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Democrat Jeff Woodburn’s journey from state Senate Minority Leader with his eye on the Corner Office in Concord to convicted petty criminal came to a close Wednesday when the Coos County politician was carted off to jail.

Woodburn appeared before Grafton Superior Court Judge Lawrence MacLeod after the state Supreme Court rejected his last appeal to avoid serving jail time. MacLeod denied defense attorney Mark Sisti’s request to suspend the two 30-day jail terms, and his request to stay the sentence for another appeal. 

MacLeod said the sentences for the two criminal mischief convictions are appropriate based on Woodburn’s violent behavior.

“I’m not going to second guess that,” MacLeod said.

Sisti then tried a last-ditch argument to keep Woodburn out of jail, saying his client had already been punished enough.

“The expense of litigation has been backbreaking, his reputation has been attacked for years, and the impact on him cannot be measured,” Sisti said in his motion for a suspended sentence.

Sending Woodburn to jail is unjust, and serves no purpose, especially in light of the dozens of similar cases Sisti cites that resulted in no incarceration, he argued.

“The real question is: why is Jeff being singled out for incarceration when many others, some as high profile or higher profile than he is, receiving suspended sentences for offenses as bad or worse than his,” Sisti wrote.

Sisti claimed in court on Wednesday that Woodburn is being singled out and given an unfair sentence by prosecutors angry that he went to trial and appealed his domestic violence and simple assault convictions and won.

“You’re looking at the living, breathing personification of a trial penalty. He had the audacity to go to trial,” Sisti said.

But Senior Assistant Attorney General Joshua Speicher rejected that argument, saying it’s Woodburn who is trying to upend justice and get special treatment. Speicher called Sisti’s argument an “11th-hour Hail Mary.”

“Although he claims that he is the victim of unfair punishment, what the defendant actually asks of this court is special treatment that is unavailable to other defendants,” Speicher wrote. “The defendant is not special, and does not deserve special treatment. He stands before this court as a convicted criminal who has been sentenced to serve stand committed time, and has exhausted all rights to appeal.”

Woodburn’s political career crashed in 2018 when he was charged with assaulting his former girlfriend in a domestic abuse case. Woodburn had been grooming the woman to be his first lady when he ran for governor, according to court records.

The case against Woodburn has dragged on for seven years, with the former state senator getting his 2021 convictions for simple assault and domestic abuse overturned by appealing to the state Supreme Court.

A second trial on the assault charges ended with a hung jury earlier this year, and New Hampshire Attorney General John Formella opted to drop the case rather than go for a third trial. That left just the two criminal mischief convictions, which the Supreme Court refused to reconsider. 

According to court records, Woodburn bit the woman during a December 2017 argument as she drove him home from a party. An intoxicated Woodburn demanded to be let out of the car and planned to call a friend for a ride. When the woman reached to take his phone, he allegedly bit her hand, according to the allegations.

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

As for the criminal mischief, Woodburn kicked in the door to the woman’s house and she refused to let him inside about a week after the fight in the car, according to court records. Earlier that year, in August 2017, he reportedly kicked her clothes dryer, breaking the appliance, according to court records. 

Amanda Grady Sexton with the New Hampshire Coalition Against Domestic and Sexual Violence, said today’s hearing represents accountability, finally, for Woodburn.

“Former Senator Woodburn will begin serving his jail sentence today, despite repeated efforts to avoid accountability—even after being found guilty by a jury of his peers. We commend the bravery of the survivor, and hope this outcome brings some sense of closure after nearly 7 years,” Grady Sexton said.

Former Democratic State Senate Minority Leader Jeffrey Woodburn is about to check in at the crowbar motel as Coos Superior Court Judge Peter Bornstein rejected what could be his final attempt to stay free.

On Thursday, Bornstein ordered Woodburn to appear in court for a sentencing imposition hearing. That hearing is to be set for the earliest possible date, according to the order. 

Woodburn urged his looming 30-day jail sentence on two convictions for criminal mischief be changed to a suspended sentence. But Bornstein rejected Woodburn’s recent motion to avoid jail, saying there are no facts in dispute.

“[E]ven if the Court was to consider the defendant’s request for sentence modification on the merits, it would deny same because his criminal mischief sentences reflected all relevant facts and circumstances and appropriately balanced and promoted the goals of sentencing,” Bornstein wrote.

Attorney General John Formella praised the ruling.

“The original sentences imposed on Mr. Woodburn for criminal mischief were carefully considered and were consistent with the facts and circumstances of the case. This outcome reflects our commitment to upholding the rule of law and ensuring that all convictions are addressed in a manner that respects both the victims and the integrity of the judicial process,” Formella said.

Woodburn’s political career crashed in 2018 when he was charged with assaulting his former girlfriend in the domestic abuse case. He fought the case for seven years and managed to overturn 2021 convictions for simple assault and domestic abuse by appealing to the state Supreme Court.

