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Former Dem Congressional Hopeful Hit with 15 Felony Theft Counts

Former Portsmouth attorney and one-time congressional hopeful Justin Nadeau is now indicted on 15 felony counts related to his alleged scheme to steal close to $300,000 from a mentally impaired client. 

He’s just the latest New Hampshire Democrat to find himself in legal peril.

A grand jury convened in Rockingham County handed up 11 indictments for falsifying physical evidence, two indictments for financial exploitation of an impaired adult, and one count each for theft by deception and forgery. 

The charges stem from information that came out during Nadeau’s ethics case before the state Professional Conduct Committee. Nadeau was ultimately disbarred after he was allegedly caught falsifying evidence during the PCC investigation.

“It’s difficult for me to imagine something worse for a lawyer to do,” one PCC member said, according to the court records.

Nadeau went before the PCC after he allegedly got a client who was impaired by a traumatic brain injury, Exeter woman Shawn Fahey, to give him close to $300,000 in loans in 2018. Nadeau allegedly secured the loans with a condo he did not own, and the anticipated proceeds from a pending defamation lawsuit he had against the Portsmouth Police Department.

Before his fall from grace, Nadeau had political ambitions and ran an unsuccessful campaign in 2004 against then-Congressman Jeb Bradley (R). 

Nadeau isn’t the only Seacoast Democrat in the dock. Former Stafford County Sheriff Mark Brave is facing trial for theft of county funds to pay for his affairs. The Democrat hoping to replace him, former North Hampton police chief Kathryn Mone, is facing questions about her handling of a wrongful arrest case during her last job, a case that cost North Hampton $150,000.

While Nadeau is at the beginning of his criminal prosecution, the legal struggles of former state Senate Democratic leader Jeff Woodburn of Coos County are coming to an end. Woodburn is expected to be sent to jail at his sentence imposition hearing on Wednesday in Grafton County. Woodburn was convicted of criminal mischief after he was charged with assaulting his former girlfriend in a domestic abuse case.

And then there are former state Reps. Andrew Bouldin and Stacie Laughton. A former Manchester representative, Bouldin changed his name to Andrew Kennedy and was seeking another term in the House in Lee, N.H. But he dropped out after NHJournal reported on an investigation into allegations of “grooming” — plying a teen with alcohol and making sexually suggestive comments, according to a police report.

Laughton is behind bars awaiting trial on a federal charge of sexual exploitation of children, and aiding and abetting. Laugton is a biological male who identifies as a female and allegedly committed the crimes with his girlfriend, who worked at a Massachusetts day care.

Nadeau is due in Rockingham County Superior Court on Oct. 23 for his arraignment.

Strafford County Dem Sheriff Nominee Involved in $150k Wrongful Arrest Case

Looking to retake the Strafford County Sheriff’s Office after Mark Brave’s notorious exit, Seacoast Democrats are backing a former North Hampton police chief who left her job following a controversial  — and expensive — wrongful arrest case.

Kathryn Mone’s time leading North Hampton’s department resulted in the town paying $150,000 to resident Colleen Loud, according to a settlement agreement obtained by NHJournal. 

North Hampton police took Loud out of her house in handcuffs, brought her to jail, and searched her home without a warrant for the alleged crime of drinking beer while watching baseball in her own living room. According to an independent investigation into the incident, Mone initially praised the arrest of a lone woman drinking in her own home.

Loud’s settlement is not surprising given statements made about Mone’s leadership during the subsequent investigation.

“[Mone] would rather get sued for taking action than not,” a police officer told investigators with Municipal Resources Inc. (MRI).

Loud was arrested in October 2022 after police sought to speak to her as a potential auto accident witness. The Granite Drive resident agreed last August to waive any legal claims against the town in exchange for a $150,000 payment, made through the town’s insurance carrier, according to the settlement agreement.

Mone quit her job in North Hampton on March 31, 2023, with no explanation, months after Loud’s arrest. She’s been working as a sheriff’s deputy in York County, Maine, since then.

Loud’s arrest occurred when two North Hampton officers responded to an auto accident at her home. Loud was watching television when a car crashed into a bush on her property, according to the MRI report. Loud told the officers she did not see or hear the crash.

