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Strafford County Sheriff Mark Brave’s lucrative contract with Frisbie Memorial Hospital was reached after an internal report recommended cutting back on security at the facility.

How did it happen? Critics say it didn’t hurt that Brave’s wife Jamie is Frisbie’s former Chief Nursing Officer.

Jamie Brave left her job at Frisbie in December, days after being arrested for allegedly driving drunk after a Christmas party. Mark Brave was also in the couple’s Mercedes at the time of the stop and deemed too intoxicated to drive for his wife. Both Brave’s had a reported blood alcohol level of more than 0.15 percent, nearly twice the legal limit of .08 percent.

Hospital officials tell NHJournal there is no connection between Jamie Brave’s senior position at the hospital and the administration’s decision to override recommendations in order to hire her husband.

“We have a signed conflict of interest statement from (Jaimie Brave),” said Ellen Miller, the hospital’s marketing and communications director.

Frisbie started a contract with Brave last year that maxes out at $100,000 annually.

Sources who contacted NHJournal, however, said while Jamie Brave was not in the room during any negotiations between hospital administration and Mark Brave, she was instrumental in bringing the two sides together.

Mark Brave did not respond to requests for comment.

Miller told NHJournal that Mark Brave was contracted to provide extra security in response to an incident that left a hospital security staffer fatally injured. Rick Semo, a Frisbie security guard, was assaulted by Tyler Thurston outside the hospital’s emergency room in December 2020. Semo died days later from his injuries.

While it might make sense for the hospital to add security staff to the campus in the wake of Semo’s death, in reality, Frisbie’s parent company, Tennessee-based HCA Healthcare, wanted to cut security in the weeks after the attack, according to an internal report obtained by NHJournal.

The Physical Security Assessment by HCA’s Kat Kemper and sent to former Frisbie CEO Jeff Cionti and CFO Matt Untch on Jan. 12, 2021, stated Frisbie should cut its number of full-time equivalent unarmed security staffers down to 5.2 full-time employees.

Kemper’s assessment stated the hospital was considered low-risk and needed only one security officer on duty around the clock and one supervisor on duty 40 hours a week. Sources say the hospital followed that recommendation for staffing levels, with deputies on campus supplementing the one staffer.

The report also stated there were security risks in the hospital’s labor and delivery department. The security staff did not have the ability to monitor the department electronically, and the hospital was placing non-labor and delivery patients into the department. In addition, Kemper’s report stated a teenager placed on a “hold” was in a room inside the same department as newborn infants and mothers. “Hold” is a term typically used for people in custody for a mental health crisis.

Frisbie has since announced plans to close its labor and delivery department. Pregnant women will be diverted to Portsmouth Regional Hospital for healthcare services.

Kemper’s report also found the hospital had not completed an annual risk assessment for infant security and pediatric security.

Miller said she was unaware of the report’s existence when contacted by NHJournal.

Sources tell NHJournal the hospital is currently understaffed when it comes to security, even with the addition of deputies from Brave’s department. The security situation puts staff and patients at risk, the sources, said and puts security staffers in the position of having to use force more often in potentially violent situations.

While security contracts like the one at Frisbie are common for New Hampshire sheriff departments, Brave’s department has just two: The Frisbie contract and a contract with the Farmington School District to provide a deputy to serve as a School Resource Officer/Truancy Officer.

Brave, a Democrat who is New Hampshire’s first elected Black sheriff, ran on a platform opposing police officers in schools.

One is a former cop who is fighting to keep the records surrounding his firing from the force secret.

Another is a progressive who has spoken at “defund the police” rallies urging drastic restrictions on policing.

And another used her social media account to echo antisemite Louis Farrakhan’s language about Jews being “termites.”

What do they all have in common?

They all play a key role in overseeing law enforcement and crime policy in the Granite State as members of the House Criminal Justice and Public Safety Committee.

The committee is currently chaired by Rep. Terry Roy (R-Deerfield) who was fired from the Gardner, Mass. police force for lying on his Massachusetts license to carry a firearm application, according to court records.

He serves alongside fellow Republican Rep. Jon Stone (R-Claremont), who is fighting a Superior Court order to unseal the Claremont Police Department internal affairs records that might allow voters to know why he was fired from being a police officer.

Democrats on the committee include Rep. Allisandra Rodríguez-Murray (D-Manchester), who supported the “defund the police” movement and has made problematic statements regarding allegations of antisemitism among her fellow progressives.

