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Disgraced Democrat Jeff Woodburn is heading to jail after the New Hampshire Supreme Court rejected the appeal of his criminal mischief convictions.

The court released its decision Tuesday ruling against Woodburn’s quest for a new trial on those convictions, leaving the former state senator to serve the two 30-day sentences connected to the domestic violence case that ended his career.

“Today, the New Hampshire Supreme Court denied Jeffrey Woodburn’s motion for a new trial, leaving in place his sentence of 30 days of incarceration for his prior convictions,” New Hampshire Attorney General John Formella said in a statement. “After a lengthy and challenging legal process, this decision is consistent with our steadfast commitment to justice and our ongoing support for victims of domestic violence. We remain dedicated to upholding the law and advocating for those affected by such crimes.”

Woodburn is still free for now and his attorney, Mark Sisti, is still fighting. Sisti told NHJournal he plans to oppose any state motion to impose the sentence.

“We will be stridently objecting to any incarceration,” Sisti said.

All of the charges stemming from Woodburn’s alleged assaultive conduct against the woman were either dismisses by the state, or a jury, Sisti said. A 30-day jail sentence for criminal mischief is out of proportion to the crime, Sisti noted, especially considering Woodburn has been free on bail for five years without incident.

Woodburn isn’t the only former Democratic state legislator facing jail time. Former Nashua state Rep. Stacie Marie Laughton, 39, of Nashua, N.H., is facing federal charges of sexual exploitation of children and aiding and abetting, and state charges of child pornography. Laughton was elected three times as a Nashua Democrat, always with the endorsement of the state Democratic Party.

The legal drama surrounding Woodburn’s case has been dragging out since 2018, when the former Senate Minority Leader was first arrested for allegedly abusing his then girlfriend. He was convicted 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 Formella opted to drop the case rather than go for a third trial. All the time, Woodburn has been trying to avoid jail and get the criminal mischief counts overturned.

Woodburn wanted a new trial on the two convictions, claiming his prior defense attorney did not provide effective counsel during the 2021 trial. According to Woodburn’s appeal, his first lawyer should have severed the charges and had the criminal mischief counts before a separate jury. Having all of the counts at one trial resulted in the jury being biased against him, according to the appeal.

But the justices ruled Woodburn failed to show his original lawyer performed in a substandard way that would trigger overturning the convictions. The justices also found that the 2021 jury found Woodburn not guilty on several counts, and therefore he could not show a particular bias. 

“The strength of the evidence related to the criminal mischief charges, in combination with the jury’s multiple not guilty findings as to other related charges, indicate that it was the direct evidence of the underlying conduct, rather than any extraneous relationship information that may have been rendered admissible due to the joinder of multiple charges, that prompted the jury’s guilty findings on the criminal mischief charges,” the justices wrote. 

Amanda Grady Sexton, director of public affairs for the New Hampshire Coalition Against Domestic and Sexual Violence, said Tuesday’s decision shows Woodburn cannot escape the convictions.

“This is a small measure of accountability for an offender who tried to avoid it at all costs. No one should think they are above the law,” Grady Sexton said. 

Woodburn lost political support almost immediately after he was charged in 2018, with Democratic Party leaders calling on him to step aside. Instead, Woodburn ran and won a primary to retain his seat in the Senate. He then lost the general election to a political unknown. Woodburn has been out of politics since.

Court records show Woodburn was planning a run for governor before he was arrested, and that he was grooming the woman to a “first lady.”

The state’s brief filed in the appeal paints a picture of Woodburn as a controlling man with a drinking problem who made his new girlfriend fear for her safety months before he was charged in 2018. According to the brief, the woman, 17 years his junior, worked as the Democratic Party chair for Coos County and helped get Woodburn elected. He started pursuing a romantic relationship with her in 2015 as his marriage was falling apart, according to the filing.

Soon after they got engaged in 2017, the state says, Woodburn began publicizing their relationship to help his political career.

“[Woodburn] posted pictures on social media and told the victim that this was ‘very important to him,’ because dating her would help him with his career,” the filing states. “Although he liked the way that the victim could ‘approach a stranger with a Bernie sticker,’ he also told her that she should ‘behave like a first lady.’ He told her that she was not to criticize  him, ‘especially in public, because he hoped to be governor.’”

