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Legal Briefs: News from Around NH

Legal Briefs: News from Around NH

Sheriff Mark Brave’s trial put on hold: No plea deal yet

 A trial for former Strafford County Sheriff Mark Brave, which had been scheduled to begin in early August, has been put on hold at the request of the state.

Brave, who was arrested last August, is accused of stealing approximately $19,000 in county funds by submitting personal expenses for reimbursement with “fraudulent justifications,” and committing perjury by lying to a grand jury about an extramarital affair and his travel and entertainment expenditures related to it.

Jury selection previously set for Aug. 5, and a pretrial conference, have both been canceled by the court after a motion was submitted by the New Hampshire attorney general’s staff.

Instead, the state asked for and was granted a status conference on the case with no date set. During a status conference, the state and Brave’s attorney will clarify the anticipated time needed for a trial.

Michael Garrity, a spokesperson for the attorney general’s office, said the delay in the trial is due to routine scheduling tasks.

Attorney Leif Becker, who represents Brave, said the state asked for the change in order to take a look at scheduling should there still be a trial.

Becker said no deal has been reached between the state and Brave’s defense.

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 case had been ordered into criminal mediation after a plea deal offered by the state and counteroffer made by the defense were both rejected in March. The deadline to reach a new deal through mediation passed May 24, with the two sides again failing to reach a resolution. That led to the August trial date that is now indefinitely postponed.

The charges Brave faces, all felonies, are two counts of falsifying or destroying physical evidence, theft by deception, perjury (inconsistent material statements), and four counts of perjury (false statements under oath). According to Attorney General John Formella, Brave could receive 64-plus years in jail if convicted at trial.

Brave remains free on bail. — Karen Dandurant, Foster’s Daily Democrat

Anna Barbara Hantz Marconi

Justice Hantz Marconi, port director Geno Marconi’s wife, ‘relieved of duties’ for 90 days

 The New Hampshire Supreme Court has issued an order stating Associate Justice Anna Barbara Hantz Marconi is “relieved of her judicial and administrative duties at the court” and is “on administrative leave with pay for a period of 90 days, which may be shortened or extended by further order of the court.”

“During the period of administrative leave, Justice Hantz Marconi will not have judicial or administrative duties at the court,” the courts stated in a press release.

Hantz Marconi, a Stratham resident, had previously recused herself from participation in cases involving the New Hampshire Attorney General’s Office after her husband, Geno Marconi, the director of the New Hampshire Division of Ports and Harbors, was placed on paid administrative leave in April by the Pease Development Authority.

The PDA has declined to comment on its reason for placing Geno Marconi on paid leave.

When Hantz Marconi recused herself in May, InDepthNH.org reported a statement from court spokesman Av Harris: “Justice Hantz Marconi discloses that it is her understanding that the Office of the Attorney General is advising the Pease Development Authority with respect to her spouse’s work at the Division of Ports and Harbors.”

The state Supreme Court explained how it is operating with Hantz Marconi on leave.

“The Supreme Court has reassigned Justice Hantz Marconi’s responsibilities in cases where she has participated to the other Supreme Court Justices and assigned Superior Court Judges as needed,” the press release states. “In cases requiring Justice Hantz Marconi’s participation to achieve the requisite quorum of three Supreme Court Justices, alternate judges from the Superior Court will be selected at random to participate in those cases, in accordance with state statutes and long-standing Supreme Court procedures. Justice Hantz Marconi’s administrative duties will be reassigned.” — Portsmouth Herald staff

Man pleads guilty in NHPR reporter harassment case

A Nashua, N.H., man pleaded guilty Wednesday in federal court in Boston for his role in conspiracies to harass and intimidate two journalists employed by New Hampshire Public Radio, and their families.

The harassment and intimidation included five separate occasions of vandalism on the victims’ homes and the home of one of the victims’ parents, located in Hampstead, N.H., with bricks, large rocks and red spray paint, according to a statement from the Massachusetts U.S Attorney’s Office.

Eric Labarge, 46, pleaded guilty to two counts of conspiracy to commit stalking; one count of stalking, aiding and abetting; and two counts of stalking, all of which carry a maximum sentence of up to five years in prison and a $250,000 fine.

Labarge will be sentenced Oct. 18. He was arrested and charged in September along with co-conspirators Tucker Cockerline, 32, of Salem, N.H.; Michael Waselchuck, 35, of Seabrook, N.H.; and allegedly, Keenan Saniatan, 36, of Nashua, as a result of the spring 2022 incidents. Saniatan pleaded not guilty and is scheduled for trial in September.

In March 2022, NHPR published an article by journalist Lauren Chooljian detailing sexual allegations and other misconduct against Eric Spofford, the former owner of Granite State Recovery Centers. The story was the culmination of a year-long investigation, The Eagle-Tribune reported in December.

Spofford was a close, personal associate of Labarge, who conspired with Cockerline, Waselchuck and allegedly Saniatan to harass the journalists and their families, according to the report.

Cockerline and Waselchuck pleaded guilty and are awaiting sentencing. Jamie L. Costa, Eagle Tribune

McLane Middleton recognized in Massachusetts Lawyers Weekly’s Empowering Women Awards

The law firm of McLane Middleton recently announced that Massachusetts Lawyers Weekly has recognized the firm as a winner in the publication’s Empowering Women awards program.

The Empowering Women award recognizes law firms that have shown a strong commitment to supporting and elevating women attorneys in Massachusetts and showcase tangible and innovative efforts by law firms to advance women attorneys in the workplace and community.

“A core value of McLane Middleton is our belief that a diverse, equitable, and inclusive workforce makes us a better law firm, a workplace where all people feel valued and respected, enhance our capacity to develop innovative solutions for our clients, attract and retain the most talented colleagues and contribute to all segments of our communities,” the firm shared in a press release. “As a key part of our focus on becoming a more inclusive, equitable, and diverse firm, we are proud to have achieved certification under the Mansfield Rule, a national initiative through Diversity Lab to help close the gender and diversity gap in the legal profession. This certification program is designed to help us expand and manage our talent pipeline to ensure our firm reflects the diversity of our clients, our clients’ customers, and the communities where we live and work.”

Since 2019, McLane Middleton has hired over 30 female attorneys, which is over 50% of the firm’s overall attorney hiring. The total number of female directors at the firm has increased by 150% over the last five years.

To view the full list of honorees, please visit: https://massachusettslawyersweekly-ma.newsmemory.com/?special=Empowering+Women

Categories: Law