Peterborough Democrat Jonah Wheeler, another new member of the committee, also aggressively promoted the “defund the police” movement speaking at rallies advocating the policy.

Those members of the Criminal Justice committee will weigh in on proposed law changes, like the one to eliminate the physical fitness requirements for police officers, or one allowing convicted felons to own guns, or another legalizing Dimethyltryptamine, a powerful hallucinogenic drug used in some native peoples’ religious ceremonies.

Pat Sullivan, executive director of the New Hampshire Chiefs of Police Association, said he and other advocates in the law enforcement and public safety community, will work with whoever sits on the committee.

“The New Hampshire legislature is the third or fourth-largest legislative body in the world, we get what we get,” Sullivan said.

Neither Stone, Murray, nor Wheeler responded to requests for comment.

According to court records, Roy was fired from the Gardner, Mass. Police Department in 1999 after then-Police Chief James Dufort discovered Roy lied on his original application for his license to carry a firearm. Dufort sent Roy a letter detailing why he was revoking the license.

“I find that you are not a suitable person to be licensed to possess a firearm,” Dufort wrote.

According to a court opinion affirming the revocation, Dufort believed Roy lied on his original application when he claimed he never had a prior criminal conviction, and that he had never used drugs.

“Chief Dufort discovered, however, that Roy’s criminal records indicate that he twice appeared before a juvenile court on delinquency complaints, one for a false alarm and another for larceny. In addition, while serving in the United States Army in 1990, Roy admitted to possession and use of cocaine,” Judge Timothy Hillman wrote.

Roy would keep fighting his termination in court, which he said was payback from some in Gardner City Hall after he arrested a city councilor for drunk driving. He eventually reached a settlement with the city, had his personnel record cleared, and had his termination changed to a resignation. Even though Roy would get his firearms license back and go on to work as an investigator for the state of Massachusetts, his time in Gardner continues to be used by political enemies.

“Because they know, that no matter how small the position, whether it pays, is volunteer, or as in this case, actually costs the person money to do; the other party will attempt to drag them and their families through any mud they can find, regardless how old or how untrue,” Roy said. “I was a much younger and healthier man a quarter century ago when I originally fought and won this in the press and the courts. It would be nice to be able to stop at some point.”

Stone, like Roy, became politically active after his career in New Hampshire law enforcement ended with termination. He is currently a member of the Claremont City Council and won a close vote in November to take the seat in the state House.

In 2006, Stone was fired from the Claremont Police Department for reasons that have never been made public. This reporter made a 2020 Right to Know request seeking Stone’s internal affairs records, and Stone has been attempting to keep the investigations into his actions as a police officer, and the possible reasoning for his firing from the department, hidden from the public since.

Last month, Sullivan Superior Court Judge Martin Honigberg ordered Stone’s records released, but stayed that order to give Stone time to appeal to the New Hampshire Supreme Court.

House Majority Leader Jason Osborne (R-Auburn) dismissed concerns about Roy and Stone’s past.

“I can’t imagine why I would concern myself with the distant past HR file of a legislative colleague,” Osborne said.

Rodríguez-Murray and Wheeler have both been vocal in their support for defunding police. They are also part of the progressive Rights and Democracy organization that targeted former Rep. Nicole Klein Knight (D-Manchester) after she complained about Rep. Maria Perez’s anti-Semitic statements.

Wheeler was following Klein Knight out of a committee meeting when she got into a verbal exchange with him, during which she used the n-word several times. She later claimed she was using the word as an example of offensive, and not pejoratively directed at Wheeler, who is African American.

During the ensuing fallout, Rodríguez-Murray decried Klein Knight’s lack of an apology two weeks after the incident and employed an anti-Semitic trope.

“Two weeks without an apology from @RepNicoleK and I’m done expecting one. we kicked the termite nest and uncovered racism permeating further into the party than we could’ve anticipated, and I for one am done wasting my energy on so-called allies,” she wrote on Twitter.

The “termite nest” reference echoes a highly-publicized statement by notorious antisemite Louis Farrakhan who declared, “I am not an antisemite. I am anti-termite.”

Klein Knight herself had been a member of the Criminal Justice and Public Safety Committee until the incident with Wheeler.

House Minority Leader Rep. Matt Wilhelm (D-Manchester) did not respond to a request for comment.

Sullivan said he and the police chiefs who go before the committee work hard to connect with all the members and educate them about the realities of police work. Ultimately, it is the voters who decide who gets to go to Concord he said.

