating one of Manchester’s only two hospitals. CMC leaders have been looking for a fix for years without success, according to Tim Riley, chair of CMC’s board of trustees. A proposed merger with the Dartmouth-Hitchcock Health system fell apart in 2022 after years of work on the deal.

“That left CMC in a vulnerable position,” Riley said.

Tennessee-based HCA, a for-profit company that operates 180 hospitals throughout the U.S., including three in New Hampshire, says it’s ready to step in. Dr. William Lunn, president of HCA’s Capital Division, said the deal to join would end up with a stronger CMC, buoyed by investment and resources from the parent company.

Several speakers noted the proceeds from the sale would go to a charitable foundation controlled by the Diocese to further CMC’s charitable goals. Riley and Lunn said HCA will also respect CMC’s Catholic identity, and the hospital will still adhere to Catholic ethical standards for medical care.

“First and foremost, we required a partner that would maintain and embrace our Catholic identity,” Riley said. “This means following the ethical and religious directives for Catholic healthcare. It was important that our Catholic identity was not suddenly tolerated but fully embraced.

“HCA is a partner who is committed to our Catholic legacy and identity,” Riley added.

Critics of HCA say they fear the company will put its profit margins over public service. They point to the company’s takeover of Frisbie Memorial Hospital, where HCA shut down the labor and delivery department after promising to keep it open. 

And while the sale makes sense out of necessity, Brannen said there are likely going to be cost increases for patients and a possible loss of local control. Added to those concerns is the strength of the language in the contract when it comes to charitable care.

HCA is also the target of a lawsuit brought by North Carolina Attorney General Josh Stein accusing the company of failing to provide the care it promised when it bought the Mission Health System. Lunn said many problems at the Mission hospital have been corrected, and noted that Stein filed the lawsuit while he was seeking election to become North Carolina’s next governor. 

Manchester Mayor Jay Ruais spoke at the public meeting, praising HCA’s commitment to investing in the west

Manchester Mayor Jay Ruais.

side of his city beyond just the hospital itself.

“I’m thrilled to hear about the investment that you’re making, not only to the infrastructure in the hospital, but the infrastructure that you’re looking to create within our community as well. And I know that you would want the city to be a partner in that process,” Ruais said.

Alex Walker, CMC’s CEO, announced Wednesday that Dartmouth-Hitchcock will no longer provide labor and delivery at CMC. He also addressed concerns that the deal might push the hospital out of the business.

“We deliver about 1,000 babies a year. We have been delivering babies at Catholic Medical Center for the last 50 years. We’ve been delivering babies in the city of Manchester for the last 130 years,” Walker said. “So you need to hear from me on behalf of our Board of Trustees and the bishop: Labor and delivery services are a vital part of Catholic Medical Center. It is, in a lot of ways, our essence and what we’re all about.”

The public hearing is part of the New Hampshire Attorney General’s Office review process for the proposed sale. Mary Ann Dempsey, Director of Charitable Trusts, will continue to accept public comments about the proposed sale until Nov. 1. Those comments can be emailed to [email protected]. 

New Hampshire Ports Director Geno Marconi is formally facing criminal charges a day after his wife, Associate Supreme Court Justice Anna Barbara Hantz Marconi, was indicted for interfering in her husband’s criminal investigation.

A grand jury indicted Marconi on two class B felonies – Tampering with Witnesses and Informants and Falsifying Physical Evidence. He’s also charged with four class A misdemeanors – two counts of Driver Privacy Act Violations and two counts of Obstructing Government Administration.

Also charged on Thursday: Bradley Cook, chairman of the Division of Ports and Harbors Advisory Council and a longtime fishing boat captain. Cook was indicted on one class B felony charge for Perjury as well as two counts of class A misdemeanor False Swearing.

Marconi illegally provided Cook with the confidential driving records of another person, known in the indictments as N.L., according to the indictments. Marconi is also alleged to have deleted a voice mail in order to hinder any investigation, the indictments state. Cook is accused of lying to the grand jury when questioned about N.L.’s driving records.

