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Prosecutors did not hide evidence by failing to ask New Hampshire Lottery Executive Director Charles McIntyre about calling Concord Casino owner Andy Sanborn a “lying sack of trash.”

Sanborn faces criminal charges for allegedly filing false financial information in order to get COVID relief money. He’s also fighting the state in court over the forced sale of his casino. His lawyers wanted to depose McIntyre, as well as Director of Taxpayer Services Lisa Crowley, claiming the state failed to pursue questions that could clear Sanborn during their separate interviews with investigators.  

Merrimack Superior Court Judge John Kissinger recently ruled that Sanborn’s defense lawyers are free to ask their own questions during witness testimony at trial, but they don’t have the right to get either McInTyre or Crowley to sit for sworn depositions. McIntyre expressed a personal animus toward Sanborn during his interview with investigators, which defense lawyers claim demonstrates a potentially disqualifying bias.

But Kissinger wrote in his order that Sanborn likely already knows if McIntyre does not like him as a person, and prosecutors are not responsible for plumbing the depths of their relationship.

“To the extent, for example, that the defendants seek to explore Mr. McIntyre’s alleged animus toward Mr. Sanborn, the Court finds that whatever animus exists is known to Mr. Sanborn and may be properly addressed in cross-examination,” Kissinger wrote.

Prosecutors have already had their knuckles rapped by Kissinger after he found they violated attorney-client privilege when executing a search warrant last year. 

“The Court finds that the NHAG exhibited gross negligence at several points throughout its execution of the warrant and subsequent taint review of the seized material that rises to the level of prosecutorial misconduct,” Kissinger wrote in January.

Assistant Attorney General David Lovejoy and forensic accountant Don Swanson were both kicked off the case by Kissinger as a result.

McIntyre’s January 2024 interview with members of the New Hampshire Attorney General’s Office included numerous anecdotes about Sanborn’s behavior and truthfulness. In one answer, McIntyre told investigators the Lottery Commission had long dealt with Sanborn’s non-compliance when it came to following audit and cash management regulations. For his part, Sanborn blamed the Lottery Commission for holding back his business, McIntyre said.

“I mean, certainly first the cash management, and then the expansion, where he basically lied to us and said: ‘Oh, you’re the last thing holding us up.’ And then I find out he didn’t get approval for his fire sprinkler system yet. It’s like: ‘You lying sack of trash.’ Like (sigh). Yeah, so, correct. It was, it was a constant catching up with him,” McIntyre said in the transcript.

McIntyre painted Sanborn as a difficult person who tried to bully his way through licensing procedures and audits with the Lottery Commission. He was constantly trying to get around the process by essentially calling ‘the manager,’ McIntyre said, including McIntyre’s own cell phone.

“I made the mistake of giving it to him, and I regretted it from that moment until I stopped answering his phone calls,” McIntyre said.

Sanborn even tried to use supposed political allies like House Speaker Sherman Packard (R-Londonderry) and former Gov. Chris Sununu to weigh in on his behalf, to no avail, McIntyre said.

“It was, like: ‘Oh, we’re going to bring the speaker in, you’re going to get yelled at.’ And the Speaker never said anything, he never said ‘You need to do this, you need to do this.’ (Packard) never once did. And Sununu, the same way. I don’t, like I said, I don’t want to waive a privilege, but he never asked me for any — to do anything for them,” McIntyre told the investigators.

Sanborn is a former Republican state senator whose career highlights include a failed bid for the GOP nomination in the First Congressional District in 2018. While a state senator for Bedford, Sanborn was investigated for alleged sexual harassment of a Senate intern in 2013, though he maintains it was a misunderstanding about a crude joke.

After all his lies, his cheating, and his criminal convictions, former Strafford County Sheriff Mark Brave was still trying to game the system on Monday as he received his 3.5 to 7-year prison sentence.

Brave, who turns 40 later this month, was a rising star in the Democratic Party after becoming both New Hampshire’s youngest sheriff and first elected Black sheriff in 2020. His career crashed and burned after he was caught stealing close to $20,000 in taxpayer money to fund a series of extramarital affairs.

He compounded his crimes by lying to a grand jury about his actions, which led to his prison sentence from Strafford Superior Court Judge Daniel St. Hilaire.