Former Democratic Senate Minority Leader Jeff Woodburn (D-Whitefield) won’t go to trial a third time on domestic violence charges as New Hampshire Attorney General John Formella decided to drop the case.

“The state has tried Mr. Woodburn twice and secured convictions on certain charges against him. Taking into consideration the recent mistrial after a hung jury on several remaining charges, as well as other relevant factors, I have made the decision to not bring these remaining charges against Mr. Woodburn to trial a third time,” Formella said in a statement.

But Woodburn’s not free and clear of the scandal that ended his political career in 2018. He’s still fighting to appeal his convictions on two criminal mischief charges against the same alleged victim. Woodburn has two 30-day jail sentences hanging over him, though both of those sentences are stayed pending appeal. 

Mark Sisti, Woodburn’s attorney, said his client’s future remains up in the air until the state Supreme Court weighs in.

“There’s nothing solid right now,” Sisti said.

Woodburn was arrested in 2018 on charges he assaulted his former girlfriend in a series of incidents going back to December 2017. He was convicted at the 2021 trial on counts of domestic violence, simple assault, and criminal mischief. A subsequent Supreme Court decision overturned the domestic violence and simple assault convictions on the ground Woodburn was blocked from arguing self defense at the 2021 trial.

At the second trial this spring Woodburn was able to make his case that he was defending himself against his girlfriend when he bit her hand. The result was a hung jury and a mistrial. 

Rather than take the victim through another trial, and risk another loss in Coos Superior Court, Formella made the call to end the case.

“After prosecuting this case for nearly six years and two jury trials, I do not reach this decision lightly. Domestic violence is a serious, ongoing issue that must be addressed with the utmost care and resolve,” Formella said.

Woodburn lost political support almost immediately after he was charged in 2018, with Democratic leaders calling on him to step aside. Instead, Woodburn ran and won a primary to retain his Senate seat. But he lost the general election to an unknown Republican candidate and has been out of politics since.

Democratic Party Chair Raymond Buckley declined to respond to a request for comment. Sen. Donna Soucy (D-Manchester) who is serving as Senate Minority Leader, also refused to comment.

Formella thanked the victim for her bravery in repeatedly testifying against Woodburn, as did Amanda Grady Sexton, director of public affairs for the New Hampshire Coalition Against Domestic and Sexual Violence.

“We have nothing but admiration for the brave survivor who shared her truth and paved the way for so many other domestic violence victims to break their silence. This survivor endured six years of legal proceedings in a high-profile case brought against Mr. Woodburn, who was in a position of power with higher political ambitions,” Grady Sexton said.

In Wednesday’s statement, Formella anticipates winning the next round at the Supreme Court and seeing Woodburn serve time for the criminal mischief convictions. Sisti warned the case isn’t over yet.

“I’m glad they seem very optimistic, but I’ll leave it to the Supreme Court to decide if Jeff goes to jail,” Sisti said.

With a beautiful and much younger woman by his side, a woman he instructed to act like a “first lady,” Democratic Sen. Jeff Woodburn (D-Whitefield) harbored ambitions to run for governor against incumbent Chris Sununu.

Instead, the former Senate Minority Leader is facing a possible third trial on charges he assaulted his former girlfriend while he prepares for another appeal before the New Hampshire Supreme Court. Prosecutors filed a brief last week opposing the appeal, asking the justices to uphold the only convictions still standing.

Woodburn was convicted in 2021 on two counts of criminal mischief, one count of domestic violence, and one count of simple assault for a series of incidents in which he allegedly assaulted the woman and destroyed her property. After appealing those results to the Supreme Court, the domestic violence and simple assault convictions were overturned based on the argument Woodburn wasn’t allowed to argue self-defense. But the two criminal mischief convictions were upheld.

Last month’s second trial on the domestic violence and simple assault charges in Coos Superior Court ended with a hung jury. Woodburn is free again after telling jurors he bit the woman and grabbed her in self-defense.