But one officer started wondering about Loud’s condition, according to the MRI report. While Officer Matthew McCue did not notice anything unusual about Loud, Sgt. Asa Johnson told McCue he smelled alcohol and thought she might have been drinking.

“[McCue] said he did not observe any sign of impairment at that point. He explained that [Loud] seemed steady on her feet and he could not observe any odor [of alcohol] at that time,” MRI’s report states. 

Johnson, who was the lead officer, wanted to investigate further.

“Does she need to be p.c.’d?” Johnson reportedly asked McCue. (P.C. is short for a protective custody arrest.)

Officers returned to Loud’s home to further question her and noticed the unclean condition of the home. Loud later told officers she had not cleaned in 10 years, according to the police report. (Having a dirty home is not a crime in New Hampshire.)

Asked if she had been drinking, Loud said she stopped off after work and drank a few beers before coming home to watch baseball. She said she might have had some hard lemonade at home. She was reluctant to submit to a Breathalyzer test in her own home, but she was given an ultimatum from Johnson, according to the report.

The test registered a blood alcohol percentage (BAC) of .086 percent. While that is above the .08 percent legal limit for driving, New Hampshire doesn’t have a legal limit for alcohol consumption while in your own home watching a baseball game, or any other televised sporting activity.

Based on the BAC test, however, Johnson took Loud into custody.

Loud was handcuffed, placed into the back of a cruiser, and transported to the Rockingham County House of Corrections. After the arrest — and without a warrant —  the officers entered and searched Loud’s home, taking photos of the alleged mess.

According to McCue, Johnson said if the test showed she was not capable of driving, they would take her into custody. McCue conceded to MRI investigators that Johnson’s reasoning did not make sense.

Johnson told investigators Mone initially praised his decision to make an arrest. Days later, however, she told him she disagreed with some of the things he did but said she could not discuss it.

Mone told MRI she did not agree with the officers’ actions.

“Jail would not have been what I wanted, and there could have been and should have been a better resolution than that,” she said. 

Mone also said the officers were wrong to enter Loud’s home and take photos. She told investigators she had questions about the officers’ judgment. But she didn’t pursue additional training for them after the arrest. 

Asked what the officers should have done instead, Mone — who is currently running to oversee the Strafford County Sheriff’s Department — told investigators, “I don’t have an answer for that.”

Mone is running to fill the vacancy left by fellow Democrat Brave. The former sheriff is facing up to 60 years in prison if convicted on charges of theft and perjury. Brave allegedly used $19,000 in taxpayer money to fund his love life, including airfare and hotel rooms for out-of-state liaisons. 

Last week, prosecutors signaled they could be looking to add charges against Brave. The New Hampshire Attorney General’s Office filed a motion seeking documents on Brave’s original bail order and the court appointment of a public defender based on his allegedly bogus financial disclosure.

Prosecutors allege Brave lied about his finances in order to qualify for a free defense attorney. The documents now being sought could be used for a grand jury presentation to justify new criminal charges for allegedly misleading the court.

Brave’s case is not likely to go to trial until next year, barring a plea agreement. Brave has already rejected one plea offer, as well as a mediated plea settlement. Prosecutors said last week negotiations are ongoing.

Interim Strafford County Sheriff Joseph McGivern has been leading the agency since Brave’s arrest last year. He is not seeking election due to the age restrictions. Mone will face Republican Scott Tingle in November.

Disbarred Dem Lawyer Arrested on Fraud Charges

A Democratic lawyer who once had dreams of elected office is facing prison time for allegedly stealing money from a disabled client and then doctoring evidence.

He’s the second New Hampshire Democrat to be hit with news of potential jail time in the past 24 hours.

Police arrested Justin P. Nadeau Wednesday on charges of theft by deception, forgery, multiple counts of falsifying physical evidence, and financial exploitation of an elderly, disabled, or impaired adult.

The charges stem from information that came out during Nadeau’s ethics case before the state Professional Conduct Committee. Nadeau was ultimately disbarred after he was allegedly caught falsifying evidence during the PCC investigation.

“It’s difficult for me to imagine something worse for a lawyer to do,” one PCC member said, according to the court records.