Former Strafford County Sheriff Mark Brave enters court for his sentencing at Strafford County Superior Court in Dover, N.H., on May 19, 2025. POOL DAVID LANE/UNION LEADER

Rather than accept his sentencing, however, Brave once again tried to delay the inevitable by telling the judge he needed an extra day to make arrangements for his teenage daughter.

And once again, it didn’t work.

“You should have planned for today,” St. Hilaire said, reminding Brave he had 90 days between his plea hearing in February and Monday’s sentencing to get his life in order.

Brave is now heading to prison to serve his time for one count of felony perjury, with the other perjury sentence of 3.5 to 7 years suspended.

St. Hilaire said the goal of the sentence is not primarily to punish Brave, or to get him rehabilitated, but to deter any other law enforcement officer or elected official from lying as Brave did. But as St. Hilaire said, Brave set a high bar for low behavior.

“Throughout this case, and even prior to you being charged, the court has reviewed a record that is unlike any that has come before it, mainly because of the continuation of crimes that were being committed while the case was proceeding,” St. Hilaire said. “You kept digging a hole for yourself rather than stopping.”

For example, Brave accused his fellow elected Strafford County Democrats of racism for pursuing an investigation into his actions — despite the overwhelming evidence of his wrongdoing.

One of those accused Democrats, County Commissioner George Maglaras, said he supports the prison time St. Hilaire imposed.

“It’s a sad day for Strafford County. I’m sorry we had to go through this. I’m happy to take the days of Mark Brave as sheriff of Strafford County and put them behind us,” Maglaras said.

Superior Court Justice Daniel St. Hilaire speaks at the sentencing hearing for former Strafford County Sheriff Mark Brave at Strafford County Superior Court in Dover, N.H., on May 19, 2025. POOL DAVID LANE/UNION LEADER

During the sentencing hearing, Brave told St. Hilaire that being elected sheriff was a dream come true for the one-time reserve police officer in Lawrence, Mass. But soon after his election, his marriage started to fall apart. He began a series of “poor choices” and used his county credit card to pay for his extramarital escapades.

“I stand before you, embarrassed and ashamed of my own conduct,” Brave said.

But St. Hilaire told Brave that if the crimes before him on Monday were just about the money, it is likely he would not be going to prison. Brave lied to investigators who started looking at his suspicious purchases and out-of-state trips. He lied before a grand jury several times. And after he was charged in 2023 and placed on personal recognizance bail, Brave lied to St. Hilaire and prosecutors about his residence and finances in order to get a free, public defender appointed to his case.

“The first few crimes charged, they were wrong, but it’s often the coverup that’s worse than the original crime,” St. Hilaire said.

Before the sentence was imposed, Assistant Attorney General Joe Fincham told St. Hilaire that Brave’s position as a law enforcement officer required a serious sentence.

“The public must know that if a law enforcement officer lies repeatedly, especially under oath, in order to obtain or avoid an indictment, in order to obtain or avoid conviction, there must be punishment for these actions. Because otherwise, there is no line protecting citizens,” Fincham said.

Lief Becker, Brave’s private attorney, asked for a maximum sentence on the two perjury counts, but urged that the sentences be suspended to allow Brave his freedom. Becker agrees that it is a serious breach of trust when a police officer lies, but Brave’s case is nuanced. He wasn’t lying as a police officer for police business. He was lying to cover up his liaisons and thefts.

“The significance of perjury can’t be understated. But Mr. Brave in his falsehoods was acting in his own self-interest as a criminal defendant,” Becker said.

Prosecutor Joe Fincham speaks at the sentencing hearing for Former Strafford County Sheriff Mark Brave at Strafford County Superior Court in Dover, N.H., on May 19, 2025.  POOL DAVID LANE/UNION LEADER

During his run as sheriff, Brave maxed out his county credit card, and then maxed the card controlled by Emergency Communications Director Justin Bellin. He created an $80,000 a year job for a female friend, Freezenia Veras, and then he took her to Florida for a fictitious consulting session with another law enforcement agency.

Brave wined and dined another woman, identified in court as “Y.F.,” and he told county officials those trips were either for a law enforcement conference or a charity, depending on who was asking. In front of the grand jury, Brave lied about taking Y.F. on a dinner cruise until confronted with photos of the couple together. When asked her name, Brave was stumped.

“Her name, her name is … um … Let me see, I forget which one this is. I’ve been dating a lot of people,” Brave testified before the grand jury.