“These are elected folks and their constituents elected them,” he said.

A jury needs to decide if the New Hampshire Department of Safety and the owners of the Derry gun store ignored red flags when Ian MacPherson bought the gun he would use to shoot two Manchester police officers in 2016, according to attorney Mark Morrissette.

“My clients need due process. They were shot by someone who shouldn’t have had a weapon,” Morrissette said Tuesday as he presented his arguments before the New Hampshire Supreme Court.

Morrissette wants the High Court to overturn last year’s Superior Court ruling that threw out the lawsuit brought by Ryan Hardy and Matthew O’Connor, the two Manchester police officers MacPherson shot with the .40 caliber Smith and Wesson handgun he bought at Chester Arms.

According to Morrissette, both the store and the New Hampshire Department of Safety are at fault in the shooting for ignoring obvious signs that MacPherson should not be sold a gun.

MacPherson was found not guilty by reason of insanity in the shooting and is currently being held by the state for psychiatric care, according to Morrissette. When he went into Chester Arms to buy the gun, he exhibited such strange and alarming behavior that customers left the store to get their own weapons, and other customers called police because they were scared of him, Morrissette said.

“This was not a usual situation,” Morrissette said.

Sean List, the attorney for Chester Arms, said the store cannot be held liable for the sale. Store employees followed the law and relied on the Department of Safety’s Gun Line to clear the sale. MacPherson’s behavior on the day he first tried to buy the gun in March of 2016 may have been odd, but not a legal disqualification from owning a handgun, List said.

“There was no indication the guy was dangerous. Quirky, maybe, but not dangerous,” List said. “Let me tell you, if you go to a gun show … you’ll see some quirky people who are not dangerous.”

Even though MacPherson had a criminal history that included domestic violence conviction and an involuntary hospital stay for a mental competency evaluation, Jessica King, the attorney for the Department of Safety, said there was no information that the state’s Gun Line staff could have found that would disqualify MacPherson’s purchase at the time.

“At the end of the day we couldn’t find anything that wasn’t there,” King said.

According to Morrissette, that is simply not true. MacPherson’s record was riddled with enough red flags to prompt the Gun Line staff to delay his approval for a handgun purchase.

MacPherson was initially unable to purchase the gun when he went to Chester Arms in March of 2016. The store employee contacted the state’s Gun Line, run by the Department of Safety, for a background check on MacPherson. According to court records, the Gun Line told the store that MacPherson’s status was “delayed” for further investigation.

The Gun Line investigation found MacPherson had a history of domestic violence charges out of Merrimack, as well as court-ordered mental health evaluations. A relative told Merrimack police that MacPherson suffered from severe mental illness, and this was conveyed to the Gun Line.

While this information was given to the Department of Safety and the Gun Line, the state never told Chester Arms not to sell MacPherson the gun, according to court records.

The Gun Line investigation found that because of MacPherson’s relationships with the victims in the domestic violence cases, those convictions met the legal definition of a violation that would prevent him from owning a firearm. The Gun Line employees were also unable to verify his mental health condition, according to the order.

Morrissette told the justices on Tuesday the Gun Line staff had the information needed to put a halt to MacPherson’s purchase but failed to do their jobs. Gun Line investigators had access to enough information to learn he was not eligible to own a gun, including a Merrimack Police report that indicated MacPherson was psychotic, refused treatment, and presented a danger to himself and others.

The store waited more than three business days to hear back from the Gun Line for a final determination. After not being contacted by the state, the store allowed MacPherson to buy the gun with the “delayed” background findings as is allowed under state law.

MacPherson’s Gun Line status continued to be listed as “delayed” for the weeks he owned the gun and did not change until after he shot the officers in May of 2016.

The shooting happened when the officers tried to question MacPherson about a gas station armed robbery. Hardy was shot in the face and torso; O’Connor was treated for a gunshot wound to the leg. Both officers have since returned to active duty.

Morrissette said the case and all its facts need to be decided by a jury. He’s not trying to put the Second Amendment right to own a gun on trial, he said. He wants to hold people and institutions accountable when they allow the wrong people to access guns.

“The Second Amendment should be honored, but it shouldn’t put a weapon in the hands of someone who is incompetent,” Morrissette said.

The justices took the case under advisement and will issue a ruling in the coming months.

When a citizen filed a “no trespassing ” order against Claremont City Councilor James Contois, the government official did not take it lying down. Instead, he went to his fellow city official, Claremont Police Chief Brent Wilmot, and tried to get it removed.