Nadeau went before the PCC after he allegedly got a client who was impaired by a traumatic brain injury, Exeter woman Shawn Fahey, to give him close to $300,000 in loans in 2018. Nadeau allegedly secured the loans with a condo he did not own, and the anticipated proceeds from a pending defamation lawsuit he had against the Portsmouth Police Department.

Nadeau allegedly told Fahey that until the defamation lawsuit was resolved he was “strapped for cash.”

It was a tough 24 hours for New Hampshire Democrats.

Portsmouth’s Nadeau was the Democratic nominee in New Hampshire’s First Congressional District in 2004, losing to incumbent Republican Jeb Bradley by nearly 30 points. 

Nadeau’s defamation lawsuit against the Portsmouth police arose from an arrest of Portsmouth man Christian Jennings. Jennings was allegedly found with quantities of marijuana, Ecstasy, amphetamines, a loaded gun, and $42,000 in cash. According to police, Nadeau was handling an $85,000 marina investment for Jennings before the arrest, though the marina deal never closed. Nadeau brought the lawsuit when police opened an investigation into whether or not he was laundering drug money. The defamation case was settled in 2019.

Nadeau also allegedly hid the $165,000 he collected after he sent Fahey to a Massachusetts attorney to handle her injury case, according to the PCC investigation. Nadeau reportedly collected referral fees from the Massachusetts attorney as well as other money related to Fahey’s case.

Nadeau slow-walked producing documents related to the case for the PCC. The Democrat even destroyed his computer before the hearing, according to court records. Nadeau claims he made all the appropriate conflict of interest disclosures and eventually produced printed copies of the letter he claimed he sent her.

However, James Berriman, the computer expert hired by the PCC, looked through Nadeau’s office server and found the dates on the documents Nadeau gave to the committee were fake, and the documents were created well after he took the money from Fahey.

“As a member of the PCC observed at oral argument before the PCC, ‘the Berriman Report and the spoliation of evidence, in my mind . . . is one of the most significant violations I have seen in decades of practice before the ADO before joining this committee,’” a New Hampshire Supreme Court ruling states.

Nadeau appealed his disbarment, but the Supreme Court ruled in April that he crossed too many lines to be let back into court, at least not as an attorney.

Nadeau is due in Rockingham County Circuit Court in Portsmouth for an arraignment on Sept. 9.

Woodburn Appeal Rejected, Former Dem Senate Leader Faces Jail

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.’”

NH’s School Spending Surge 3rd Highest in US. NHDems Want More.

In 2002, the first Harry Potter movie hit the big screen, Gov. Jeanne Shaheen was making her first (unsuccessful) bid for U.S. Senate, and Nelly was singing it is “Hot in Herre.”

And the per-pupil school revenue for a New Hampshire public school student was $14,184.

Twenty years later in 2022, that number was $22, 738 — an increase of 60.3 percent and the third-biggest jump in inflation-adjusted revenue per student in the country. Only Illinois (61 percent) and  New York (81.4 percent) rose more.

And yet, despite the explosion in spending, New Hampshire Democrats at the state and local level say taxpayers need to pay even more.

In Nashua, the school board has approved a new $131,061,021 budget, a 4.49 percent increase over the prior year’s operating budget, on top of record spending.

In Concord, residents will see a 2.9 percent education tax increase thanks to the $107.9 million school budget. That total is 1.58 percent higher than Concord’s previous school budget — once again, already a per pupil record.

Manchester is also considering a record $227.9 million school budget. Mayor Jay Ruias calls the school total a compromise figure, and part of his overall effort to get the school and city budgets under control after years of former Mayor Joyce Craig’s leadership. 

At the state level, both former Manchester Mayor Joyce Craig and Executive Councilor Cinde Warmington support even more tax dollars for public schools. Craig is running on a pledge to “boost the state’s investment in public education.” And Warmington wants to shut down Education Freedom Accounts entirely and add that funding to public schools.

Neither Craig nor Warmington responded to a request for comment about soaring school spending, or the fact that it coincides with standardized test scores that are flat or falling.

The reason for New Hampshire’s high rank in per pupil spending is its decline in enrollment.