He met another woman online, Kenisha Epps-Schmidt, and he traveled to Maryland to see her. Brave made up more fictitious justifications to use his county credit card for those trips as well, even making up a Washington D.C., and meeting with U.S. Rep. Chris Pappas. Eventually, Brave ripped off Epps-Schmidt for more than $2,000 in a used car deal. 

After being charged, Brave lied to St. Hilaire and violated his bail conditions by paying $52,000 on a year’s lease for an apartment in Massachusetts. His bail required that he remain living in New Hampshire, so Brave told the court he was still living in Dover with his ex-wife and that he was broke. He did not mention the apartment in Massachusetts, or the 1968 Porsche he bought. Brave did post photos and a video of the classic car, though. Fincham told the court that Brave also took trips to Florida and Puerto Rico while awaiting trial, again violating court order.

State Rep. Timothy Horrigan (D-Durham) was in court Monday and said afterward he is saddened by the whole saga. Brave was a candidate Horrigan and many others supported and believed in.

“I even had one of his campaign signs on my property,” Horrigan said.

Former Strafford County Sheriff Mark Brave earned at least seven years in prison for the multitude of lies he spun out to cover up his thefts and affairs, prosecutors say.

“The truthfulness of law enforcement officers, and the sanctity of their oath to tell the truth in official matters, is central to the concept of ordered liberty in the State of New Hampshire,” Assistant Attorney General Joe Fincham and Assistant Attorney General David Lovejoy wrote in a sentencing memorandum filed Monday.

Brave, New Hampshire’s first elected Black sheriff and a former rising star in the state Democratic Party, torched his career when he was caught stealing taxpayer money to fund multiple extramarital affairs. Brave was given multiple opportunities to show remorse and tell the truth, prosecutors say, but he chose his own path.

“Instead, during the investigation into the defendant’s conduct, the defendant publicly and repeatedly accused the State and other local government officials of conspiring to pervert justice and persecute the defendant without any factual or legal basis – motivated, the defendant claimed, by base political vendettas and racial biases,” Lovejoy and Fincham wrote.

“Throughout the investigation and prosecution, and in an effort to conceal his charged crimes and other frauds he perpetrated upon this Honorable Court, the defendant chose to repeatedly lie to the State, chose to repeatedly lie to the Strafford County Grand Jury, and chose to repeatedly lie to this Honorable Court – all in an effort to avoid and pervert the system of justice that he was sworn to uphold.”

Brave is scheduled to be sentenced this month in Strafford Superior Court on two felony counts of perjury, the only charges in his plea agreement yet to be resolved. Brave pleaded guilty in February to the perjury counts as well as charges of theft by deception, and falsifying physical evidence. 

The plea deal allows Brave to get suspended sentences for the theft and falsifying evidence convictions, but the perjury Brave committed during his testimony before a Grand Jury in 2023 is a different matter. Lovejoy and Fincham argue Brave knew what he was doing when he swore to tell the truth during that testimony.

“The defendant then spent approximately one hour and 45 minutes lying about virtually every aspect of his repeated thefts – sometimes repeating old lies, sometimes telling new ones, and sometimes attempting to reconcile differing lies. A complete accounting of all of the defendant’s material lies to the Grand Jury would be monumental. The aggregated lies in the five perjury indictments in this case provide just a sampling of the contempt for the truth, for the sanctity of the defendant’s oath, and for the authority and solemnity of the Strafford County Grand Jury that so permeated the defendant’s testimony,” they wrote.

Monday’s sentencing memorandum will likely inspire a response from Brave and his attorney, Leif Becker, ahead of the sentencing hearing. The state wants Brave to get 3.5 to 7 years in prison on each perjury conviction, and wants those sentences to run consecutively, not concurrently.

According to Lovejoy and Fincham, Brave is beyond hope of rehabilitation and needs prison to punish his lies, to restore public trust in law enforcement, and to discourage other public officials from following his example.

“The sentence in this case must aid to repair the damage done by the defendant’s crimes to the public perception of the integrity of the criminal justice system and government institutions generally, including assuring the public that law enforcement officials (and other individuals) are sufficiently deterred from undermining the integrity of proceedings by committing Perjury,” the prosecutors wrote.

There were at least three women Brave was romancing with taxpayer funds, according to court records. Monday’s filing makes clear his lies and fraud extended to his paramours. One woman, Kenisha Epp Schmidt, gave Brave $2,300 so he could help her buy a used car. But that deal followed the typical Brave playbook for money and relationships.