Now, Woodburn wants a new trial on the criminal mischief counts, claiming he didn’t get a fair trial in 2021 because his original lawyer failed to sever those charges from the assault charges.

The state’s brief paints a picture of Woodburn as a controlling man with a drinking problem who made his new girlfriend fear for her safety months before he was charged in 2018. According to the brief, the woman, 17 years his junior, worked as the Democratic Party chair for Coos County and helped get Woodburn elected. He started pursuing a romantic relationship with her in 2015 as his marriage was falling apart, according to the filing.

Soon after they got engaged in 2017, the state says, Woodburn began publicizing their relationship to help his political career.

“(Woodburn) posted pictures on social media and told the victim that this was ‘very important to him,’ because dating her would help him with his career,” the filing states. “Although he liked the way that the victim could ‘approach a stranger with a Bernie sticker,’ he also told her that she should ‘behave like a first lady.’ He told her that she was not to criticize  him, ‘especially in public, because he hoped to be governor.’”

The relationship was described as “volatile,” with Woodburn losing his temper and yelling at her or kicking the door off her clothes dryer during an argument, the state says. The woman told a friend she didn’t call the police after those incidents because she felt she was at fault, and she didn’t want to get Woodburn in trouble.

According to the available record, things got violent in late 2017. After a Dec. 16, 2017, Christmas party, an intoxicated Woodburn bit the woman’s hand, leaving marks. The bite came when the woman tried to take Woodburn’s phone during the argument.

Days later, on Christmas Eve, Woodburn allegedly punched her in the stomach after he had been drinking and verbally berating her while they wrapped presents for her children. After taking half a bottle of vodka and food, Woodburn left the house, according to the filing. However, he was back a short time later, breaking into the house and yelling at the woman.

“I hate you so much; why do we do this?” Woodburn reportedly said.

The woman testified she kept blaming herself for Woodburn’s outbursts and violence and, at the same time, was too scared to get help.

“At that point, I feared what he would do to me, too. I feared what would happen to me, that he would retaliate. He knew all the police officers in the town, too,” the woman said.

In June 2018, Woodburn became intoxicated during a party and again assaulted the woman during an argument on the ride home, according to the filing, leaving bruises on her arm. Soon after that incident, they broke up as a couple, and she contacted law enforcement.

Woodburn’s lawyer, Mark Sisti, previously told NHJournal he plans to fight “tooth and nail” to clear his client.

Former Democratic State Sen. Jeff Woodburn is filing another appeal after he was sentenced Thursday to a month in jail on criminal mischief charges connected to the domestic violence case that ended his political career.

“We will defend this tooth and nail,” said Mark Sisti, Woodburn’s attorney.

This week, Coos Superior Court Judge Peter Bornstein denied Woodburn’s motion for a new trial on the two criminal mischief convictions and sentenced him to 12 months in jail on each count, with all but 30 days suspended. That sentence is stayed, meaning he will not have to report to jail until after his appeal to the New Hampshire Supreme Court is heard.

The state Supreme Court ruled earlier this year Woodburn is entitled to a new trial on the convictions for one count of domestic violence and one count of simple assault. The Supreme Court found Woodburn did not get a fair trial in 2021 since he was not allowed to use a self-defense argument.

According to court records, the convictions stem from Woodburn’s violent actions related to three separate incidents. In the first instance, Woodburn and the woman arrived in separate vehicles at a Dec. 15, 2017, Christmas party, and the woman agreed to drive him home so that Woodburn would be able to drink at the party. During an argument on the drive home, Woodburn had the woman pull over. During a struggle over his phone, he bit her hand, according to court records.

On Christmas Eve of that same year, Woodburn kicked the door to the woman’s house after she refused to let him inside. Earlier that year, in August 2017, he reportedly kicked her clothes dryer, breaking the appliance, according to court records.

The woman went on record telling Bornstein that she tried to grab his phone without permission at one point during her many struggles with Woodburn. Bornstein stated in court that did not rise to the level of behavior allowing Woodburn’s self-defense claims.

But the Supreme Court found there was just enough evidence on record for Woodburn to make a self-defense case.