Contois did not get his way, and now he is facing calls for his removal for attempting to get special treatment from the city.

“I don’t give up my rights as a citizen,” Contois said. “If I had overstepped my boundaries, you bet your life that [the] chief would have called the city manager or the mayor.”

Contois was served with the order last week to stay off the Route 12 property being developed into a Jeep dealership by Christian Gomes. Gomes said he called the police after Contois refused to leave his property.

“He needs to get out of government because he can’t be impartial,” Gomes said. “He’s trying to be an activist while he’s a city councilor. He can’t do both.”

Gomes owns both the Jeep and Ford dealerships in the city. He recently won approval from the New Hampshire Department of Environmental Services to drain and fill a wetlands meadow to move the Jeep dealership to be adjacent to the Ford dealership. Gomes agreed to pay a $146,000 fee to the state for the wetlands and said his plans have been approved by both state and city authorities.

“I’ve done everything that DES has asked,” Gomes said. “We’re breaking ground next week.”

Contois, who also sits on the city’s Conservation Commission, is a vocal opponent of the development. He filed an appeal of the DES approval for the construction. Last week, Contois went to the Route 12 wetlands to get photos for his appeal when he says he was confronted by Gomes.

“(He) was verbally harassing me to get off property and he called police,” Contois said.

Gomes’ version is different, saying the city councilor was on his dealership property being a nuisance before he contacted police.

“(Contois) refused to leave after being asked three times,” Gomes said.

Police told Contois to leave, even though Contois claims he was legally allowed to be at the property based on his reading of city tax maps. Gomes then obtained a no-trespassing order through the department to keep Contois from coming back.

On Monday, Contois called Claremont Police Chief Brent Wilmot to see if the chief could have the order rescinded.

“He told me he was looking to have the order lifted, and I explained that’s not something we did,” Wilmot said.

Police in New Hampshire do not have the legal authority to lift no trespassing orders, Wilmot explained. That is a decision only the property owner can make. Wilmot told the councilor that police essentially act as letter carriers in cases of such orders. Wilmot told NH Journal he tried to educate the councilor about how no trespassing orders work and suggested Contois find another location from which to take photos.

Wilmot chalked up the call from Contois to a misunderstanding about the procedure and did not view it as an attempt to influence law enforcement.

“I did not feel he was pressuring me to have it lifted,” Wilmot said. “I simply told him I was not going to do that.”

Wilmot did pass along Contois’ concerns, and another officer called Gomes to see if he wanted to have the order lifted, which Gomes declined. Gomes, himself a former New York police officer, said if Contois was not trying to pressure police, his call to Wilmot demonstrated a level of incompetence that is itself disqualifying.

“The man is mentally incompetent,” Gomes said.

Gomes cited Contois’ testimony during the July DES public hearing when the councilor spoke in opposition to the development. During his testimony, Contois said he went to the property and listened to the wildlife present.

“I went to the wet meadow last weekend just to observe,” Contois said according to the recorded testimony. “I heard dozens of redwing blackbirds screaming at me, ‘Get out of here! We have nests here. This is our home.’”

Gomes is threatening to tell businesses to stay out of Claremont unless Contois is removed from the board. He said Contois claims to support businesses coming to the city, and yet spends his time trying to hamper the businesses already operating.

“You can’t be for business and then fight a business,” Gomes said.

Mayor Dale Girard said the council will be investigating the matter, and that the city’s attorney is being consulted. Contois is allowed to stand up for his beliefs and be an activist if he does not represent his actions as those of the council, Girard said.

“It’s a case where Mr. Contois was a private citizen and he wasn’t there representing the council,” Girard said. “I can’t speak to what he does on his personal time.”

Girard agreed that council members should not seek special treatment from police, but he is not sure if that is the case here. Girard said he is still gathering information on what happened.

Gomes said that when he was a police officer, if a local government official asked him to fix a ticket or something similar, that would have been out of line.

“That’s an abuse of power,” Gomes said.

Changing New Hampshire’s bail reform system, which critics say allows dangerous criminals to walk free, is a top priority for both Republican Gov. Chris Sununu and his Democratic challenger, state Sen. Tom Sherman, D-Rye. 

“There should be outrage and appetite for change,” Sununu told WMUR’s Adam Sexton this weekend.

Sununu signed a bail reform bill in his first term after being assured it would balance public safety and the goal of avoiding putting non-violent offenders in jail for minor offenses. Instead, critics say, serious criminals are being released and reoffending.