“She had given the defendant $2,300.00 to help with purchasing a new car because she trusted him at the time, but the defendant never delivered the car and always had excuses for why there was no car and why he could not give her the money back. Ultimately, Schmidt had to file a police report with the Dover Police Department concerning the defendant’s actions,” Fincham and Lovejoy wrote. 

Former Stafford County Sheriff Mark Brave has a date with destiny. His upcoming sentencing hearing will determine whether the lascivious lawman is locked up for his crimes.

Brave pleaded guilty last month to charges he stole $19,000 in taxpayer money to fund his extramarital escapades, maxing out his county-issued credit card to cover the costs of out-of-town travel to meet his illicit paramours. 

But the deal Brave struck with prosecutors to end the criminal case leaves open another possible trip on the taxpayer’s dime — up the river.

Brave could be sentenced to prison on perjury charges related to the theft. The hearing on whether or not Brave goes to prison is now set for May 19. 

Under the terms of his plea deal, Brave agreed to two suspended terms of three and a half to seven years on the theft and falsifying physical evidence convictions. But he still faces up to 14 years on the perjury charges. That sentence will be argued in court.

Other charges that Brave later lied to the court in Rockingham County are being dismissed as part of the deal. The disgraced lawman agreed to make $18,969 in restitution to Strafford County, surrender all his law enforcement certifications, never seek employment in law enforcement in any jurisdiction, be placed on a national registry of decertified police officers, and not contest his placement on New Hampshire’s Exculpatory Evidence Schedule. 

Brave, the Strafford County Democrat who became New Hampshire’s first Black sheriff, faced decades in prison after he got caught. He compounded his troubles by lying to investigators, the grand jury, the press, and the courts, according to court records.

Those lies have cost Brave his career in law enforcement, his marriage, and his political standing as a rising star in the state Democratic Party.

Love hurts.

Former Strafford County Sheriff Mark Brave pleaded guilty on Thursday to charges he stole $19,000 in taxpayer money to fund his extramarital affairs. It was part of a deal to avoid some prison time.

But the plea agreement Brave reached with prosecutors still leaves him facing up to 14 years behind bars on perjury charges.

Brave’s deal has him pleading guilty to felony charges of theft by deception, falsifying physical evidence, and perjury for lying to a grand jury. In exchange for the guilty pleas, Brave agreed to two suspended terms of three and a half to seven years on the theft and falsifying physical evidence convictions.

But the sentences on the two perjury convictions are still open. Brave faces seven to 14 years for lying to the grand jury. The deal terms leave the question of the perjury sentences for a judge to decide. The sentencing hearing will take place sometime in the next three months, with both defense and prosecutors presenting arguments.

The disgraced lawman agreed to make $18,969 in restitution to Strafford County, surrender all his law enforcement certifications, never seek employment in law enforcement in any jurisdiction, be placed on a national registry of decertified police officers, and not contest his placement on New Hampshire’s Exculpatory Evidence Schedule. 

As part of the deal, the charges based on Brave’s later lies to the court in Rockingham County are being dismissed.

Brave, the Strafford County Democrat who became New Hampshire’s first Black sheriff, faced decades in prison after he got caught maxing out his county credit card for amorous trips and romantic getaways. He compounded his troubles by lying. He lied to the grand jury, he lied to the press claiming he was the target of racial animus from the county commissioners, and he lied to the court.

According to Rockingham Superior Court records, Brave lied about his finances in order to score a free public defense attorney. At the time he was flush with cash from selling his Dover home. He had enough money to buy a classic 1968 Porsche and pay a year’s lease on an apartment in Massachusetts.

The out-of-state apartment was part of another lie to the court. Brave was under orders to stay in New Hampshire, but he had moved to Massachusetts soon after his divorce went through. All the time, he claimed to still be in New Hampshire.

In fact, Brave may have told one recorded truth throughout the saga when he was questioned in front of a grand jury by Allison Vachon, an investigator for the New Hampshire Attorney General’s Office. Confronted by surveillance video of himself and the woman he spent a romantic weekend with in Boston, including a harbor dinner cruise, the then-married Brave was unable to come up with her name.

“Her name, her name is … um … Let me see, I forget which one this is. I’ve been dating a lot of people,” Brave testified.

Brave reportedly used his county credit card for out-of-state trips involving multiple women. In many cases, he created a web of easily disproved lies to justify the trips.