A second trial on the assault charges ended with a hung jury earlier this year. New Hampshire Attorney General John Formella opted to drop the case rather than go for a third trial. That left just the two criminal mischief convictions, which the Supreme Court refused to reconsider. 

According to court records, Woodburn bit the woman during a December 2017 argument as she was driving him back from a party. An intoxicated Woodburn demanded to be let out of the car, and he planned to call a friend for a ride. When the woman reached to take his phone, he allegedly bit her hand, according to the allegations.

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

As for the criminal mischief, Woodburn kicked the door to the woman’s house and she refused to let him inside about a week after the fight in the car, according to court records. Earlier that year, in August 2017, he reportedly kicked her clothes dryer, breaking the appliance, according to court records. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

According to court records, Woodburn bit the woman during a December 2017 argument as she was driving him back from a party. An intoxicated Woodburn demanded to be let out of the car, and planned to call a friend for a ride. When the woman reached to take his phone, he allegedly bit her hand, according to the allegations.

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

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.

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.

According to his attorney, jurors should be ordered to consider biting as self-defense when they deliberate the simple assault and domestic abuse charges against Jeffrey Woodburn.

The disgraced Democratic former state Senate Minority Leader is gearing up for his second trial on allegations he assaulted his former girlfriend on multiple occasions. His arrest six years ago resulted in a trial, conviction, and multiple appeals — not to mention the end of his political career. 

Woodburn continues to fight the charges.

The Coos County Democrat was convicted in 2022, but the state Supreme Court tossed those convictions last year because he was originally barred from making the case he acted in self-defense. That sent the case back to Coos Superior Court for a new trial.

Woodburn’s attorney, Mark Sisti, filed his version of proposed jury instructions ahead of the sequel trial slated to start next week. The jury instructions make it clear Woodburn will try to justify his use of physical violence against his former girlfriend.

“A person has the right to utilize non-deadly force when he can reasonably believe that such force is necessary in order to defend himself. In this case, Jeffrey Woodburn asserts that his act of physical contact, including biting the alleged victim, was necessary as he reasonably believed that the complainant posed an imminent threat of restraining him from exiting the car,” according to the Woodburn defense documents.

According to court records, Woodburn bit the woman during a December 2017 argument as she was driving him back from a party. An intoxicated Woodburn demanded to be let out of the car, and he planned to call a friend for a ride. When the woman reached to take his phone, he allegedly bit her hand, according to the allegations.

While Woodburn was not able to cast blame on the victim at his original trial, the Supreme Court’s ruling means he can now claim the woman’s past aggressiveness when dealing with him, usually when he was intoxicated, to justify his actions. 

According to the proposed jury instructions, Woodburn will argue he was acting out of the “heat of passion” and shouldn’t be judged with hindsight.

“In deciding whether the defendant acted in self-defense, you should consider all of the circumstances surrounding the incident. You should consider how the defendant acted under the circumstances as they were presented to him at the time and not necessarily as they appear upon detached reflection. You should consider whether the defendant’s belief that it was necessary to use non-deadly force was reasonable when he acted in the heat of passion,” the proposed instructions state.

It will ultimately be up to a jury to decide if Woodburn’s self-defense claims are enough to keep him from consequences. His related convictions on charges of criminal mischief were upheld on appeal, but Woodburn has yet to serve any jail time as the 30-day sentences were stayed pending the new trial.

According to court records, Woodburn kicked the door to the woman’s house and she refused to let him inside about a week after the fight in the car. Earlier that year, in August 2017, he reportedly kicked her clothes dryer, breaking the appliance, according to court records.

Woodburn’s tenacity in fighting the charges is similar to his scramble to stay in politics after his arrest in the summer of 2018. Despite calls from state Democrats to resign, Woodburn ran for reelection and won the primary in September 2018. He went on to lose the general election that November.

Coos Superior Court Judge Peter Bornstein rejected a last-minute attempt to delay former state Senate Democratic Leader Jeff Woodburn’s second domestic abuse trial.

Woodburn’s attorney, Mark Sisti, asked for a delay weeks before the March 12 trial is set to start so that he could attend to his duties as the Gilmanton Town Moderator. Gilmanton’s annual town elections are also slated for March 12.

In his order denying the delay request, Bornstein wrote Sisti knew about the conflict for several months and should have said something earlier. He wrote that Sisti’s “eleventh-hour” request fails to show any good cause for rescheduling.

“Defense counsel likely knew or should have known at least eight months ago that the 2024 Gilmanton town meeting was scheduled for March 12, 2024, inasmuch as the date of annual town meetings in New Hampshire is prescribed by statute,” Bornstein wrote.