“Because the record contains ‘some evidence’ supporting a rational finding that the defendant acted in self-defense, the trial court’s refusal to instruct the jury on that theory of defense was unreasonable,” Supreme Court Judge James Bassett wrote.

However, in the same ruling, the New Hampshire Supreme Court upheld the criminal mischief convictions. 

Woodburn and Sisti continue to aggressively pursue appeals. They have been arguing Woodburn should get a new trial on all counts because Woodburn’s prior attorney erred by not seeking separate trials on all the charges, which ended up prejudicing the jury.

Sisti has further argued against the 30 days in jail, saying the sentences for the criminal mischief convictions might have been different if Woodburn had originally been found not guilty of domestic violence and assault.

Sisti said Woodburn will keep fighting the case as long as the state continues to push it. He’s open to a resolution, though.

“If they want to push it, they can push it,” Sisti said. “Jeff’s been open to a resolution to this for the past five years. For some reason, there’s this need to go forward with this.”

Woodburn was formally charged in August of 2018, and, ignoring calls for his resignation, ran for reelection to his Senate seat. Woodburn won the Democratic primary but lost in the general election in 2018.

He was originally tried on nine counts, but the jury found him not guilty of five of the alleged criminal acts.

Disgraced Democratic legislative leader Jeff Woodburn’s domestic violence convictions have been wiped out after the New Hampshire Supreme Court ruled he was denied a fair defense at trial.

“Because the record contains ‘some evidence’ supporting a rational finding that the defendant acted in self-defense, the trial court’s refusal to instruct the jury on that theory of defense was unreasonable,” Associate Justice James Bassett wrote.

The state’s high court ruled Thursday that Woodburn should have been able to argue self-defense to the jury. Woodburn (D-Whitefield) was the Democratic state Senate Minority Leader when he was charged in 2018 with assaulting his then-girlfriend.

Woodburn was blocked from arguing that he acted in self-defense against the woman, according to Bassett.

“On several occasions, the court excluded evidence of the complainant’s alleged prior aggressive conduct towards the defendant, including evidence that she had tried to block or restrain him from leaving her during previous conflicts. The defendant argued that this evidence was relevant to his theory of self-defense,” Bassett wrote.

While the court sent the domestic violence case back to Coos Superior Court Judge Peter Bornstein, it also upheld Woodburn’s convictions on criminal mischief.

Michael Garrity, communications director for New Hampshire Attorney General John Formella, said there is no decision yet on whether or not to bring a new trial against Woodburn. “We are reviewing the New Hampshire Supreme Court’s opinion in the case of State v. Jeffrey Woodburn so that we can determine our next steps,” Garrity said.

Woodburn was New Hampshire’s top-ranking Democratic senator at the time of his arrest. After winning his party’s primary, Woodburn went on to lose the 2018 general election to 75-year-old first-time candidate David Starr.

“It’s disappointing that these convictions were overturned by the Supreme Court on a legal technicality,” said Amanda Grady Sexton, director of public affairs for the New Hampshire Coalition Against Domestic and Sexual Violence. “However, other convictions in this case still stand, and Mr. Woodburn will be going to jail for his crimes. He was convicted by a jury of his peers and by a jury that believed the survivor. This decision should not in any way discourage victims of domestic violence from coming forward and reporting abuse.”

According to court records, the convictions stem from Woodburn’s violent actions related to three separate incidents. In the first, Woodburn and the woman arrived in separate vehicles at a Dec. 15, 2017, Christmas party, and the woman agreed to drive him home so that Woodburn could drink at the party. During an argument on the drive home, Woodburn had the woman pull over, and during a struggle over his phone, he bit her hand, according to court records.

On Christmas Eve that same year, Woodburn kicked the door to the woman’s house when she refused to let him inside. in August 2017, he reportedly kicked her clothes dryer, breaking the appliance, police records showed.

The woman went on record telling Bornstein that she tried to grab his phone without permission at one point during her many struggles with Woodburn. Bornstein stated in court that phone grabbing did not rise to the level of behavior that allows for Woodburn’s self-defense claims. 

In the lead-up to the trial, Woodburn’s attorney Donna Brown, sent unredacted copies of sealed court records to press members, effectively leaking the victim’s name to the media.

