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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. 

Lovelorn lawman Mark Brave is heading to mediation with the prosecutors in his felony theft case after the two sides failed to reach a plea deal.

Brave, the former Democratic Strafford County sheriff, is accused of stealing taxpayer money to fund extramarital liaisons. The scandal has so far cost Brave his marriage, his million-dollar Seacoast home, and his job. It could also put him behind bars for years.

Brave and prosecutors are at loggerheads over a possible plea agreement, including any incarceration, restitution, and fines. After the state made an offer to Brave and his attorney, Lief Becker, Brave countered with his own proposal. The state rejected Brave’s take on the deal.

Neither plea offer was available Tuesday.

Rockingham Superior Court Judge James Kennedy ordered Brave and prosecutors to try mediation to reach an acceptable plea agreement. 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.

Failing a deal from the settlement conference, Brave will get a trial date for the eight felonies stemming from his alleged theft and coverup. If convicted, he could be sentenced to up to 64 years in prison.

Brave was a rising star in the New Hampshire Democratic Party as the state’s first elected African American sheriff when his illicit love life caught up with him. The formerly married Brave was using his government-issued credit card for plane tickets, hotel rooms, and expensive meals with at least three other women. At one point in the investigation, Brave was unable to name one of the women he was seen with, as he could not remember them all.

While under investigation last year, Brave publicly lashed out at the elected Strafford County commissioners, all Democrats, who he blamed for the scrutiny from the New Hampshire Attorney General’s Office. Brave even accused his fellow Democrats of being motivated by racism.

Brave’s troubles got worse after he was charged with stealing $19,000 in taxpayer money, perjury, and destruction of evidence. Under pressure from county officials, he agreed to go on paid administrative leave. The court also ordered him to continue living in New Hampshire pending trial.

But Brave lied to the court and prosecutors about his living arrangement and finances, according to court records. Brave hid the fact he cleared hundreds of thousands of dollars for himself selling his marital home in Dover for $1.5 million, and cried poor to get a free public defender, according to a report filed by prosecutors.

While he told the court he couldn’t afford a lawyer, Brave prepaid $50,000 for a year’s lease on an apartment in Massachusetts and bought a 1968 Porsche convertible, the state claims. Brave got around the court order to stay in New Hampshire by lying to the court and prosecutors and giving them the address of his now ex-wife’s Seacoast apartment.

Prosecutors moved to revoke Brave’s bail and threatened to hit him with new theft charges for illegally collecting more than $10,000 in salary as an elected New Hampshire official living out of state. Brave and Becker reached an agreement in December in which Brave finally resigned as sheriff in exchange for staying out of jail.

Accused of using taxpayer money to fund his love life, former Strafford County Sheriff Mark Brave needs more time to go through all the evidence compiled against him.

Brave, who’s facing 64 years in prison if convicted, was due in Rockingham Superior Court this week for a dispositional hearing until his attorney, Leif Becker, got a delay. Becker told Judge Daniel St. Hilaire he needs more to go through the evidence in light of a plea agreement offered by the New Hampshire Attorney General’s Office.

Becker told Foster’s Daily Democrat this week there’s no decision yet by Brave to accept the plea.

“As part of weighing all the options and preparing for trial, we are doing a considerable review of the discovery provided. Given the volume of material, we requested more time. A plea deal was offered, but we have not reached any decisions,” Becker said.

Brave is now scheduled to appear on March 26 once he and Becker have had time to consider the deal in light of the evidence. 

Brave was New Hampshire’s first elected Black sheriff and a rising star in the New Hampshire Democratic Party until his romantic side got caught in a scandal that resulted in felony charges, ended his marriage, and forced him out of the job.

Brave allegedly used his county-issued credit card to fly out of state to meet women, book hotel rooms and restaurants in Boston for trysts, and even take dates to an indoor water park. When the criminal investigation into his credit card use became public, Brave accused fellow Democrat and Strafford County Commissioner George Maglaras of being a racist.

Brave agreed to go on administrative leave this summer after he was indicted, but the trouble did not stop. Brave is accused of lying to the court and violating his bail conditions. 

Brave was allegedly less than truthful about how much money he had after his divorce in order to obtain a free public defender. Instead of using his money for a lawyer, Brave reportedly bought a classic 1968 Porsche and paid $50,000 to rent an apartment in Massachusetts.

When Brave moved to his Tewksbury, Mass. apartment, he was under a bail order to live in New Hampshire. Brave allegedly got around that by giving prosecutors and court officials a false address in Dover.