The purpose of the alleged lying and leaking of confidential records by two public officials is not yet clear. Cook spoke to the press before he was called to testify before the grand jury in September. Cook blamed the whole drama on Gov. Chris Sununu and a development plan for Rye Harbor that both Cook and Marconi opposed.

“I would say all of this is because Geno would not bend a knee to Chris Sununu, wouldn’t do what the governor wanted, and instead supports what is right and fair for other people,” Cook told InDepthNH.

Cook did not respond to a request for comment on Thursday. Marconi’s attorneys also did not respond.

Granite State political circles have been buzzing about the Marconis since Geno was placed on leave from his Ports job in April without explanation. That was followed by the stunning news that Justice Hantz Marconi was put on 90-day administrative leave in July, also without an explanation.

It now appears punitive action was taken after she allegedly approached Sununu in a private meeting. Hantz Marconi had been recusing herself from Supreme Court cases involving the New Hampshire Attorney General’s Office for months. The Supreme Court issued a new order Thursday extending Hantz Marconi’s leave indefinitely as she deals with the criminal charges. 

Hantz Marconi, 68, was appointed to the Supreme Court in 2017 after being nominated by Sununu. She is close to the mandatory retirement age of 70 for New Hampshire judges. Her term ends in February 2026.

Cook and Marconi both opposed the Pease Development Authority’s (PDA) $1 million plan to develop a raised platform at Rye Harbor for retail shops and restaurants. Though it had backing from the PDA and Sununu, the plan was amid local opposition shelved in August.

Cook and Marconi are due in Rockingham Superior Court on Nov. 27 for arraignment. Hantz Marconi is due for her arraignment in Merrimack Superior Court on Nov. 21. She’s accused of trying to pressure Sununu to drop the investigation, and she is alleged to have sought private information from PDA Chair Steve Duprey. 

Republicans who spoke to NHJournal on background are split on the matter. Many are friends of Justice Hantz Marconi and find it hard to believe she would intentionally break the law, even on behalf of her husband. Others complain that, once she knew the situation she was in, she should have resigned and allowed another justice to be appointed. And there is widespread criticism of how Formella is handling Justice Hantz Marconi’s part in the scandal.

“If he has enough to charge her, then he should have enough to get her to resign and avoid this mess,” one Republican activist told NHJournal.

Another Republican with close ties to Pease said the information blackout is a problem.

“It’s the biggest mystery out there. Somebody should let us know what the hell is going on. This has been going on forever.”

This isn’t the first time in recent memory a New Hampshire Supreme Court Justice has been in trouble. In 2000, Associate Justice Stephen Thayer’s divorce wound up before the state Supreme Court, forcing two of his fellow members to recuse themselves. That resulted in Chief Justice David Brock appointing two different judges to a panel overseeing the Thayer divorce. 

In the mess that ensued, Thayer was forced to resign to avoid criminal charges and Brock was impeached. He was acquitted in the Senate.

Andy Sanborn’s luck avoiding criminal charges crapped out Wednesday when the casino owner was arrested on one count of theft by deception for allegedly lying on a COVID relief application.

It’s the first criminal charge against the former Republican state senator since he came under scrutiny from state investigators last year. And the state may be ready to double down.

Michael Garrity, communications director for the New Hampshire Department of Justice, said Wednesday the investigation into Sanborn and his Concord Casino is active and ongoing.

More than a year ago, New Hampshire Attorney General John Formella announced the investigation into Sanborn and his wife, state Rep. Laurie Sanborn (R-Bedford), after irregularities were found during a state audit of the casino. At the time, Formella accused Sanborn of accepting $844,000 in federal COVID funds and then spending the cash on sports cars and other inappropriate items. Sanborn allegedly prepaid himself hundreds of thousands of dollars in rent for the business with the COVID cash.

Thursday’s charge alleges a different COVID scam. According to a Department of Justice statement, Sanborn lied on his application for a state Main Street Relief Fund grant. Sanborn allegedly inflated his casino revenue by $1 million. That bluff paid off when the grant came in, and Sanborn got $188,474 more in grants than he was entitled to, according to the statement. 

In December, Sanborn was ordered to sell the Concord Casino after Administrative Law Judge Michael King ruled he had engaged in COVID fraud. Sanborn’s “Win Win Win LLC” gaming license was suspended, and he was given a 6-month deadline to sell the business.