“I signed it because it had the support of law enforcement,” Sununu said. “I said ‘Will this work?’ Everyone believed it would be OK, so we signed it. But we all see what was happening.”

Sununu was referencing the August murder of an elderly Manchester man by a suspect who had been arrested twice in the weeks leading up to the stabbing.

Manchester resident Daniel Whitmore, 75, was found with multiple stab wounds on a walking trail near Bradley Street in August. The suspect in the murder, homeless man Raymond Moore, 40, had been arrested twice last summer. Once in July in Nashua for resisting arrest and disorderly conduct, and again in August for another apparent stabbing incident. He was released from custody, and without bail, in both cases.

Manchester’s Democratic Mayor Joyce Craig took to Twitter to decry the state’s lenient bail system.

“Our criminal justice system cannot continue releasing violent offenders back onto our streets. I, once again, urge our legislators to act quickly and address this issue. The safety of our residents is at stake,” Craig said.

During his own WMUR appearance last weekend, Sherman also voiced support for changing New Hampshire’s bail laws to keep violent suspects locked up.

“Do I support rebalancing bail reform? Absolutely. Do I support protecting people from violent criminals? I always have,” Sherman said.

Sherman and Sununu supported the effort this year to change bail laws, but that proposal died in the legislature when the House voted it down. The bill lost support largely from Democratic members. Sherman said too many people did not seem to understand how the bill would work.

“The solution is we have to recognize — whatever we do for bail reform, we have to make sure the system will support it,” Sherman said. “That was the problem. The system did not support, with adequate scrutiny, who was being released and who was not.”

Sununu blames the left, especially progressive organizations like New Hampshire’s ACLU, for blocking the bail reform effort.

“You have the ACLU, these extreme left-wing groups that say they do not want to change anything,” Sununu said. “You have individuals that get arrested, they are getting out before the cop that arrested them has done the paperwork. It is messed up,” Sununu said.

New Hampshire’s ACLU claims the bail laws allowing more people to be released from custody has made New Hampshire safer. They say instead of finding ways to keep more violent suspects locked up, the legsilators should fund more community needs.

“Lawmakers should focus our limited tax dollars on investments that will actually make our communities safer and more just, like housing, transportation, and mental health and substance use treatment,” the ACLU stated earlier this year. “Pretrial detention has a devastating human toll. Even for a short period of time, it increases the likelihood of innocent people pleading guilty to a crime, loss of employment, income, and housing, and traumatic family disruption.”

The conservative Americans for Prosperity also opposed this year’s bail reform efforts, but it does support changes to the law. Ross Connolly, AFP’s deputy state director, said the organization wants to see bail commissioners replaced with magistrate judges when it comes to deciding who can be released and who needs to stay locked up.

“Pre-trial detention is a balance between public safety and the presumption of innocence,” Connolly said. “We understand the concerns with bail, and there is a way to address the issue without throwing out individual rights. Replacing bail commissioners with a magistrate system is a fix that all sides can get behind.  A magistrate system will improve public safety, will pass the legislature, and will cost Granite State taxpayers less than other proposals.” 

Dianna Ruddman was sitting in her car in a church parking lot in Enfield, N.H. when she was busted for DUI in 2020. The engine was running but the car was not moving. So she took the case to the New Hampshire Supreme Court.

And she won.

The court reversed her guilty verdict, not because of what she was doing, but where she was.

“These facts are sufficient for us to determine that, as a matter of law, the church parking lot does not meet the definition of ‘way’ within paragraph I. See RSA 259:125, I.,” the majority wrote in their ruling released Wednesday.

“I’m thrilled about it to be quite frank,” said Ryan Russman, a defense attorney who specializes in DUI cases.

Ruddman was seen by a police officer removing a bottle of alcohol from the trunk of her car and then getting behind the driver’s seat with the engine running, according to court records. Ruddman told the office she planned to stay in the parking lot until she sobered up, but she would call for a ride if need be. Instead, she was arrested and the Department of Safety suspended her license for six months.

During a subsequent hearing before the Department of Safety in June 2020, Ruddman allowed that the arresting officer had reasonable grounds to believe she was intoxicated. However, she argued the officer did not have reasonable grounds to believe that she was in control of a vehicle “upon the ways of this state,” as is stipulated in RSA 265-A:31, II(a). 

“She argued that the church parking lot where she was arrested is not a “way” within the meaning of (the law)” the ruling states.