When that house was discovered, prosecutors told the court Brave was essentially stealing money by collecting his sheriff’s salary while living out of state. Prosecutors wanted his bail revoked, but Brave quit his job in December as part of an agreement to stay out of jail. 

The lawman with a big heart, Mark Brave, could be getting a gift from prosecutors in the form of a plea agreement. Just not on Valentine’s Day as requested. 

The former Strafford County Sheriff is due in Rockingham Superior Court on March 4 for a dispositional hearing, originally scheduled for Tuesday. Facing the deadline, and preparing a plea agreement offer, Assistant Attorney General Joe Fincham asked for a change to Feb. 14 hearing last week.

“The State has not yet provided Defendant with a formal plea offer in this matter due to specific details of the plea not being finalized, but the State anticipates being able to make a formal offer in the next two weeks,” Fincham wrote.

But romance is dead, and proof is the fact the court’s clerk set the date for March.  

Brave is accused of stealing almost $20,000 in taxpayer money to fund his illicit love life and he faces several felony charges connected to his alleged extramarital affair-fueled thefts. 

Brave was New Hampshire’s first elected Black sheriff and a rising star in the state Democratic Party until his self-inflicted scandal forced him out of the job.

Brave allegedly used his county-issued credit card to fly out of state to meet his paramours. He also booked hotel rooms and restaurants in Boston for romantic getaways and even took dates to an indoor water park. When the criminal investigation into his credit card use became public, Brave accused fellow Democrat and Strafford County Commissioner George Maglaras of being a racist. 

Though Brave agreed to go on administrative leave last summer after he was indicted, the trouble did not stop. He is accused of lying to the court and violating his bail conditions. 

Brave was allegedly less than truthful about how much money he had after his divorce in order to obtain a free public defender. Instead of using his money for a lawyer, Brave reportedly bought a classic 1968 Porsche and paid $50,000 to rent an apartment in the Bay State.

At the time Brave moved to his Tewksbury, Mass. apartment, he was under a bail order to live in New Hampshire. Brave allegedly got around that by giving prosecutors and court officials a false address in Dover.

When that house was discovered, Fincham told the court Brave was essentially stealing money by collecting his sheriff’s salary while living out of state. With Fincham demanding his bail be revoked and the prospect of new charges looming, Brave resigned his job last month.

The criminal case against former Strafford County Sheriff Mark Brave is moving into the next phase as a grand jury returned eight felony indictments on Friday.

Brave is accused of stealing $19,000 in county money, tampering with evidence, and multiple counts of perjury. Brave was charged in August. The indictments effectively mean a grand jury confirmed the charges had merit. That clears the way for trial.

Brave resigned as sheriff last week after prosecutors caught him lying about living outside New Hampshire. Brave violated his bail when he moved to an apartment in Tewksbury, Mass., in October.

The move also meant Brave was legally ineligible to serve as an elected county sheriff. Brave went on paid administrative leave in August and had been collecting his pay until last week. He reportedly took home more than $10,000 since moving out of state.

Assistant Attorney General Joe Fincham and Assistant Attorney General David Lovejoy accused Brave of stealing taxpayer money by collecting his salary while living in Massachusetts. The prosecutors pushed to get Brave’s personal recognizance bail revoked until he quit the job.

Lief Becker, Brave’s attorney, said the resignation corrected the residency problem, and prosecutors dropped the move to send Brave to jail pre-trial.

Fincham and Lovejoy still want Brave to face consequences for reportedly lying to the court about where he lives and about his finances. Though he managed to stay out of jail by quitting his job, the prosecutors want Brave to face a contempt hearing for his other lies discovered in recent weeks.

Rockingham Superior Court Judge Daniel St. Hilaire revoked Brave’s free public defender last month as prosecutors showed he lied about being unable to afford private counsel, telling the court in October he couldn’t afford it. However, at the start of October, he reportedly paid more than $50,000 upfront for a year’s rent on the Tewksbury apartment. Later that month, Brave bought himself a 1968 Porsche 356.

When investigators went to the Dover apartment where Brave told the court he resided, they spoke to his now ex-wife, Jamie Brave. That was when they learned Mark Brave no longer lived in New Hampshire, and that he came into a substantial amount of money from selling the couple’s Dover home.

According to Jamie Brave, both she and her husband walked away from the sale of their home with $240,000 apiece. Brave also got the couple’s Mercedes SUV in their divorce agreement. And while Brave claimed he was paying tuition for two of his three children, Jamie Brave told the investigators he was paying for one child’s tuition.