Since then, Sanborn has requested multiple deadline extensions and is currently using an extension to give a potential casino buyer more time to undergo a state review of his suitability. Administrative Law Judge Gregory Albert issued the extension.

Last week, lawyers with the Attorney General’s Office filed a motion seeking clarity on Albert’s extension, citing the fact Albert himself wrote in his extension order that he lacks the legal authority to grant Sanborn extra time.

Former GOP state Sen. Andy Sanborn’s most recent deadline extension on the order to sell his Concord Casino may have broken the rules, according to the administrative judge who gave him that extension.

Meanwhile, Sanborn is suing the state over aspects of how it has handled his case, and at least one issue has arisen.

Judge John Kissinger has ordered prosecutors to explain how documents from Sanborn’s lawyers that could be considered legally privileged ended up in the hands of the state’s investigative team. Kissinger ordered the state to provide to the court “factual affidavits on issues related to the past handling of seized documents and materials (including electronically stored information), as well as how clearly privileged documents may have been missed or not properly screened by the taint team,” Kissinger wrote in an Aug. 23 document.

All of which points to a conspiracy by the state to strip Sanborn of his license rather than allow him to sell his valuable asset, Sanborn’s attorneys say.

In an email to New Hampshire Bulletin, Sanborn’s attorneys, Zachary Hafer and Adam Katz, wrote:

“In an eleventh-hour attempt to sabotage a sale of Win Win Win, the same AG who has been enjoined repeatedly for violations of Mr. Sanborn’s constitutional rights by three New Hampshire superior court judges, who has had his legal positions soundly rejected time and again by administrative law judges (overseeing the licensing case), and whose office is currently facing potential sanctions for prosecutorial misconduct, has now arrested Mr. Sanborn on the eve of a sale to a qualified buyer.

“We are disappointed, but not surprised. And we remain confident that the New Hampshire judiciary will continue to do justice and hold the AG accountable.”

New Hampshire Supreme Court Associate Justice Anna Barbara Hantz Marconi is facing two felonies for allegedly trying to influence the criminal investigation into her husband, New Hampshire Division of Ports and Harbors Director Geno Marconi.

“No person is above the law, and the evidence in this case required investigation and presentation to the grand jury,” said Attorney General John Formella. “The decision to charge a sitting justice of the New Hampshire Supreme Court was not made lightly, and it comes after careful and thoughtful deliberation. It is my hope that the public will be reassured that all individuals, including public officials, are treated equally under the law.”

According to the indictments, during a June meeting Hantz Marconi tried to get Gov. Chris Sununu to stop the investigation into Geno Marconi by using Sununu’s influence with the New Hampshire Department of Justice. She allegedly told Sununu there was no merit to any of the allegations against her husband and the case “needed to wrap up quickly because she was recused from important cases pending or imminently pending before the New Hampshire Supreme Court,” the indictments state.

Hantz Marconi’s attorneys Richard Guerriero, Jonathan Kotlier, and Oliver Bloom issued a statement shortly after the indictments were announced proclaiming her innocence.  

“Justice Hantz Marconi is innocent. She did not violate any law or rule. We will fight the charges to the fullest extent permitted by the law, starting with motions to dismiss the case, which we anticipate filing soon. We intend to fight these wrongful accusations in court, where the fight should occur, and not in the media,” the statement reads.

Hantz Marconi was suspended from her job on the high court this summer, though at the time there was no explanation for her sudden removal. The deadline for her 90-day administrative was pending for later this month. 

Geno Marconi was suspended from his job by the Pease Development Authority Board this spring, and again, without a public explanation. A grand jury has reportedly heard evidence against Geno Marconi. So far, no charges have been filed. 

The indictments claim Hantz Marconi interfered with the investigation on multiple occasions starting in April, tried to get Sununu to pressure the Department of Justice, and tried to get privileged information out of Pease Development Authority Chair Steve Duprey about her husband’s case.