“Since 2002, student enrollment numbers in the Granite State have dropped from 207,684 to 165,095, which represents a decrease of 42,589 public school students, or about a 20.5 percent decline during the past 21 years,” the state Department of Education reported last year. The state’s public schools lost another 2,262 students (1.4 percent of enrollment) in 2022 alone.

Drew Cline, president of the Josiah Bartlett Center for Public Policy, says nobody should be surprised by these numbers.

“During the first two decades of this century, New Hampshire spent 40 percent more to educate 14 percent fewer students, and those students wound up doing slightly worse in reading and math,” Cline said.
“These spending figures are adjusted for inflation, too, so no one can blame the rising costs of goods, services and labor for the large increases. Even after adjusting for all of that, New Hampshire still sees huge spending increases.”

All that spending for public school students comes as the state faces a potentially expensive court case on education funding. The ConVal decision, currently appealed to the New Hampshire Supreme Court, almost doubles the state’s portion of per pupil spending.

The ConVal decision increases the state’s adequacy aid grant $4,100 per student to at least $7,300. If the decision stands, it would represent a minimum $500 million annual tax increase.

Both Craig and Warmington have been endorsed in prior political campaigns by the state’s two teachers unions, the American Federation of Teachers and the National Educators Association. The union presidents, AFT’s Deb Howes and the NEA’s Megan Tuttle, also did not respond to a request for comment.

Warmington, Craig, and the unions, are all staunch opponents of New Hampshire’s Education Freedom Accounts, the school choice program that allows families to opt out of the public school system.

“We don’t take taxpayer dollars to subsidize private schools,” Warmington told WMUR last year. 

Both of Warmington’s children attended the elite Tilton School for secondary education, an independent boarding and preparatory school in New Hampshire. Tilton charges $38,500 for day school and nearly $67,000 for boarding school.

Craig said earlier this year if elected governor, her first budget would see an increase in spending for public schools.

“We need to fund public education in this state,” Craig said. “Right now, we are not.”

After Rejecting Deals, Brave Could Face Additional Charges

Former rising Democratic Party star Mark Brave once thought he could play the race card and beat the rap over his alleged mishandling of taxpayer funds.

After he was arrested, the former Strafford County sheriff appeared to believe he could leverage a sweetheart deal by rejecting plea bargains from prosecutors.

Instead, after delaying the case for months, Brave may now face even more criminal charges if he decides to face a jury.

Brave is currently facing up to 64 years in prison on Stratford County charges for allegedly stealing taxpayer money to pay for his extramarital affairs and then repeatedly lying about it to a grand jury.

Assistant New Hampshire Attorney General Joe Fincham told Rockingham Superior Court Judge Andrew Schulman in a June 12 motion he plans to seek more indictments against Brave if the case does go to trial as scheduled on Aug. 5. 

Brave, who made history when he was elected New Hampshire’s first Black sheriff, could get another record in the books by becoming the state’s first elected sheriff to go to prison. He was a progressive favorite who ran a pro-Black Lives Matter campaign to reform law enforcement before he was caught stealing money to pay for multiple out-of-state liaisons with many different women who were not his wife, according to court records.

These possible new indictments would likely cover Brave’s alleged misdeeds as sheriff in Strafford County and his lies to Rockingham County court officials after he was charged. According to Fincham, Brave knew he could be charged with more by turning down a deal and going to trial.

“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,” Fincham wrote. 

While he was being investigated last year, Brave accused members of the Strafford County Commission of targeting him because they were racist. All three members of the commission are elected Democrats.

Once he was indicted, 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 also violated an order from Schulman to live in New Hampshire 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. 

When Brave’s lies were discovered, Fincham threatened to charge him with theft for receiving his New Hampshire sheriff’s salary while living out of state and revoke his personal recognizance bail. According to Fincham, Brave is required to live in New Hampshire as an elected official. 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.

Brave turned down a plea agreement offered by prosecutors earlier this year, and refused to sign on to a mediated plea agreement reached last month. That forced Schulman to schedule a trial for the first week of August.