On the public defender application, Mark Brave claimed he got $190,000 from the house sale and ended up with $3,500 after he used his money to pay off marital debts.

Whatever sanctions are on the table for the contempt hearing, they pale to the theft case, where he faces a lengthy prison sentence if convicted.

The indictments handed up by the grand jury include a Class A felony theft charge, two Class B felony charges of falsifying physical evidence, and five Class B felony charges of perjury. Class A felonies carry potential seven-and-a-half to 15-year prison sentences, and Class B felonies come with three-and-a-half to seven-year terms.

Democratic Strafford County Sheriff Mark Brave found his “Get Out of Jail Free” card. He quit his job.

Until Tuesday, the accused fraudster was on paid leave while his case moved forward. Then, he was caught hiding that he was living in Massachusetts in violation of a court order and, therefore, illegally collecting more than $10,000 in pay as an elected official. Facing the loss of his bail deal, Brave bailed on the sheriff’s job rather than going directly to jail.

Prosecutors went to Rockingham Superior Court in Brentwood on Tuesday to ask Judge Daniel St. Hilaire to revoke Brave’s personal recognizance bail. The surprise resignation, announced in court, paved the way for a new bail agreement. Brave’s new attorney, Leif Becker, said the resignation settled the legal problems the Massachusetts move had caused.

“The resignation corrects the bail issue,” Becker said.

Becker argued in his motion to keep the personal recognizance bail in place that Brave is not a flight risk. Many defendants in cases at Rockingham Superior Court live or work in Massachusetts, and Brave should be allowed to move freely between the two states, according to Becker’s motion.

The Tewksbury, Mass. apartment where he is living is a 45-minute drive from the courthouse, compared to the 35-minute drive from his former home in Dover, Becker wrote.

Brave originally claimed he needed to be able to go to Massachusetts in order to drive his daughter to private school every day.

It has been a rough year for Brave. Once hailed as a rising star in the New Hampshire Democratic Party, he is the state’s first elected Black sheriff. 

Now, he faces several felonies alleging he stole $19,000 in taxpayer money to fund his extramarital affairs with out-of-state paramours. He has since gone through a divorce and has been forced to sell his house. Tuesday Brave faced the final indignity, giving up his job.

(He does get to keep the 1968 Porsche he bought.)

Even though Brave managed to stay out of jail this week, he is not out of the legal woods just yet. Prosecutors filed for an indictment extension this month, seeking more time to bring charges to a grand jury.

Assistant Attorney General Joe Fincham declined to say Tuesday if that extension meant Brave could be indicted on additional criminal counts. Fincham plans to push for a contempt hearing against Brave based on the latest alleged financial and residency lies told by Brave. It was unclear what the result of a contempt finding could mean for Brave, as it is up to St. Hilaire to decide.

There is still some possible good news for Brave. Prosecutors plan to offer him a plea bargain in the coming weeks. Plea agreement offers are standard in criminal cases and do not necessarily mean the defendant will accept the agreement.

Brave is due back in court on Jan. 30 for a dispositional hearing; at this point, more may be known about the plea offer.  

Strafford County Sheriff Mark Brave (D) is not going to jail for allegedly lying and stealing while on bail for allegedly lying and stealing.

At least, not yet.

Brave, 38, was set to appear in Rockingham Superior Court on Tuesday to face a bail hearing. Prosecutors say he lied about his income and violated his bail by moving out of state. But the sheriff still had no defense lawyer when he appeared in court Tuesday. Judge Daniel St. Hilaire pushed the bail hearing back to Dec. 12 to give Brave time to finalize his representation.

Brave said he is in the process of hiring attorney Leif Becker.

Prosecutors say Brave moved to Massachusetts days after he was ordered to stay in New Hampshire as part of the bail conditions in his theft and perjury case. Brave illegally collected more than $10,000 in salary for his elected sheriff’s position, according to prosecutors. 

Elected officials must reside in the state where they serve. Brave isn’t clocking in as sheriff since being charged, but he is collecting his salary while on administrative leave. 

Brave also lied about the money he got for selling his Dover home, prosecutors say. Brave claimed he didn’t clear enough money from the $1.5 million sale to pay for defense lawyers as planned. Debts and divorce expenses took most of the money, he said. 

But prosecutors say instead of paying a retainer to a law firm as he claimed he would, Brave bought a 1968 Porsche and prepaid a year’s worth of rent, about $50,000, on an apartment in Massachusetts soon after the sale went through.