She is charged with two class B felonies – one count of Attempt to Commit Improper Influence and one count of Criminal Solicitation of Improper Influence, as well as five class A misdemeanors – two counts of Criminal Solicitation of Misuse of Position, one count of Criminal Solicitation of Official Oppression, one count of Official Oppression, and one count of Obstructing Government Administration. 

Class B felonies are punishable by up to 3.5 to 7 years in state prison and a fine of up to $4,000. Class A misdemeanors are punishable by up to 12 months in a house of corrections and a fine of up to $2,000.

She is now scheduled to appear in Merrimack Superior Court on Nov. 21 for arraignment. 

Former GOP State Sen. Andy Sanborn’s most recent deadline extension on the order to sell his Concord Casino may have broken the rules, according to the administrative judge who gave him that extension.

Sanborn’s latest official deadline to sell his Concord Casino passed two weeks ago on Sept. 30. Sanborn did get a vaguely defined extension from Administrative Law Judge Gregory Albert to keep his license pending a state review of the potential buyer’s suitability.

Last week, lawyers with the New Hampshire Attorney General’s Office filed a motion seeking clarity on Albert’s extension, citing the fact Albert himself wrote in his extension order that he lacks the legal authority to grant Sanborn extra time.

“Despite this conclusion, [Albert] then contradicted this conclusion by carrying out in practice what [Albert] stated he had no authority to do: the Order stayed the revocation penalty for 30 days after the notice of decision on a motion for rehearing, or if no motion for rehearing is filed, the 16th business day following the Order,” the Attorney General’s motion states.

Albert’s extension allows Sanborn to keep the suspended license until the state is done vetting the potential buyer.

Administrative Law Judges, also known as hearings officers, work for individual state agencies and handle legal questions on how different state laws and regulations are implemented. Officers conduct hearings, write legal opinions, and recommend policies and regulations. They can also impose discipline, such as in the Sanborn case.

Albert replaced retired Administrative Law Judge Michel King, who in December first suspended Sanborn’s gaming license and ordered Sanborn to sell the business. King gave the casino mini-magnate a six-month deadline to sell or face license revocation. 

King found Sanborn engaged in deception when he applied for the $844,000 in COVID loans, and that Sanborn spent the money inappropriately, including the purchase of a Porsche and a Ferrari. According to Formella, Sanborn’s wife, state Rep. Laurie Sanborn (R-Bedford), got the Ferrari as a gift. The alleged COVID fraud first came to light during a state audit more than a year ago.

Sanborn has been getting license extensions since last summer, arguing he cannot sell the business without a license. He’s accused New Hampshire Attorney General John Formella of slowing the sales process. 

Sanborn, a Bedford Republican who was once a top player in state politics, is currently under criminal investigation for COVID relief fraud centered on his casino business. He hasn’t been charged with any crime.

Sanborn is also suing the Department of Justice over matters connected to the criminal investigation. The lawsuit is under seal, though some redacted documents may start getting released later this month. According to one document in the lawsuit that has been made public so far, there is a dispute over evidence seized by investigators, with Sanborn’s side claiming the state had legally privileged information, possibly such as attorney-client communications.

The public may get to see Andy Sanborn’s cards before he’s forced to fold ’em.

The former state senator and Concord Casino owner is suing the New Hampshire Attorney General’s Office, but no one knows why just yet. Nearly the entire case is sealed in Merrimack Superior Court. 

At the same time, Sanborn is under state order to sell his business by the end of the month in the wake of accusations he took $844,000 in COVID relief funds and used the money to pay himself rent and purchase sports cars.

New Hampshire Bulletin’s Annmarie Timmins filed a motion to unseal the case. On Wednesday, Merrimack Superior Court Judge John Kissinger gave attorneys for Sanborn and the state until Oct. 3 to come up with proposed redacted versions of the lawsuit and pleadings. Kissinger said the case is potentially sensitive because it deals with an open criminal investigation, according to Concord Monitor reporting. 

Attorney General John Formella said last year he planned to investigate Sanborn for the alleged COVID fraud, though no charges have yet been filed. 

Sanborn’s lawyers reportedly said Wednesday they are seeking another extension on the deadline to sell the business.

This isn’t the first time the handling of documents has created problems in Sanborn’s case.