Fincham’s motion seeks to hold the trial schedule since there’s still a chance the case can be resolved with a negotiated plea. According to Fincham, talks between prosecutors and Brave’s attorney are ongoing.

If those talks fail and the case goes to trial, Fincham said the new indictments he plans to seek could come weeks before the jury is selected, giving little time for either side to file any necessary motions on the charges.

Fincham notes he will also need more time than Schulman has scheduled to call the numerous out-of-state witnesses he has planned. 

The Rockingham County venue for the trial is another issue that needs to be resolved before trial, according to Fincham. Brave has the constitutional right to have the trial on the original charges held in Strafford County. So far, there’s been no court finding that Brave cannot have a fair trial in Strafford County, and Brave has not formally asked to change the venue from his home county, Fincham wrote.

Portsmouth Lawyer and Former Dem NH-01 Hopeful Disbarred

New Hampshire’s Supreme Court ruled this week that Granite State courts have seen enough of Portsmouth attorney Justin Nadeau, disbarring him after he was caught doctoring evidence in his ethics case before the Professional Conduct Committee.

“It’s difficult for me to imagine something worse for a lawyer to do,” one PCC member said, according to the court records.

Nadeau, once a Democratic candidate in the First Congressional District, was brought before the PCC after he allegedly got a client who was impaired by a traumatic brain injury, Exeter woman Shawn Fahey, to give him $300,000 in loans in 2018. Nadeau allegedly secured the loans with a condo he did not own, tax liens, and the anticipated proceeds from a pending defamation lawsuit he had against the Portsmouth Police Department.

Nadeau allegedly told Fahey until the defamation lawsuit was resolved he was “strapped for cash.”

The lawsuit against Portsmouth’s police stems from an arrest of Portsmouth man Christian Jennings. Jennings was allegedly found with quantities of marijuana, Ecstasy, amphetamines, a loaded gun, and $42,000 in cash. According to police, Nadeau was handling an $85,000 marina investment for Jennings before the arrest, though the marina deal never closed. Nadeau brought the lawsuit when police opened an investigation into whether or not he was laundering drug money. The defamation case was settled in 2019.

Nadeau also allegedly hid the $165,000 he collected after he sent Fahey to a Massachusetts attorney to handle her injury case. Nadeau reportedly collected referral fees from the Massachusetts attorney as well as other money related to Fahey’s case.

According to the Supreme Court’s disbarment order released Tuesday, Nadeau slow-walked producing documents related to the case to the PCC. The Democrat even destroyed his computer before the hearing. Nadeau claims he made all the appropriate conflict of interest disclosures and eventually produced printed copies of the letter he claimed he sent her.

However, James Berriman, the computer expert hired by the PCC, looked through Nadeau’s office server and found the dates on the documents Nadeau gave to the committee were fake, and the documents were created well after he took the money from Fahey.

“As a member of the PCC observed at oral argument before the PCC, ‘the Berriman Report and the spoliation of evidence, in my mind . . . is one of the most significant violations I have seen in decades of practice before the ADO before joining this committee,’” the court ruling states.

Nadeau argued that disbarment is too harsh a penalty, but the Court found that his “deliberate, multi-year effort to deceive the disciplinary authority” and the ethics complaints involved in Fahey’s case make un-lawyering him appropriate.

Nadeau’s father, J.P. Nadeau, agreed to resign from the New Hampshire Bar Association in 2009 after he was investigated for a conflict of interest for representing a construction company involved in a dispute with Justin Nadeau.

Nadeau once had hopes of higher office, running an ultimately unsuccessful campaign against then-Congressman Jeb Bradley (R). Nadeau’s campaign was spearheaded by Steve Marchand, Portsmouth’s former mayor who ,himself went on to unsuccessful runs for higher office. In recent years, Marchand has been warned by the New Hampshire Attorney General’s Office for skirting campaign laws.

Strafford County Chair Now Claims Low Bid Unworkable

After taking heat for picking the $180 million design for the proposed new Strafford County Nursing Home over a $50 million bid, and then saying he never saw the less expensive bid, Commissioner George Maglaras said Wednesday the low bid wasn’tould work.

“The commission picked the firm we thought had a track record of building larger nursing homes and there are other written responses required within the answering of the RFP,” Maglaras told NHJournal.