Last month, St. Hilaire revoked the public defender assigned to Brave since Brave allegedly lied about being unable to pay for his own lawyer.

Brave was charged with theft and perjury last summer for allegedly stealing $19,000 in county money to fund his extramarital affairs with multiple girlfriends.

House Speaker Sherman Packard (R-Londonderry) said Republican Rep. Troy Merner lied to him when confronted about his residency last year.

Feeling heat from Democrats after state Attorney General John Formella announced voter fraud and theft charges on Tuesday against Merner, Packard issued a statement Wednesday laying out his version of the controversy.

Packard acknowledged the Department of Justice told his office last December that Merner was accused of living outside his Lancaster, N.H. district. But Packard said he did not have verified information and could not take action. According to Packard’s statement, the Speaker’s Office conducted an investigation that stalled when Merner continued to lie about his residence.

“Upon being informed of the DOJ communication, the Speaker’s Office initiated a review of the matter, which included calling and interviewing Merner to confront him about the allegations in the Department of Justice communication,” Packard said.

“At that time, Merner continued to attest that his domicile was in Lancaster at the apartment he rented on Elm Street. The review did not obtain any new information other than what was contained in the information the Department of Justice provided; therefore, the matter was considered inconclusive pending further investigation/findings by the Department of Justice or other findings that may come through other processes or sources.”

Democrats said House Republican leaders, clinging to a 201-198 majority, didn’t want to know the truth about Merner.

“Given the closely divided partisan makeup of the House this term, it is of grave concern that Rep. Merner’s residency violations were overlooked both in Lancaster and in Concord while he continued to hold elected office,” House Democratic Leader Rep. Matt Wilhelm (D-Manchester) said in a statement.

Merner was elected to represent Lancaster, Dalton, North Umberland, and Stratford in November, months after he moved out of the district and sold his Lancaster home. The Attorney General’s Office received a complaint about Merner from a Lancaster resident a week after the November election and sent an investigator to speak to the representative.

Investigator Anna Brewer-Croteau found Merner living in a home in the town of Carroll, well outside his district. Wearing boxers and a t-shirt and eating cereal, Merner acknowledged to the investigator that he lived outside the district.

In the affidavit released Tuesday by Formella’s office, Merner maintained an office in town and slept there “multiple nights a week.” He followed that up by claiming other people do the same thing.

“(Merner) told (Brewer-Croteau) that he knows of other people who vote in Lancaster and are not domiciled there. (Merner) denied to identify these people,” the affidavit states.

As well as being Lancaster’s state representative, Merner also served on the town’s Board of Selectmen. He told Brewer-Croteau he had no plans to run for reelection.

Brewer-Croteau’s report was conveyed to General Court Chief Operating Officer Terry Pfaff on Dec. 6, 2o22.

Packard insisted he and his fellow GOP leaders in the House didn’t have enough to go on at the time.

“The information was not conclusive in nature and made no final determination about Merner’s domicile. The information also contained Merner’s account that the allegations were unfounded and that the investigation was ongoing,” Packard said.

Packard claimed he never got an official complaint about Merner’s living situation, nor did he get any confirmation from Formella about Merner’s residency until September. Throughout Merner’s time in the House, he submitted mileage reimbursement forms for his Lancaster address and maintained official ties to Lancaster. 

“He continued to serve on the Lancaster Board of Selectmen, which further legitimized his attestations,” Packard said.

After Merner was caught voting in the March 2023 Lancaster election, Formella’s office started asking about Merner’s office. During that investigation, it was learned that Merner did not, in fact, sleep at his Lancaster office multiple times a week. According to the affidavit, neighbors told investigators he did not sleep there at all. 

Packard never got a formal notice about the March voting complaint, nor did he get one about Merner’s admission in May that he did not live in Lancaster. However, once Formella’s investigation wrapped up, Packard said he took immediate steps to deal with Merner.

“When the Speaker’s Office was made aware of the conclusions made by the Department of Justice in September 2023, rapid action was taken to force Merner to vacate his seat,” Packard said.

Merner resigned from the Lancaster Select Board in October. He is charged with wrongful voting, a class B felony carrying a sentence of up to 7 years in prison and a fine of up to $4,000, and multiple other charges.

Merner is due to be arraigned on Dec. 28.

Maybe Republican former state Rep. Troy Merner should not have answered the door in his underwear when an investigator from the New Hampshire Attorney General’s Office knocked at the Carroll home where he lives.