NHJournal first reported the story that Kissinger issued an Aug. 23 order instructing prosecutors to explain how documents from Sanborn’s lawyers considered legally privileged ended up with the state’s investigative team.

Among other steps Kissinger ordered, he wants the state to provide to the court “factual affidavits on issues related to the past handling of seized documents and materials (including electronically stored information), as well as how clearly privileged documents may have been missed or not properly screened by the taint team.”

Kissinger’s order indicated there are close to 6,700 documents as part of the discovery in the ongoing investigation thus far. Some of them are in a commercial legal database program called Everlaw. It gives attorneys and law firms the ability to control and share information in large cases, and is frequently used to share discovery.

Prosecutors have been instructed to provide Kissinger with an audit of the state’s activity in the Sanborn Everlaw documents, showing which prosecutor viewed or downloaded any particular document.

Prosecutors involved in the Andy Sanborn criminal probe may have copies of potentially sensitive attorney-client communications.

Sanborn, a former Republican state senator, is at the center of a legal firestorm that began when New Hampshire Attorney General John Formella accused him of COVID-19 fraud last year. 

Sanborn filed a lawsuit in Merrimack Superior Court against Formella’s office this summer, but the pleadings in the case are almost entirely under seal. However, a recent court order from Judge John Kissinger sheds light on at least one aspect of the dispute.

Kissinger ordered prosecutors to explain how documents from Sanborn’s lawyers considered legally privileged ended up with the state’s investigative team. Among other steps Kissinger ordered, he wants the state to provide to the court “factual affidavits on issues related to the past handling of seized documents and materials (including electronically stored information), as well as how clearly privileged documents may have been missed or not properly screened by the taint team,” Kissinger wrote in an Aug. 23 order.

Interior of Andy Sanborn’s Concord Casino visible from locked entrance.

Kissinger’s order indicated there are close to 6,700 documents as part of the discovery in the ongoing investigation thus far. Some of them in a commercial legal database program called Everlaw. Everlaw gives attorneys and law firms the ability to control and share information in large cases, and is frequently used to share discovery.

The order states that a taint team was handling discovery documents before handing them to prosecutors in the investigation. Prosecutorial taint teams are typically prosecutors not connected to the case that is under investigation. The taint team is supposed to read through and examine discovery, removing information considered privileged before giving the rest to the investigating team, or case team.  

Prosecutors have been instructed to provide Kissinger an audit of the state’s activity in the Sanborn Everlaw documents, showing which prosecutor viewed or downloaded any particular document. Sanborn’s legal team is under orders to provide Kissinger legal arguments for why the information should be privileged. 

Communication between lawyers and clients is privileged, meaning it does not have to be disclosed to police or prosecutors. That protection extends to evidence that can be obtained through discovery requests, subpoenas, and even in what is said in sworn depositions. Clients may waive the privilege protection if they choose.

After accusing Sanborn of making false statements in filing for business COVID relief funds, and then spending the part of the money on luxury sports cars, Formella announced his office would instigate a criminal investigation into Sanborn and his wife, state Rep. Laurie Sanborn (R-Bedford.) Both Andy and Laurie Sanborn are owners of Win Win Win LLC/Concord Casino, the business that received $844,000 in COVID money.

Despite the public and damning allegations Formella made last year, neither Sanborn has yet been charged with a crime. Andy Sanborn’s New Hampshire Gaming License was suspended in December after an administrative hearing on Formella’s allegations.

Administrative Law hearing officer Michael King found Sanborn engaged in deception when he applied for the COVID loans, and that Sanborn spent the money inappropriately, including the purchase of a Porsche and a Ferrari. 

“The misrepresentations on the EIDL [Economic Injury Disaster Loan] application and the subsequent use of the proceeds for expenditures not allowed by that loan constitute ‘conduct by the licensee that undermines the public confidence in charitable gaming,’” King wrote in his order.

In addition to the sports cars, Sanborn allegedly paid himself $240,000 with the COVID funds by raising his own rent.

Sanborn owns the Casino through his Win Win Win LLC and he owns the Main Street building where his Concord Casino is located through an entity called The Best Revenge LLC. 