Republican members of the Strafford County Delegation blasted Maglaras, a Democrat, and the two other Democratic Commissioners this week after learning about the lower bid from EGA Architects. Rep. Cliff Newton said the Commission kept him and other delegates in the dark about the lower-cost bid on the 215-bed proposal.

“Strafford County Commissioners and administration never informed the delegation of the EGA’s lower cost plan. Instead, they chose a much more expensive and institutionalized building plan without exploring different options that would have been acceptable to the entire delegation,” Newton said.

When contacted Tuesday about the EGA bid, Maglaras initially told The Rochester Voice he never saw EGA’s bid. That’s despite the fact the NHJournal found records showing the Commission was presented with all six bids, including EGA’s, on the project in 2022 when they voted to go with Warrenstreet. By Wednesday, Maglaras blamed politics for the kerfuffle, and said he was misunderstood.

“I said that there was never a $40 million proposal put before us,” Maglaras said. “These claims by some of the Republican members are misguided and are inflammatory and political in nature.”

According to Maglaras, the EGA bid quoted the Commission a cost of $350 a square foot to build the new home. But that number was never going to work, he said. EGA cited its work building the Carroll County Nursing Homes 10 years ago in its bid to Strafford. However, the construction company hired by EGA in Carroll told a slightly different story, Maglaras said.

“I brought in Bonnette, Page and Stone who was the contractor that actually built the Carroll County Nursing Home designed by EGA and they told the entire delegation in a public meeting it would cost $600 a square foot to construct a similar facility today and that the (Carroll County) home does not meet present federal design standards,” Maglaras said. “Architects don’t build buildings, construction companies do. You need to compare apples to apples not apples to cherries.

Comparing Maglaras’ math, that means the EGA bid would have cost as much as $83 million at $600 per square foot, instead of the $50 million the company quoted. The Warrentstreet project costs close to $1,300 per square foot.

The Republicans on the delegation have twice blocked the Commission from getting bonds for the $180 million proposal, and the Nursing Home project is currently stalled out. Maglaras wants to see the project get back on track.

“We have offered to meet with all the parties to see if we can’t move the process forward. The offer still stands and we will be reaching out to them,” Maglaras said.

Strafford County Ignored Low Nursing Home Bid

A million here, a million there, and pretty soon you’re talking about real money, the saying goes.

Unless it’s taxpayer money. 

Strafford County’s quest for a new nursing home stalled out last year when members of the county legislative delegation balked at the astronomical $170 million proposal pushed by county commissioners. Representatives like Cliff Newton (R-Rochester) blocked the commissioner’s request to take out a massive bond for a 215-bed nursing home proposal complete with a golf course and waterfall.

But now, Newton is flabbergasted to learn commissioners ignored a $50 million bid when they originally opted for a grander vision.

“It boggles my mind they did that,” Newton told NHJournal.

When the commissioners voted unanimously to go with the extravagant bid submitted by architectural firm Warrentstreet in May 2022, it passed over the $49 million bid from EGA Architects. The lower bid was never shared with the delegation, Newton said.

“They did it without notifying the delegation of anything,” Newton said.

Commission Chair George Maglaras denied ever seeing the lower bid, telling The Rochester Voice on Tuesday, “That proposal never came before us.”

However, the EGA bid was presented to the commission at the May 26, 2022 meeting, according to meeting minutes on file. Maglaras did not respond to a request for comment from NHJournal.

The county’s all-Democrat commission has been working for years to put together a winning proposal for a new nursing home. Twice the delegation stopped its plans over cost concerns. Newton fully supports a new nursing home for county residents, but said the expensive plans favored by the commission don’t make sense for taxpayers.

Frustrated by a lack of a new, lower-cost proposal, Newton and others took a trip to Carroll County to tour the nursing home there. Impressed by that facility, put together by EGA, they spoke to company representatives about doing the same for Strafford County. That’s when Newton and other delegation members found out EGA, in fact, submitted the $50 million bid.

“I knew that we were not being told the whole story on the county nursing home project,” Newton said.