Maybe he should have resigned from his elected positions when he moved to the home outside his district. Or maybe someone in the State House should have acted when they were alerted about Merner’s residency in December 2022.

That was when top lawyers with the New Hampshire Department of Justice, Myles Matteson and Anne Edwards, called Terry Pfaff, the Chief Operating Officer of the General Court, to inform him of Merner’s living situation, according to records made available Tuesday. House Speaker Sherman Packer (R-Londonderry) acknowledged Tuesday he was informed last December as well.

Merner was allowed to continue to represent the district he no longer lived in for months.

The New Hampshire Attorney General’s Office announced Tuesday it is charging Merner, 63, for wrongful voting, theft by deception, and unsworn falsification. The charges are the next act in a legal drama that started a year ago.

Formella’s office did not make Merner’s residency problem public until this March after it received a complaint that Merner had voted in Lancaster’s municipal election. Merner continued to serve in the House until September, when Formella’s office sent a memo to Packard confirming Merner did not live in Lancaster.

However, according to the records, investigators and attorneys inside Formella’s office knew Merner did not live in Lancaster as early as December of last year.

Packard said in a statement released Tuesday night he was aware of the December call to Pfeff, but Merner disputed that he did not meet the residency requirement. 

“Allegations against Merner were made in December 2022, and the General Court was made aware that Merner disputed and contested those allegations then. Merner continued to attest to the General Court through signed official paperwork that his residence was in Lancaster,” Packard said. “The details of Merner’s admissions relative to his residing outside of his district were not brought to the attention of the Speaker’s Office until September when the Department of Justice investigation had concluded.”

Merner was a Lancaster selectman and a state representative for Lancaster, Dalton, North Cumberland, and Stratford. The only problem is that he lives in Carroll, having moved there in the summer of 2022 with his new wife, Janet Nelson. After moving, Merner was elected to the House to represent Coos District 1 in November 2022.

Merner did not respond to a call Tuesday. He claimed, according to statements made to investigators, that his out-of-district residency was well known, and he was encouraged by others to continue serving, though he did not name his supporters.

The affidavit filed in the case depicted a man who seemed not to realize he was doing anything wrong.

“State Rep. Merner told (Investigator Anna) Brewer-Croteau that he could not believe that someone actually complained to (the attorney general), further stating that he (State Rep. Merner) has done so much for the town of Lancaster,” the affidavit written by Investigator Thomas Defosses stated.

A Lancaster resident contacted the New Hampshire Attorney General’s Office a week after the 2022 election to report Merner was no longer living in town, and that the fact was well-known in Lancaster.

Merner sold his Lancaster home in the summer of 2022 and moved to Carroll after marrying Nelson. He claimed he had an arrangement with the buyer of his former home that he could temporarily stay in a room there, but he often stays overnight in an office he’s rented in Lancaster.

In his Dec. 5 meeting with Brewer-Croteau, during which he was in his boxers and a T-shirt and eating cereal, Merner said he planned to finish his terms as a selectman and state representative but not stand for reelection in 2024 since he no longer lived in Lancaster.

Lancaster Town Manager Benjamin Gaetjens-Oleson was aware of the issue when Brewer-Croteau interviewed him, saying he had fielded many complaints about Merner’s residency. But, Gaetjens-Oleson felt he could not do anything since Merner was technically his boss.

Gaetjens-Oleson reportedly warned Merner about his residency problem, saying it was “going to cause an upheaval with the locals.”

Merner would later tell Investigator Richard Tracy he had to keep on as a selectman since he was the only member of the board who did any work.

Tracy was assigned to the case after Fenella’s office got a complaint about Merner voting in the March elections in Lancaster. Merner told Tracy he thought voting was OK even though he did not live there.

“(He) said he had not heard back from the Attorney General’s Office since he spoke with (Investigator) Brewer-Croteau, and he did not think he was doing anything wrong,” the affidavit states. 

At that point, Tracy had established Merner was not regularly sleeping in the office he rented in Lancaster, as the neighbors attested they did not see him. When confronted with that, Merner claimed he thought it would be OK if he had an address in Lancaster and worked at the town offices regularly.

Now that his residency was out in the open, the investigation was on. Investigators found Merner had been submitting mileage expenses to the General Court for round trips to Concord from Lancaster and not Carroll. Lawmakers can get reimbursed for their trips to Concord to serve their constituents.