The original lease agreement between Win Win Win and The Best Revenge LLC was for $500 a month. But records showed Sanborn was making payments to himself ranging from $10,000 to $30,000 a month for rent. 

Sanborn claimed the 40-fold rent increase was due to his casino floor space increasing six and a half percent. While it was alleged Sanborn was diverting COVID money to himself through rent, King found Sanborn’s high rental payments to himself started in 2021 before he received any COVID cash.

Sanborn started making payments in November 2021, ranging from $5,000 to $22,000. Those payments were seen as “wildly excessive” by the state.

Sanborn has until the end of the month under King’s order to sell his Concord Casino or face having the license revoked. Without a license, Sanborn has no casino business to sell. 

United States District Court Judge Landya McCafferty ruled again Tuesday to prevent New Hampshire from enforcing its law keeping biological males from participating in girls sports.

The judge extended a temporary order allowing 15-year-old Parker Tirrell to play on the Plymouth High School girls soccer team. Tirrell and 14-year-old Iris Turmelle have filed a lawsuit challenging the state’s new Fairness in Women’s Sports Act.

When Gov. Chris Sununu signed the law last month, he made New Hampshire the 26th state to pass laws protecting girls sports from male athletes.

New Hampshire Attorney General John Formella and his office are defending the law, both in New Hampshire and at the national level. His attorneys are in court before Judge McCafferty, and he’s joined 25 other state attorneys general urging the U.S. Supreme Court to take up the issue.

“We remain committed to vigorously defending this new law and will determine next steps once the Court issues its order,” Formella said.

In New Hampshire, both sides have requested a bench trial, rather than a jury trial. McCafferty signaled during Tuesday’s hearing she will likely rule in favor of Tirrell and Turmelle, saying she believes the New Hampshire law violates Title IX, the law that protects women’s sports, and Title XII, the law against employment discrimination. 

If McCafferty does strike down the law, the decision to pursue an appeal will almost certainly be made by New Hampshire’s next governor. And if it is a Democrat, it’s all but certain the law will be allowed to die and girls will be competing against biological males once again.

Neither former Manchester Mayor Joyce Craig nor Executive Councilor Cinde Warmington would respond to questions about this case from NHJournal. However, they’ve both made it clear they oppose the new law.

“These bills are an attack on at-risk trans kids across New Hampshire. Our state needs leadership focused on delivering results, not division. As governor, I will always stand up for the right of our residents to live authentically, without demonization,” Craig said.

Executive Councilor Cinde Warmington, who is challenging Craig in the Democratic primary, linked banning boys from girls sports teams to violent hate crimes when the law was signed this summer.

“We’ve seen a rise in hate crimes against our LGBTQ+ community, in part because radical Republicans have villainized trans kids who’re already vulnerable & at a higher risk of suicide. When I’m governor, everyone will be free to love who they love & be who they are,” Warmington said on social media.

The two GOP candidates for governor have a very different view.

Chuck Morse, running against Kelly Ayotte in the GOP primary, says he’d fight for an appeal if elected.

“As governor, I would absolutely pursue an appeal if the court finds against the state. It is a question of fairness and protecting the rights of women to play sports on a level playing field. To me it is simple: boys should play against boys and girls should play against girls,” Morse said.

Ayotte agrees.

“As the only candidate for governor who has actually argued before the Supreme Court, I will do whatever it takes to defend our state. As the proud mom of a three-sport state champion female athlete, I believe protecting women’s sports is a matter of fairness. Women fought for decades to achieve that fairness through Title IX. When I am governor, New Hampshire’s female athletes will have a champion in the Corner Office,” Ayotte said.

Polls show Granite Staters overwhelmingly support allowing girls to compete in girls-only sports, rather than forcing them to compete against biological males who identify as female. It’s not just theory, either. A biological male took first place in the girls high jump competition earlier this year, beating every female in the New Hampshire Interscholastic Athletic Association (NHIAA) indoor track and field championship.

At the global level, the top two boxers in women’s Olympic boxing both had male chromosomes.

Lawyers for Tirrell and Turmelle want to block the law from taking effect throughout the state, arguing that stopping transgender girls from playing girls sports is discriminatory.