“His lawyer pro-actively sent copies of unsealed documents to the media,” the alleged victim’s attorney—and former Hillsborough County prosecutor— Patricia LaFrance told NHJournal at the time. “I’ve never seen that in my 16 years as a prosecutor.”

Woodburn was sentenced to two years in jail after his trial, with all but 60 days suspended. He remains free on bail. 

As New Hampshire Democrats remain silent about one of their own sitting in jail on stalking charges, the state’s leading victim advocacy group is speaking out.

State Rep. Stacie Laughton (D-Nashua) is currently being held without bail in Manchester’s Valley Street Jail on grounds she presents an ongoing danger to the public as well as the victim of her stalking and harassment. Laughton had already been found guilty of stalking the same Hudson woman named in the current complaint. The charges go back to at least 2019 before Laughton was elected as New Hampshire’s first transgender state representative.

Incoming House Democratic Caucus leader Rep. Matt Wilhelm and state party chair Ray Buckley have both refused to condemn Laughton’s behavior or respond to multiple requests for comment about her arrest.

But the New Hampshire Coalition Against Domestic and Sexual Violence (NHCADSV) is speaking out.

“We are extremely concerned by the numerous charges filed against Rep. Laughton. It is critical that individuals that hold positions of power be held accountable when they cause harm. There is no place in the New Hampshire legislature for those who perpetrate abuse,” said Amanda Grady Sexton, NHCADSV director of public affairs. “Stalking is rooted in a pattern of behavior intended to cause fear in the victim and can have long-term impacts on a survivor. Stalking is a very serious crime that has the potential to escalate to physical and even lethal violence,” Grady Sexton said.

One reason for the Democratic Party’s silence, critics said, was the GOP’s extremely narrow 198-201 majority in the House. As a result, every vote will count at Wednesday’s Organization Day session when representatives are sworn in and leadership positions are settled. Laughton’s vote could decide which party has a majority.

Democrats are also mounting a major campaign to oust current Secretary of State Dave Scanlan in favor of former State Sen. Melanie Levesque (D-Brookline).

Could Laughton leave jail to cast a vote on the floor of the State House? Under New Hampshire’s Constitution, state representatives cannot be stopped from attending House sessions and police are prohibited from arresting representatives en route to the legislature.

“Democrats could solve this problem by announcing in advance they will refuse to seat Laughton,” said Rep. Ross Berry (R-Manchester). “But they haven’t, which means they care more about politics than protecting women.”

Laughton is accused of repeatedly violating orders to leave a Hudson woman alone as well as charges of stalking, criminal defamation, and making false 911 calls. Laughton is already facing jail time after pleading no contest last summer to charges of making false 911 calls about the same victim. Prosecutors have told the court they plan to ask for the imposition of the suspended nine-month sentence brought in that case.

She is scheduled for a hearing in Nashua District Court on Dec. 22, during which she could enter into a plea agreement to resolve her case. Even if she misses Organization Day, Laughton would be free to serve in the House once she is released as she is not currently charged with any felonies.

Laughton won a seat for state representative in 2012 but was forced to resign soon after her 2008 credit card fraud arrest became public. Despite pressure from the Democratic Party, Laughton tried to run again to fill the seat in a special election after her resignation. That bid was cut short when it was deemed she was legally ineligible for office at the time since she was still technically serving her suspended sentence for the felony credit card fraud case.

After the bombshell report came out last week that found a disturbing number of faculty and staff members at St. Paul’s School committing sexual misconduct with students, advocacy groups are looking for political solutions to ensure that those incidents don’t happen again and justice is given to the victims.

St. Paul’s announced the findings Monday and admitted there were times when administrators at the elite prep school in Concord failed to adequately protect students on campus over a 40-year period from 1948 to 1988. The independent investigation by the Casner & Edwards law firm began after allegations surfaced against a former faculty member in 2000.

The investigation looked into allegations involving 34 faculty members and staff at St. Paul’s School, referred to as SPS in the report. The investigation determined that 13 school employees, 12 of whom were male, committed sexual misconduct and there were unsubstantiated claims of sexual misconduct by an additional 11 current and former faculty and staff.