Brave claimed many trips were connected to meetings and conferences hosted by an organization called the New England Sheriff’s Association. Vachon reported that despite Brave’s insistence the group is real, she could not find any proof that the New England Sheriff’s Association actually exists. 

In one instance, he went to Maryland on the pretense of meeting with U.S. Rep. Chris Pappas (D-N.H.). Brave told investigators that Pappas canceled the meeting at the last minute but gave the sheriff a flag that flew over the U.S. Capitol by way of apology.

Vachon called the congressman’s office and was told there was no scheduled meeting between Brave and Pappas. Instead, it turned out Brave was meeting with a Maryland woman he met online.

Brave’s once promising career in law enforcement may be coming to a close, but politics may be an option down the line. Brave will be eligible to run for state office again once he serves out his sentences. 

Strafford County’s race for sheriff provided Democrats with one of the few bright spots in Tuesday’s otherwise dismal election, as former North Hampton Police Chief Kathryn Mone became the first woman to win the office in county history.

Mone, who was ousted from North Hampton after her department arrested a woman for drinking beer in her own living room, is taking over for the last elected sheriff, alleged felon and fellow Democrat Mark Brave.

Mone told Foster’s Daily Democrat she’s ready to move the sheriff’s department and the community forward past Brave’s scandal.

“The staff there had nothing to do with what happened with Mark Brave, and I am disappointed that he continues to be a distraction to the good work done here. But, to that end, I want every resident in Strafford County to expect and demand full transparency from me. I want to help build trust again, and I need people to demand that of me,” Mone told the paper.

Mone says she wants to connect with the community and build relationships. Presumably, she’ll hope to avoid the management style that eventually led to her ouster in North Hampton.

“(Mone) would rather get sued for taking action than not,” one North Hampton officer told a Municipal Resources Incorporated (MRI) investigator hired by the town.

North Hampton agreed to pay resident Colleen Loud $150,000 in 2022 to avoid a lawsuit stemming from her 2018 arrest for drinking beer at home, alone, while watching a baseball game. Initially, Mone supported the arrest, according to the MRI investigation into the matter.

Loud was taken to jail and her home subjected to an illegal search by North Hampton officers who suspected she might be intoxicated. Police knocked on Loud’s door to ask if she had witnessed a car accident that occurred outside her Granite Drive home.

Arresting officer Sgt. Asa Johnson told investigators with MRI that 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’s tenure in North Hampton ended in the spring of 2023 after a disagreement with selectmen over how to punish Johnson, the officer she originally praised for Loud’s arrest. Sources in North Hampton government told NHJournal Mone was a difficult boss whose management style caused a staff exodus. When Mone left North Hampton, the department was down to a skeleton crew of about three officers.

But now she’s sheriff, and voters in Strafford County seem to like firsts. Brave was the first elected Black sheriff in New Hampshire history. Last year, he became the first African American sheriff to be charged for allegedly stealing taxpayer money to fund his extramarital affairs and then lying to a grand jury about it.

The trial in that case is slated for next year.

Brave was recently indicted on new charges alleging he subsequently lied to the courts about his income in order to secure a free public defense attorney, another first for an elected sheriff, white or Black. He allegedly hid the money he obtained from the sale of his house, bought a sports car, and paid a year’s lease on an apartment in Massachusetts. He’s also charged with lying about his place of residence as he was then under court order to remain living in Massachusetts.

On Tuesday, he became the first Stratford County sheriff to get placed on the state’s Exculpatory Evidence Schedule, but not for any of the alleged crimes.

The EES, sometimes called the Laurie List, is a list of police officers with serious credibility problems kept by the New Hampshire Attorney General’s Office. The list was secret for years, and the identity of the officers was only disclosed to defense attorneys as needed at trial. A law change in 2021 requires the attorney general to publish a public list which is updated quarterly. 

The list does not give detailed reasons for the inclusion of any of the officers, and Brave was added for an “untruthfulness” incident that took place on Dec. 9, 2022. That’s the day Brave’s ex-wife, Jaimie Brave, was arrested for drunk driving in Portsmouth. 

Mark Brave is alleged to have lied to county officials, saying he was “home watching the kids” when his wife was arrested. He also gave his deputies the impression he was not in the car, joking with them that “she should have called an Uber.”