“This law was designed to prevent trans girls from playing sports with other girls … The only difference is their sex assigned at birth. Girls not assigned female at birth are being excluded,” said Chris Erchull, an attorney with GLAD, the GLBTQ Legal Advocates and Defenders organization which is representing Tirrell and Turmelle.

Assistant Attorney General Micheal DeGrandis argued legal precedent allows public institutions, like schools, to make distinctions between boys and girls. The New Hampshire law makes that distinction in an objective, equitable manner by requiring every student to play on sports teams that correspond to their biological sex at birth.

“We’re not trying to define ‘sex’ at all, we’re just saying ‘What does it say on your birth certificate,’” DeGrandis explained.

While the law might mean students like Tirrell and Turmelle are required to play coed sports instead, that does not make the law unconstitutional. The law was crafted as a way to protect competitive fairness in girls sports, and to keep biological girls safe from possible injury, DeGrandis said.

“There was no discriminatory intent or animus. This was an attempt to solve legitimate problems, even if people disagree with the best way to do it,” DeGrandis said.

The appropriate remedy for those opposed to the law should not be in court, DeGrandis said, but in the democratic political process, who noted there is an election happening in a few months.

“The Court should not be making decisions for the legislature,”  he said.

McCafferty extended the temporary restraining order that allows Tirrell to practice and play soccer with the girls team for another two weeks. McCafferty could rule on an injunction the teens are seeking against the law during that time. That injunction would likely be in place through any trial.

Former Strafford County Sheriff Mark Brave’s criminal case is in limbo as prosecutors push back the trial that was set to start in the coming days, possibly sparing more charges against the lothario lawman.

Brave, once a rising star in the New Hampshire Democratic Party, is accused of stealing close to $20,000 in taxpayer money to fund multiple extra-marital affairs, and then lying about the money and affairs when called to testify before a grand jury.

With jury selection scheduled to start this week, prosecutors had warned Brave they would seek new charges if Rockingham Superior Court Judge Andrew Schulman did not push back the proceedings.

“During prior hearings in this matter, the State informed the Court and counsel for the Defendant that in the event a plea agreement was not reached in this matter, the State would consider superseding the Strafford County indictments currently pending in this matter, as well as potentially seeking additional indictments in Rockingham County for conduct that has occurred during the litigation of the Strafford County indictments,” Assistant New Hampshire Attorney General Joe Fincham wrote in a June motion.

Schulman has now agreed to the delay, setting the next court date in the case as a status conference. That conference is not yet scheduled.

Brave’s attorney, Leif Becker, told Foster’s Daily Democrat there’s always the chance Brave will finally get a plea deal he likes, and avoid the trial altogether.

“There is still the opportunity for a case to be resolved at any point prior to a trial,” Becker said. “Here, because a trial would involve many witnesses and much testimony the state wants to look at the court scheduling and possibly make adjustments considering the timing of a trial.”

Brave’s been playing hard to get when it comes to a plea deal. He turned down a proposal the state offered earlier this year, and prosecutors were not impressed with his counter. The two sides ended up in mediation and the impartial mediation judge crafted a new plea deal. Brave refused to sign onto the mediated offer, sending the case to the scheduled August trial.

Brave’s been competing in Olympic-scale legal jeopardy for more than a year. Though not exactly winning, he’s managed to stay out of jail. But, Brave’s post-arrest alleged shenanigans are the subject of the possible new indictments Fincham warned about if forced to go to trial this month.

After he was indicted last year, Brave’s case was moved to Rockingham County to avoid a conflict of interest. It’s in Rockingham County where Brave is accused of lying to court officials about his income and his place of residence. 

Brave was assigned a free, public defense attorney last year when he claimed he was essentially broke following his divorce. However, it came to light Brave was, in fact, flush with cash after the sale of his marital home in Dover. He had enough money to buy a 1968 Porsche and pay a year’s lease on an apartment in Massachusetts, according to court records.

On top of hiding the money from the court, Brave was also under an order from Schulman to remain living in Massachusetts pending trial. Brave got around that order by telling the court he was living in a Dover apartment while he was really living in Massachusetts. 