In a dissenting opinion, Justice Barbara Hantz Marconi writes the legislature may want to act to close the DUI loophole that allows drunk parking on private property.

“In light of the majority’s opinion, the legislature may wish to clarify its intent that the expanded definition of ‘way’ in RSA 259:125,” Marconi wrote.

Russman said he hears from clients all the time that they have been arrested for DUI even though they were not driving. He hopes the ruling means police will allow for people to do the sensible thing and pull over if they have had too much to drink, without risking getting arrested.

“The law punishes people when they’ve potentially made the decision when they should not be driving,” Russman said. 

Len Harden, another defense attorney who works with many DUI clients, said people can park on the side of the road in order to sober up, but they need to be in the passenger seat or back seat while they wait.

“If they’re in the driver’s seat, they’re (in trouble)” Harden said.

Under the law, an intoxicated person behind the wheel of a parked car that is on the side of a road or in a parking lot with public access can be charged with DUI, even if their intent is to sober up or wait for a ride.

Pat Sullivan, with the New Hampshire Chiefs of Police Association, said law officers are in a difficult position when they encounter an intoxicated person in those situations. If the officer leaves them be, the driver might get into an accident or suffer carbon monoxide poisoning from the car’s exhaust. 

Russman says he suspects the legislature will act to close the loophole, but he believes police need to have more options when dealing with possibly intoxicated drivers who are trying to do the right thing. Sullivan agreed, saying officers need to have the ability to use more discretion, he said.

“It’s one of those things, we’re all about public safety. It could be better to take that person into protective custody and release them to a sober individual if possible.

In a rebuke to progressive activists and the Black Lives Matter organization, 64 House Democrats broke with their party to back a GOP measure tightening bail restrictions. The bill is designed to repair the 2018 bail reform bill passed with a bipartisan majority and signed with much fanfare by GOP Gov. Chris Sununu.

Since then, the politics of the crime issue have changed, as Democrats have fled from the “Defund the Police” and decarceration policies their party once touted.

The rollback bill, HB 1476, limits the ability to release repeat offenders on “personal recognizance,” and requires more offenders to face a judge instead of a bail commissioner. It also cuts the maximum time an arrestee can be held without seeing a judge from 72 hours to 36. 

The bill passed the House in 199-134 vote. Republicans were 135-40 in favor, while Democrats split 64-92 against.

Bill sponsor Rep. Ross Berry (R-Manchester) said the legislation leaves much of the 2018 bail reform in place while addressing the issue of repeat offenders who commit crimes while free on bail.

“This is the culmination of bipartisan effort over the last six months to address bail reform,” Berry said before Tuesday’s vote.

Crime rates across the U.S. have surged over the past two years and, while New Hampshire remains the safest state in the country, there has been an uptick in crime here, particularly in cities. Property crime in Manchester has gone up 10 percent in the past year, for example, and even Democratic Mayor Joyce Craig was on board with reforming the reform.

Craig has told NHPR repeat offenders and violent suspects should not get released on personal recognizance bail.

“However, those causing risk to our community and violent offenders should have bail restrictions imposed and should not be released on PR bail,” Craig said.

“I don’t always agree with my mayor, but we agree on this,” Berry said. “Manchester is done waiting.”

Opponents of the bill fell into two groups: Libertarian-leaning Republicans who want to limit government power as part of their ideology; and progressive Democrats who argued New Hampshire’s racist system unfairly punishes people of color.

Rep. Andrew Bouldin (D-Manchester) said changing bail reform would hurt drug addicts, homeless people, the poor, and minorities. He said amending the 2018 bill to hold repeat offenders would return the state to a system where the wealthy pay to get out of jail and the poor are stuck there.

Rep. Linda Harriott-Gathright (D-Nashua) repeated claims from Black Lives Matter leaders Ronelle Tshiela and Clifton West that police in New Hampshire are racist. According to Harriott-Gathright, changing the bail reform will lead to discrimination and mass incarceration.

“New Hampshire’s criminal laws are enforced with a staggering racial bias,” she said.

Crime data show Black Americans are arrested at approximately the same rate as the crime they commit.

In the past, Democratic leadership would be expected to “whip” the votes and keep more of their members in line. But with the passing of Minority Leader Renny Cushing, Democrats are left with Acting Minority Leader David Cote (D-Nashua), who has yet to attend a House session since COVID-19 struck and hasn’t cast a vote since 2020.

With no-show leadership, the notoriously unified Democratic caucus collapsed into factions.