As moderator, Sisti is required to oversee elections in Gilmanton, and to make sure the vote totals are certified after polls close. While New Hampshire law allows a moderator to appoint a substitute moderator, Sisti would not tell NHJournal how he planned to cover the trial and the election.

“Of course, I will be at the trial,” Sisti said in an email response to NHJournal. “I have already taken care of the election situation…all is fine.”

Gilmanton Town Clerk Elise Smith told NHJournal it is her understanding that Sisti will open the polls at 7 a.m., then take a “long lunch” before coming back in time to oversee the end of the vote. Sisti is a top attorney in New Hampshire, and Election Day conflicts have happened before.

“This is not the first time this has happened with Moderator Mark Sisti,” Smith said.

Now that Sisti is prepared to pull double duty on March 12, the way is clear for Woodburn to finally return to court for his second trial on the simple assault and domestic violence charges.

Woodburn was originally charged in August 2018 while he served as Minority Leader in the state Senate. He ignored months of pressure to resign and won the 2018 Democratic primary even as the charges swirled. Woodburn went on to lose the general election to an obscure Republican opponent.

Woodburn was convicted in 2021 after a trial, but those convictions were overturned last year by the New Hampshire Supreme Court.

The state Supreme Court ruled Woodburn was entitled to a new trial because he was not allowed to use a self-defense argument in the original proceedings.

The simple assault and domestic violence convictions stem from Woodburn’s violent actions against a woman he was romantically involved with at the time. According to court records, Woodburn struggled over a phone, and he bit her hand. In another incident on Christmas Eve 2017, Woodburn kicked the door of the woman’s house when she refused to let him enter. He had previously kicked her clothes dryer, breaking the appliance.

Woodburn was also convicted in 2021 on two counts of criminal mischief in the same case. He’s facing 30 days in jail on those convictions. He is currently free, pending another appeal. 

Disgraced former State Sen. Jeffrey Woodburn is not being allowed to introduce evidence that he claims shows the alleged victim had a history of causing the kind of fights that led to his alleged crimes.

Woodburn, once one of the highest-ranking elected Democrats in state government, continues to fight hard against the domestic violence charges that have hung over him since his 2018 arrest. He is heading for a new trial on one count of domestic violence and one count of simple assault after the New Hampshire Supreme Court ruled he was denied the ability to argue self-defense.

On Friday, Coos Superior Court Judge Peter Bornstein denied Woodburn’s request to introduce evidence of prior instances that “physically interfered with his attempts to avoid conflict.”

Woodburn’s attorney, Mark Sisti, filed a motion to allow this evidence, even though it detailed incidents that predate the alleged violence for which he had originally been convicted. 

“Testimony concerning Jeff Woodburn’s prior attempts to avoid conflict and the alleged victim’s behavior about those attempts are admissible and relevant to his mental state at the time of this alleged offense,” Sisti wrote.

Assistant Attorney General Zachary Wolfe’s objection pointed out Sisti and Woodburn supply no details about this “vague, amorphous” evidence, making it impossible to counter in court or even prove they actually happened.

“The defendant’s motion fails to identify not only the specific instances of conduct he wishes to introduce, but also any specific legal grounds justifying his request,” Wolfe wrote.

While the Supreme Court ruled Woodburn can use evidence demonstrating his claim of self-defense for the actions covered in the trial, Bornstein wrote in his order that it does not open the door for what is essentially the unspecified evidence Woodburn is claiming.

“Among other things, the defendant has not identified any of the alleged victim’s prior acts as to which he seeks to introduce evidence or the approximate date(s) on which he alleges occurred,” Bornstein wrote. 

The simple assault and domestic violence convictions stem from Woodburn’s violent 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, 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 earlier that year, breaking the appliance, according to court records.

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

Woodburn’s new trial on the two charges is slated for next year. The North Country Democrat has already been convicted on two counts of criminal mischief and is facing 30 days in jail. He is also free while he appeals Bornstein’s August ruling denying a new trial on these charges.

Woodburn is just one of several Granite State Democrats embroiled in legal scandals. Strafford County Sheriff Mark Brave is on paid leave and facing charges of stealing tax dollars to pay for trysts with a series of paramours. Former state Rep. Stacie Laughton (D-Nashua) is in jail awaiting trial on child pornography charges. And two-time Democratic candidate for governor, former Portsmouth Mayor Steve Marchand, has just been called out for a second time by the state attorney general over illegal campaign tactics he used in local political races.

In addition, both U.S. Sen. Maggie Hassan (D) and the state Democratic Party are still holding on to cash donated to them by notorious fraudster Sam Bankman-Fried after he allegedly stole it from clients. Hassan and the NHDP were two of the top recipients of the more than $100 million in political campaign contributions federal prosecutors say Bankman-Fried made before the 2022 midterm elections.