At the time Brave’s lies were discovered, Fincham threatened to have him charged with theft for taking his New Hampshire sheriff’s salary while living out of state, and have his personal recognizance bail revoked. As an elected official, Brave is required to live in New Hampshire, according to Fincham. Brave had been collecting his salary while out on paid administrative leave.

Brave got out of that jam by resigning his position in December in exchange for not going to jail right away.

Disgraced former Democratic leader Jeff Woodburn is out of appeals, but he’s still trying to avoid jail time on two counts of criminal mischief, the only surviving convictions from the seven-year-old domestic violence legal saga that ended his career.

Woodburn’s attorney, Mark Sisti, is asking the court to suspend the two 30-day sentences against his client, allowing the former Senate Minority Leader to essentially go free. Sisti told NHJournal on Monday it makes no sense to jail Woodburn. But the New Hampshire Attorney General’s Office continues to pursue the punishment.

“I can assure you, no one in the state of New Hampshire is serving jail time for similar convictions,” Sisti said. “We’re talking about someone with absolutely no criminal record.”

Woodburn was contacted by NHJournal, but he referred questions to Sisti.

While the state Democratic Party has been silent on Woodburn’s case, he has the public backing of at least one former Democratic lawmaker, his current girlfriend Patty Dwyer.

“Jeff is a wonderful man who is honest, intelligent, funny, and thoughtful,” Dwyer wrote to Coos Superior Court Judge Peter Bornstein. 

Woodburn first met Dwyer when they both served as Democratic state representatives. Dwyer, a party volunteer and former teacher from Manchester, has long been a controversial Woodburn booster. Dwyer took to social media in 2021 to attack the victim after Woodburn’s first trial ended in convictions on simple assault, domestic violence, and the two criminal mischief counts. 

“The ‘lady’ is a huge liar and a thief, not to mention a SOCIOPATH!” Dwyer posted on social media. “She is an affront to woman who actually do experience domestic violence! Botton line; its the age old story of a woman scorned!” [All typos in the original.]

Dwyer’s comments attacking a domestic abuse victim did not prevent the Manchester Democratic Party from giving her the C. Arthur and Lillian Soucy Award in 2021 for her leadership in the party. The award is named for the parents of current Senate Minority Leader Donna Soucy (D-Manchester.) Soucy did not respond to a request for comment on Monday.

NHJournal reached out to North Country Democrats running in this year’s election about whether it’s time for Woodburn to simply serve his sentence after losing his appeals. None would agree to comment on the record.

In his motion opposing jail time for his client, Sisti argues Woodburn is being unfairly punished because he was in a high profile elected office. Sisti is asking for the sentence to be suspended for two years, during which Woodburn will remain on good behavior.

“He should not be disproportionately punished because of his notoriety or the media attention to this matter. He should stand on equal footing with all other N.H. citizens in a similar situation with a similar background. A sentence involving actual incarceration would be excessive and would serve no logical purpose,” Sisti wrote.

The New Hampshire Attorney General’s Office did not offer a comment other than the court motion filed in opposition to Sisti’s request for no jail time.

“The defendant’s objection should be summarily denied, as the defendant has waived any and all rights to appeal or request modification of the previously imposed sentence. Furthermore, the defendant has offered no valid basis upon which this court could grant his request,” Senior Assistant Attorney General Joshua Speicher wrote.

Sisti said the state is trying to save face in its pursuit of Woodburn after major setbacks to the prosecution ended up gutting the case.

“What have they got left after everything? After seven years, they have two minor misdemeanor convictions, and nobody got hurt on either of them,” Sisti said.

Woodburn was first charged in 2018 for allegedly abusing his then girlfriend. He was convicted in May 2021 on counts of domestic violence, simple assault, and criminal mischief after his first trial in 2021, but a later Supreme Court ruling overturned the domestic violence and simple assault charges, sending them back for a second trial. That second trial ended with a hung jury earlier this year, and New Hampshire Attorney General John Formella opted to drop the case rather than go for a third trial. 

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 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.

Woodburn argued in this year’s second trial that he was acting in self-defense when he bit the woman.