A round trip from Lancaster to Concord is about 202 miles, while the Carroll to Concord trip is about 176 miles, meaning Merner was overcharging taxpayers to get to work. According to the affidavit, Merner overcharged taxpayers a total of $973 throughout his entire term.

Merner was ousted from the House in September and resigned as a Lancaster selectman in October. He is now facing prison time, as the wrongful voting charge is a class B misdemeanor which carries a possible three-and-a-half to seven-year prison sentence. He is due to be arraigned on Dec. 28.

A middle-aged man buying a sports car while going through a divorce might not be a crime, but Strafford County Sheriff Mark Brave could end up in jail after treating himself to a 1968 Porsche, according to court records.

The first-term Democrat is already facing eight felonies for stealing taxpayer money to fund his love life. Now prosecutors say Brave lied to court officials about being too poor to pay for a lawyer ten days after he bought the classic car.

The new allegations against Brave, laid out in motions filed in the Rockingham Superior Court on Friday, are that the Sheriff lied under oath about where he lived, lied in his written application for a free public defender, lied to the judge when questioned about his finances, and lied again to Strafford County taxpayers when he collected $10,000 in salary despite no longer living in New Hampshire. 

Prosecutors want to revoke Brave’s bail, saying he committed at least one count each of felony theft and perjury since being arraigned in the original case on Sept. 28. They are seeking a bail hearing as soon as possible.

Brave’s already had his free public defender canceled when the state raised questions about the truthfulness of his financial disclosures this week. It was those disclosures and his prior sworn testimony about his living situation that could send him behind bars.

According to the motions filed by Assistant Attorneys General Joe Fincham and David Lovejoy, days after he was released on bail, Brave paid more than $50,000 to a Tewksbury, Mass. couple for a year’s rent on an apartment in the Bay State. The couple would tell investigators Brave does, in fact, live in Massachusetts. That’s the location where Brave had his Porsche delivered on Oct. 17, according to photos he posted on his Instagram account, Fincham and Lovejoy write.

“LOOK WHAT FINALLY ARRIVED THIS MORNING FINALLY!” Brave posted with photos of the 1968 Porsche 356 soft-top convertible. 

Brave has since taken his account private, and the photos were not included in the filing. Porsche 356s from the 1960s can range in price from about $100,000 to much more depending on the model year and features.

For Brave, living outside New Hampshire isn’t just a violation of his bail order. It’s also against state law for elected officials to live outside the state while serving, and getting paid to serve. Brave, who is on paid administrative leave, has collected more than $10,000 in salary since he signed the Massachusetts lease.

Brave is also accused of being less than forthcoming about his living situation. During a status of counsel hearing on Oct. 26, he told Judge Dan. St. Hilaire said he could not afford the $75,000 to $100,000 retainer for legal representation from Shaheen & Gordon. When questioned about his living situation, Brave swore under oath that he lived in an apartment in Dover. 

What Brave didn’t know during the Oct. 26 status hearing where he allegedly perjured himself is that investigators had already been to the Dover apartment and spoken to his soon-to-be ex-wife, Jamie Brave. 

Jamie Brave told the investigators Mark Brave lived in Massachusetts and she lived in the Dover apartment. She would later tell investigators Mark Brave had much more money than he claimed in court.

According to Jamie Brave, both she and her husband walked away from the sale of their home with $240,000 apiece. Brave also got the couple’s Mercedes SUV. And while Brave has claimed he’s paying tuition for two of his three children, Jamie Brave told the investigators he’s paying for one child’s tuition. 

On the application for a public defender, Mark Brave claimed he got $190,000 from the house sale and ended up with $3,500 as he used his money to pay off debt. 

Jamie Brave told the investigators that her husband had his mail forwarded to the Dover apartment, and at one point asked her to put his name on the lease. She declined.

Brave seems to have a poor relationship with the truth. He’s already charged with perjury for allegedly lying to a grand jury about who he was traveling to Florida with on the County dime. It was a woman not his wife.

This week, the County released an internal report about Jamie Brave’s December 2022 driving under the influence arrest. According to the report, Mark Brave lied to county officials and his deputies about the arrest. Mark Brave went with a story that he was home with his children when his wife was arrested. 

“She should have called an Uber,” Brave reportedly said.

In truth, he was also in the car at the time and he was too drunk to drive, according to police reports. The Sheriff was taken into protective custody after blowing a 0.15 percent blood alcohol content, almost twice the legal limit. He was released into the custody of a friend, who is also a part-time deputy, according to the report. 

He’s reportedly lied about his college degrees and law enforcement experience, as well.