Outspoken House progressives like Reps. Sue Mullen (D-Bedford), Manny Espitia (D-Nashua), and Tony Labranche (I-Amherst) voted against the bill. Traditional liberals like Rep. Casey Conley (D-Dover) and Peter Leishman (D-Peterborough) voted with the GOP.

Conley argued the issue of repeat offenders needs to be addressed. “It’s not just a Manchester problem,” he said.

Rep. Patrick Long (D-Manchester) backed the bill, saying he hears from too many residents who are getting their cars and homes broken into by the same people.

“I get the police reports and the same people are being arrested again for the same crime,” he said.

One notorious case involves Nashua resident Jency Diaz, who in December of 2020 was released on bail after a domestic violence arrest and then proceeded to return to his apartment and “punched, slapped, head-butted and whipped” the victim, leaving her with a broken nose.

Activists rejected those arguments.

“This is a harmful step that would disproportionately impact and harm Black people in New Hampshire,” the ACLU-NH said after the vote.

And Tshiela had this ominous warning for Democrats who broke ranks: “I do want to remind those who voted in favor of this bill that only supporting racial justice when it’s politically expedient does not fare too well when people remember where you stood in times like this.”

On the libertarian side, Americans for Prosperity-New Hampshire opposes the bill, claiming it “disregards our fundamental legal framework and ignores defendants’ rights, creates confusion with conflicting language, and would result in more backlog for our already strained judicial system.”

The bill passed by the House on Tuesday isn’t the only proposed change. A similar bill sponsored by Sen. Jeb Bradley (R-Wolfeboro) recently passed the Senate with a 20-4 majority. Sununu, who signed the original bail reform bill in 2018, backs the changes saying there are too many unintended consequences from the first reform.

Superior Court Judge David Ruoff ruled against two Manchester police officers injured in a 2016 shooting in a lawsuit the officers brought against a Derry gun store.

“This is absolutely a great day for gun rights in New Hampshire,” said Sean List, the attorney for Chester Arms in Derry.

Manchester officers Ryan Hardy and Matthew O’Connor were reportedly shot by Ian Macpherson in May 2016 when they tried to question him about a gas station armed robbery. Hardy was shot in the face and torso; O’Connor was treated for a gunshot wound to the leg, according to the Associated Press. Both officers have since returned to active duty.

The officers brought a lawsuit against Chester Arms, the store where MacPherson bought his .40 caliber Smith and Wesson. They also sued the New Hampshire Department of Safety, claiming that the mentally ill MacPherson, who has a history of domestic violence, should never have been sold the gun in the first place.

Ruoff ruled in a summary judgment order that O’Connor and Hardy would not have prevailed if the case had gone to trial because both the store and the Department of Safety followed current law. List said it is possible the pair will appeal to the New Hampshire Supreme Court, but he’s unconcerned about the prospect.

“We feel very confident that if it is appealed, the Supreme Court will find judge Ruoff’s order is correct,” List said.

Stephen Gutowski, editor of The Reload, the nation’s leading journal on gun issues, tells NHJournal he sees the Chester Arms case in a larger, national context.

“This case is part of a broader decades-long strategy by gun-control advocates to hold gun makers and retailers liable for gun crimes they aren’t directly implicated in. It’s not surprising they fell short here. However, the loss is unlikely to deter advocates from pursuing more cases like this moving forward,” Gutowski said.

Representatives for the Manchester Police Department declined to comment, and Mayor Joyce Craig’s office did not respond to a request for comment. Mark Morrissette, the attorney representing O’Conner and Hardy, told NHPR he wanted the case to force New Hampshire to start following federal law on background checks.

MacPherson ended up pleading not guilty by reason of insanity in 2018. He was ordered to serve five years in the New Hampshire State Psychiatric Hospital.

MacPherson was initially unable to purchase the gun when he went to Chester Arms in March 2016. The store employee contacted the state’s “gun check line,” run by the Department of Safety, for a background check on him. The gun line told the store that MacPherson’s status was “delayed” for further investigation, according to Ruoff’s order.

The gun line investigation found MacPherson’s domestic violence cases did not trigger any legal prohibition that would prevent him from owning a firearm. The gun line employees were also unable to verify his mental health condition, according to the order.

While that information was given to the Department of Safety and the Gun Line, the state never told Chester Arms not to sell MacPherson the gun.

The gun line investigation found the relationships to the victims in MacPherson’s domestic violence cases, those convictions did meet the legal definition of a violation that would prevent him from owning a firearm. The gun line employees were also unable to verify his mental health condition, according to the order.