NHJournal uncovered police reports that show Brave was, in fact, a passenger in the car when his wife was stopped. A police report and an investigative report from MRI commissioned by the county found Brave was also intoxicated and unable to drive after failing a breathalyzer test. Brave was then taken into protective custody by a New Hampshire State Police trooper and given a ride to a friend’s house. Meanwhile, Jamie Brave was taken into custody and booked.

Former Strafford County Sheriff Mark Brave (D) is getting yet another life lesson about consequences as a grand jury in Rockingham Superior Court handed up criminal indictments connected to the lies he allegedly told in order to get a free lawyer.

The 39-year-old disgraced ex-lawman and one-time New Hampshire Democratic Party star is getting two new felonies and three new misdemeanors added to the long list of criminal charges that forced him from office last year. The indictments come after Brave turned down at least two different plea agreement offers earlier this year.

Brave was charged last summer for allegedly stealing $19,000 in taxpayer money in order to fund his love life, and then lying about it when brought before a grand jury. The new indictments allege Brave followed up his arrest in the theft and perjury case by lying to the courts about his income and place of residence.

Brave allegedly hid the fact he cleared a substantial amount of money from the sale of his Dover home in order to qualify for a free public defender. Brave reportedly made enough money from the sale to buy a 1968 Porsche and pay a year’s lease up front on an apartment in Massachusetts.

At the time, however, Brave was under court orders to reside in New Hampshire. The disgraced Democrat got around that order by simply lying, according to the indictments. Brave told court officials he was living in a Dover apartment rather than out of state.

When the alleged lies were discovered late last year, Brave was still Strafford County Sheriff. He was collecting his salary while on administrative leave, despite no longer living in the state. The revelation about the Massachusetts apartment and his income forced Brave into a December deal to finally resign from his post in order to stay out of jail for violating his bail order.

Now the lies have come back to bite Brave in the form of the new indictments. 

Prosecutors said last month, before the indictments were handed up, that any trial in the original case won’t happen until next year. There’s still the opportunity for Brave to seek a plea agreement. But with the new charges it appears he does not have leverage in any possible negotiation.

Elected in 2020 as New Hampshire’s first Black sheriff, Brave promised to reform the police culture within the department. At the time, though, the Strafford County Sheriff’s Department focused less on law enforcement and more on civil process service.

Brave allegedly promoted a woman he took to Florida on the county dime to a “special deputy” position despite the fact she was not a certified police officer. He allegedly maxed out his county credit card on expenses from taking various women on dates and short vacations. Brave wooed so many different women, in fact, that he could not identify a specific woman when questioned by investigators. At the time, Brave was married, though he’s since divorced.

Earlier in the investigation, Brave claimed his fellow Democrats on the Stratford County Commissioners were racists who were out to get him. That’s unlikely to be an effective strategy in court, lawyers tell NHJournal.

Strafford County voters now face the choice between Republican Scott Tingle and Democrat Kathryn Mone. 

Mone’s resume includes her recent stint as the North Hampton Police Chief where she oversaw a mass employee exodus while she micromanaged the staff, according to sources. The town was stuck with a $150,000 tab settling a case overseen by Mone that involved two of her officers improperly arresting a woman for drinking beer at home while watching baseball, after they performed an illegal search.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Facing 64 years in prison on charges he stole taxpayer money, spent it on his girlfriends, and then lied to a grand jury, former Strafford County Sheriff Mark Brave is rolling the dice on a possible trial.

Brave did not accept the proposed plea agreement reached in mediation by the court-ordered deadline, meaning the case now moves to a jury trial. Brave had until Friday to accept the deal crafted in mediation with Rockingham County Superior Court by Justice Peter Fauver.

“No Notice of Intent to Plea was filed by the parties by May 24, 2024. Accordingly, we anticipate this matter being placed on the court’s trial track, in accordance with Justice Fauver’s report,” Michael Garrity, spokesperson for the New Hampshire attorney general, told Foster’s Daily Democrat.

The mediation was ordered in the case after Brave and prosecutors came to an impasse in plea negotiations. Brave and his attorney Leif Becker refused the Attorney General Office’s proposal, and the state declined Brave and Becker’s counter agreement.

Veteran defense attorney Mark Sisti, who is not part of Brave’s case, said no party is bound to accept any recommended proposal created during mediation. At the end of the day, the defendant is in control.

“The decisions whether to try a case or not try a case are totally on the shoulders of the defendant,” Sisti said.

While it can sometimes be in the best interest of either the defendant or the state, or occasionally both, to avoid going to trial, judges and lawyers cannot stop a determined defendant. 