“Put simply but starkly, several former faculty and staff sexually abused children in their care in a variety of ways, from clear boundary violations to repeated sexual relationships to rape,” the report found.

Substantiated cases included two chaplains, three teachers who ended up marrying students soon after they graduated St. Paul’s, and a top female administrator whose relationship with a male student in 1980 was well-known on campus.

The investigation found that the school has been willing to overlook alleged sexual misconduct in exchange for a teacher leaving, even giving one accused teacher letters of recommendation for a new job.

In a letter to the St. Paul’s community about the investigation, school officials said they wanted to make it public to be fully transparent and to learn from the school’s past mistakes so they can do better in the future.

“It is especially difficult when trust, the foundation of community, has been compromised. Our history with regard to sexual abuse and sexual misconduct is a painful one,” wrote Rector Michael Hirschfeld and Board of Trustees President Archibald Cox, Jr. “From the Board of Trustees to those charged with executing the mission on the grounds, the School is committed to confronting this history squarely so that it will remain a source of our continual improvement into the future.”

To make change, the New Hampshire Coalition Against Domestic and Sexual Violence (NHCADSV) believes lawmakers should reform the statute of limitations in sexual assault cases. Under current state law, child victims of sexual abuse only have until their 30th birthday to file a lawsuit and until their 40th birthday to press criminal charges.

“It is a huge injustice to victims and it doesn’t acknowledge the true trauma of sexual assault,” said Jessica Eskeland, public policy specialist at the NHCADSV. “Sexual assault is not like any other crime. It can cause trauma and there is so much shame since the abuse usually happens at the hands of someone who they trust and respect. For many, they don’t feel ready to come forward until their 40s, 50s, or even 60s.”

There are two bills currently in the Legislature that would eliminate the statute of limitations on sexual assaults for children under 18 years old. Senate Bill 98 and Senate Bill 164 are both tabled in the Senate Judiciary Committee until the next legislative session in 2018.

“We’ll be working with lawmakers next year to tighten this up and have victims access justice whenever they’re ready,” Eskeland told NH Journal. “We want to make sure everyone is on a level playing field regardless of where they experienced violence.”

The NHCADSV would also like to fix what they see as a glaring loophole in the New Hampshire’s Safe Schools Act. Under the act, schools are not legally required to report misdemeanor sexual assault to police, leaving the decision to report up to the discretion of school officials. Misdemeanor sexual assault would are cases involving sexual contact between minors and other minors or young adults. The N.H. Safe Schools Act only refers to felony-level sex crimes and exempts simple assaults if the school has a policy for notifying parents.

Yet, the act directly conflicts with the state’s Child Protection Act, mandating schools report suspected instances of child abuse and neglect. Schools often have agreements, known as memorandums of understanding, with police agencies. St. Paul’s and the Concord Police Department signed an agreement in September 2012 and it remains in currently remains in effect. The current agreement is written in compliance with the N.H. Safe Schools Act and states that misdemeanor assaults should be handled on a case-by-case basis. There is nothing in the agreement, though, mentioning misdemeanor sexual assault.

Eskeland said one of the most important ways a school can help is to educate its staff, faulty, and students on sexual assault prevention. David Finkelhor, director of the Crimes against Children Research Center and a professor of sociology at the University of New Hampshire, agreed in a Sunday op-ed in the Concord Monitor outlining steps schools should take to reduce their vulnerability.

He said schools need to send a clear message “that the era of ‘managing’ these offenses is over.” Schools need rules, training, and reminders about the high-risk situations in schools, they need to talk openly to students and faculty about the problem and about the responsibility of bystanders, and teachers need self-management tools.

Yet, he cautioned about trying to solve all the sexual misconduct issues in schools through legislation. He said research has found that the most effective solutions are through education and not through increasing sentences or penalties, which lawmakers might try to do.

“The schools are being asked to do so much and have various mandates that it is hard without additional resources and additional incentives to step up to the plate,” he told NH Journal. “I’m not sure…[it’s] best handled by legislation. They [lawmakers] might well end up creating more problems than solutions.”

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