The store followed the law by waiting three business days to hear back from the gun line. After not being contacted by the state, the store allowed MacPherson to buy the gun, according to Ruoff’s order. MacPherson’s gun line status continued to stay “delayed” for the weeks he owned the gun and did not change until after he shot the officers.

“The gun line continued the delay status on Mr. MacPherson’s transaction until the day he was indicted for the shooting, at which point the gun line changed the status to denied,” Ruoff wrote. 

List said gun dealers have immunity when they sell guns so long as they do not commit felonies during the course of an individual gun sale. 

Morrissette told NHPR that even though the store and the Department of Safety followed the rules, the laws should not allow someone like MacPherson to purchase a gun. The lawsuit wanted to have the laws protecting dealers ruled unconstitutional.

“It is not an effort to undermine the Second Amendment. There are laws in place that limit the purchase or possession of weapons, or at least to have someone look at this in a deliberate fashion to make sure that people are not unreasonably harmed,” Morrissette said. “The laws were there. The guidelines were there and they should be looked at. I think at the end of the day, in this case, Mr. MacPherson was a tormented person without overstating it in any way. And to believe that he was rightly given a weapon just runs counter to common sense and it runs counter to the law.”

Ruoff found that the laws protecting Chester Arms serve to protect the right to bear arms. 

Late Friday, progressive Democrat Rep. Manny Espitia (D-Nashua) issued a quasi-apology for his suggestion that Black men are in danger when they engage with State House security officers.

“A statement I recently made in which I referenced the “heightened dangers Black men face in this country in the presence of law enforcement” has been misrepresented in a news article to imply that I was calling the integrity of our Protective Services personnel into question,” Espitia wrote to his House colleagues.

“I apologize for not choosing my words more carefully, and I appreciate you providing me the opportunity to make this important clarification,” Espitia said.

On Thursday night, Espitia issues a statement condemning Manchester Democrat Nicole Klein Knight, who has been the center of a maelstrom this week after reportedly using the “n-word” in a confrontation with Democratic activist Jonah Wheeler, who is Black.

In his statement, Espitia — who is also head of the New Hampshire Young Democrats — denounced Klein Knight’s language and announced his organization was withdrawing its endorsement. He also suggested her behavior wasn’t merely racist, but potentially dangerous.

“Rep. Klein Knight represents one of the most racially diverse districts in the state and should therefore feel an even greater responsibility to uplift Black, Brown, and Indigenous voices. Instead, she engaged in degrading, bigoted behavior against a young Black man, eventually calling security on him, despite being fully cognizant of the heightened dangers Black men face in this country in the presence of law enforcement,” Espitia wrote.

Republican legislators immediately reacted to Espitia’s suggestion that State House officers posed a danger to Wheeler or anyone else.

“A statement attributed to one of our House colleagues appeared in a news article today that one could view as calling into question the integrity of our Protective Services personnel,” Speaker of the House Sherman Packard (R-Londonderry) wrote in an email to House members. “To be clear, General Court Protective Services provides unbiased security services to legislators, staff, and the public. They serve every legislator, staff person, and member of the public equally, fairly, and with the utmost professionalism.

“The leadership of Protective Services holds their officers to very high standards and we have a high level of confidence in each of them,” Packard added. “We are lucky to have them.”

Mark Morrison, a former president of the New Hampshire Police Association and a member of Gov. Chris Sununu’s Law Enforcement Accountability and Community and Transparency Commission, told NHJournal that Granite State police officers do a good job of protecting everyone, including minorities. He said it is simply not true that people of color in New Hampshire are less safe around police.

“I feel very confident that all (law enforcement) agencies in New Hampshire really work to make sure that that type of treatment does not happen to anybody,” Morrison said. “I do not believe there is any systematic discrimination that takes place with any New Hampshire agency.”

Espitia is a leader of the progressive wing of the New Hampshire Democratic Party and, Republicans were quick to note his comment echoes the “Defund the Police” movement backed by many progressives, including the New Hampshire ACLU and the Black Lives Matter organization. The push to defund police departments is widely seen as hurting Democrats at the ballot box.

Espitia did not respond to a request for comment.

Rep. Doug Trottier (R-Belmont) says he thinks Protective Services “do a good job.”

“No matter what color, race, anybody, I don’t think that puts anybody in safety concerns. For the most part, everybody is treated equally,” Trottier said.