Rep. Joe Pitre (R-Farmington) said commissioners wasted time and taxpayer money pursuing the high-cost project. So far, the county has spent close to $2 million developing the upscale Warrentstreet proposal.

“When I spoke with [EGA] they said yes, they could build one, but would have to adjust for inflation to a cost of approximately $64 million, or $15 million more because of the delay,” Pitre said.

Newton and Pitre started digging and found the EGA bid submitted in April 2022, as well as the record on the May 2022 vote.

“Strafford County commissioners and administration never informed the delegation of the EGA’s lower cost plan. Instead, they chose a much more expensive and institutionalized building plan without exploring different options that would have been acceptable to the entire delegation,” Newton said. “As a result of their actions, we have not approved a bond for an extravagant nursing home. We have gone nowhere in two years. We have spent $2 million of taxpayer money with nothing to show for it, and that is just plain wrong.”

Newton believes the commissioners want to build a facility that can compete with the many private nursing homes already in Strafford County. The county home is a service for county residents, and it is supposed to be there for the people, he said.

“Instead, they’re chasing revenue by trying to compete with private nursing homes,” Newton said.

Woodburn’s Domestic Abuse Trial Ends With Hung Jury

The state’s second domestic abuse trial against former Democratic Senate Minority Leader Jeffrey Woodburn ended in a hung jury Thursday.

Jurors were unable to come to a unanimous guilty or not guilty verdict following the one-day trial in Coös Superior Court, forcing Judge Peter Bornstein to declare a mistrial.

Woodburn’s lawyer, Mark Sisti, told NHJournal he suspects jurors could not agree on whether or not his client acted in self-defense when he bit the alleged victim during a 2017 altercation.

“Most of the facts were already stipulated. The real question is whether it was self-defense,” Siti said.

One of the jury’s questions to the court during deliberation sought clarification on what constitutes a criminal assault.

“Is grabbing someone’s phone considering the time, place, and circumstances an act of assault or confinement?” a juror asked.

Bornstein responded that the facts were up to them to determine based on what they heard at trial and that they should look at the incident in total.

The judge wrote back, “You should consider all the facts and circumstances at that time and place based on the evidence presented.”

The vote split among jurors was not known Thursday, and Sisti said he would not be able to communicate with any jurors for 30 days following the trial. What’s also unknown is if the state plans to try for a third trial against Woodburn.

Reached for comment, New Hampshire Attorney General John Formella’s spokesman, Michael Garrity, told NHJournal no decision on a potential third trial has been made.

“We have not made any decision on whether to retry this matter. We will make that decision after due consideration,” Garrity said.

Sisti is prepared to keep fighting if there is a third trial, saying Woodburn has no intention of backing down.

“We’re going all the way. This is a case he’s not going to drop,” Sisti said.

Thursday’s mistrial shows the strength of Woodburn’s position, according to Sisti. The state likely cannot prove the case to a jury beyond a reasonable doubt, he believes.

The New Hampshire Coalition Against Domestic and Sexual Violence, which has commented on the case in the past, did not offer a take on Thursday’s mistrial. Instead, it sent NHJournal a statement reminding all survivors of domestic violence that help is available.

“Survivors should not feel alone in New Hampshire. An advocate is available 24/7 and is a phone call away. The statewide hotline is 1-866-644-3574.”

The charges stem from Woodburn’s actions related to three separate incidents, according to court records. In the first instance, Woodburn and the woman arrived in separate vehicles at a Dec. 15, 2017, Christmas party. 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, and 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 drier, breaking the appliance, according to court records.

The woman went on record telling Bornstein that during one of her struggles with Woodburn, she tried to grab his phone without permission.

Woodburn was convicted in 2021 on two counts of criminal mischief, one count of domestic violence, and one count of simple assault. Last year, the New Hampshire Supreme Court overturned the simple assault and domestic violence convictions, ruling Woodburn was denied a fair trial because he had been prevented from arguing self-defense in front of the first jury.

The criminal mischief convictions and 30-day jail sentences are both still pending another appeal to the state Supreme Court. 

Woodburn was formally charged in August 2018 but still ran for reelection to the state Senate despite calls for his resignation. He won the Democratic primary but lost in the general election.