It’s unknown what the sticking point might be in the mediated proposal. Fauver’s mediation report is under seal, as are the previously rejected proposals from the state and Brave. Sisti said that in these situations there is usually something the accused doesn’t like.

“There must have been a point the defendant couldn’t accept,” Sisti said. 

Sentences in criminal theft cases typically result in restitution orders that require the defendant to pay back the stolen money. Some prison time is also common in cases with multiple felonies, though defendants taking plea agreements generally get shorter stays in lock up as one of the benefits.

Plea agreements save time in court and money for the state and defendant, as well as allowing both parties to avoid the risk of losing a jury trial. Juries are often seen as unpredictable by prosecutors and defense attorneys. 

Judges impose the sentences when the jury is done, and convictions after a trial generally result in significantly more prison time.

Brave is potentially risking a lot by turning down two agreements. He’s charged with several counts of perjury, as well as felony theft and felony falsifying evidence. On top of that, Brave is a less-than-sympathetic character for juries to consider.

The story of a sheriff allegedly maxing out his county-issued credit card to facilitate multiple extramarital affairs is not likely to gain the sympathy of jurors. At one point, Brave admitted to investigators he did not know the name of one of his tryst partners, as there had been so many, according to court records.

While he was being investigated for the alleged thefts, Brave went on a public relations offensive, including playing the race card. Brave made the investigation public knowledge and told media that Strafford County Commissioners were harassing and bullying him, accusing one of being a racist.

After he was charged last year, Brave was caught violating his bail orders by moving out of state, and lying to the court about his money in order to get a free public defense attorney.

Still, Sisti thinks Brave has options before a jury hears about his alleged misdeeds, and unexpected things happen in the run-up to trials.

“It’s not clear the case will ultimately go to trial. A lot can happen,” Sisti said. 

A new plea offer is on the table for former Strafford County Sheriff Mark Brave, the lawman charged with stealing taxpayer money to fund his love life.

Brave, who was forced to resign last year after getting caught lying to the court, rejected the original plea agreement dangled by prosecutors in March. His counter proposal was then rejected by the state. But instead of heading to trial, Brave and lawyers with the New Hampshire Attorney General’s Office agreed to enter into mediation. 

Mediator Peter Fauver met with both sides this week and issued an order on Wednesday. Fauver’s order is currently sealed. Michael Garrity, spokesman for the New Hampshire Department of Justice, told NHJournal the clock is now ticking.

“The parties were given until May 24 to resolve the matter by plea or the case will return to the trial track,” Garrity said.

Criminal mediation, also known as a felony settlement conference, typically involves a judge not connected to the case working with both sides to reach a consensus. According to New Hampshire Judicial Branch Policy, cases suitable for felony settlement conferences involve defendants who admit wrongdoing. The conferences include input from the alleged crime victims as the judge guides all parties to a deal.

Brave’s saga started last year when county officials became suspicious of his spending habits with the county credit card. According to the investigative report, Brave was using his county card to buy plane tickets, hotel rooms, and meals for his extramarital affairs. While he was under investigation, Brave refused to step down and instead lashed out in the press, claiming he  was the victim of political bullying and accused County Commissioner George Maglaras of racism.

When he was charged last summer on theft and perjury counts, Brave initially refused to go on paid administrative leave, but finally bowed out under pressure from county commissioners.

Brave got in trouble again soon, this time for violating his bail conditions, lying about where he lived, and hiding money in order to qualify for a free defense attorney, according to court records. 

Brave was not supposed to stay living in New Hampshire under the bail order set by the court, an order he ignored when he paid a year’s lease on an apartment in Massachusetts and bought himself a sports car. At the same time, Brave claimed he did not have enough money to pay for a lawyer.

When prosecutors discovered he did not live at the Dover address he used in court, they sought to have his bail revoked. They also accused him of additional theft for taking his sheriff’s salary while living in another state. Brave got out of that jam by agreeing to resign from his position. 

It remains to be seen if the mediated agreement also lets him stay out of jail.

Brave made headlines in 2020 when he became New Hampshire’s first elected Black sheriff. The new Democratic star ran a Black Lives Matter-friendly platform, agreeing to reform police. One of his campaign promises was to end the practice of having cops in schools, a promise he broke when he signed a contract with the Farmington School District for his office to provide a school resource officer. Such contracts bring in needed revenue to the department.