New Hampshire
Defense seeks to undermine accuser's credibility in New Hampshire youth center sex abuse case
CONCORD, N.H. (AP) — Lawyers for a man charged with raping a teenage girl at a youth holding facility in New Hampshire tried to erode the accuser’s credibility at trial Wednesday, suggesting she had a history of lying and changing her story.
Now 39, Natasha Maunsell was 15 and 16 when she was held at the Youth Detention Services Unit in Concord. Lawyers for Victor Malavet, 62, who faces 12 counts of aggravated felonious sexual assault, say she concocted the allegations in hopes of getting money from a civil lawsuit.
Testifying for a second day at Malavet’s trial, Maunsell acknowledged that she denied having been sexually assaulted when asked in 2002, 2017 and 2019. She said she lied the first time because she was still at the facility and feared retaliation, and again in the later years because she didn’t think anyone would believe her.
“It had been so long that I didn’t think anybody would even care,” she said. “I didn’t think it would matter to anyone … so I kept it in for a long time.”
The Associated Press does not typically identify people who say they were sexually assaulted unless they have come forward publicly, as Maunsell has done. She is among more than 1,100 former residents of youth facilities who are suing the state alleging abuse that spanned six decades.
Malavet’s trial opened Monday. It is the first criminal trial arising from a five-year investigation into allegations of abuse at the Sununu Youth Services Center in Manchester, though unlike the other eight men facing charges, Malavet worked at a different state-run facility where children were held while awaiting court disposition of their cases.
Under questioning from defense lawyer Maya Dominguez, Maunsell acknowledged Wednesday that she lied at age 15 when she told a counselor she had a baby, and that in contrast to her trial testimony, she did not tell police in 2020 that Malavet had kissed her or that he had assaulted her in a storage closet. But she denied the lawyer’s claim that she appeared “angry or exasperated” when questioned about Malavet in 2002.
“I appeared scared,” she said after being shown a video clip from the interview. “I know me, and I looked at me, and I was scared.”
Maunsell also rebutted two attempts to portray her as a liar about money she received in advance of a possible settlement in her civil case. After Dominguez claimed she spent $65,000 on a Mustang, Maunsell said “mustang” was the name of another loan company. And when Dominguez showed her a traffic incident report listing her car as a 2021 Audi and not the 2012 Audi she testified about, Maunsell said the report referred to a newer rental car she was given after she crashed the older car.
In the only civil case to go to trial so far, a jury awarded David Meehan $38 million in May for abuse he says he suffered at the Youth Development Center in the 1990s, though the verdict remains in dispute.
Together, the two trials highlight the unusual dynamic of having the state attorney general’s office simultaneously prosecute those accused of committing offenses and defend the state. While attorneys for the state spent much of Meehan’s trial portraying him as a violent child, troublemaking teenager and a delusional adult, state prosecutors are relying on Mansell’s testimony in the criminal case.
New Hampshire
Man Barricaded In Apartment For 8 Hours Surrenders To Concord Police
CONCORD, NH — An eight-hour standoff with a criminal threat suspect on Monday on Pleasant Street ended after Concord police and its regional SWAT team took the barricaded suspect into custody.
Hank Ussery, 66, of Concord, was arrested on reckless conduct, felon in possession of a dangerous weapon, three criminal threatening counts, and two criminal restraint counts.
Police closed off parts of Liberty and Pleasant streets for about eight hours after receiving a report of a knife threat incident at one of the city’s homeless coalition’s apartment buildings. Around 9:15 a.m., a Riverbend mental health services employee told police the incident occurred at the apartments at 120-122 Pleasant St., owned by the Concord Coalition to End Homelessness, for a report of a man with a knife threatening two women who were social workers. Several officers headed to the area while the department called for a “signal 1,000,” requesting radio silence. Dispatch confirmed the name of the tenant who was the suspect and warned officers he may have a collection of knives inside his unit.
Police attempted to reach the suspect, later identified as Ussery, via a cell phone with a Massachusetts area code. One officer in the field stated they had made visual contact with the suspect from a window.
“He is swearing at us through the window,” one officer stated.
The suspect was described as a man in his mid-60s, bald, about 5 feet, 5 inches tall, and weighing around 150 pounds. Dispatch said police had limited interactions with the suspect. The only known incident was an unwanted guest call in July at Nonna’s Place on Pleasant Street, they said. Dispatch accused Ussery of throwing items and threatening staff members.
Officers discussed the building’s layout, including how all of the units were separated, while attempting to evacuate residents from the building and shutting down streets around the home.
Around 10 a.m., officers reported contacting Ussery. A woman, one officer said, was with him.
Concord police posted a note on X-Twitter around 10:45 a.m. requesting residents and commuters stay out of the area.
The mobile crisis unit was requested around 11:30 a.m., and police said more officers and mental health employees would be coming to the building. Clinicians were expected to be at the building around 12:45 p.m.
SAU 8 School Superintendent Kathleen Murphy notified Concord High School parents of the police action.
Just before noon, a watch commander announced police were filing an arrest warrant and a search warrant against Ussery. The watch commander also stated it appeared the suspect was involved in a previous stabbing incident, according to scanner chatter. Patch learned later Ussery was previously incarcerated on manslaughter and first-degree assault charges in Oklahoma.
The Central New Hampshire Special Operations Unit was activated and eventually entered the building.
Ussery was taken into custody on several charges just before 5 p.m. He refused bail and will be arraigned in Concord District Court on Tuesday. Ussery was taken to Concord Hospital, where he received treatment for a facial injury and alcohol consumption, according to scanner chatter.
New Hampshire
Conflict for prosecutors in NH Justice Hantz Marconi’s case? Judge to decide
CONCORD — A judge is considering whether New Hampshire Attorney General John Formella and his staff should be blocked from prosecuting New Hampshire Supreme Court Associate Justice Anna Barbara Hantz Marconi. Her attorneys allege a conflict of interest due to the attorney general serving Gov. Chris Sununu, a key witness in her case.
Hantz Marconi, 68, a Stratham resident, has been charged in a high-profile case for allegedly interfering in the state’s criminal investigation into her husband, Geno Marconi, 73, the longtime New Hampshire Ports and Harbors director. Hantz Marconi has pleaded not guilty to two Class B felonies and five misdemeanor counts.
Merrimack County Superior Court Judge Martin Honigberg, who heard arguments from both sides Monday, will decide whether state prosecutors can try Hantz Marconi’s case or whether they should be replaced by outside counsel, in accordance with the defense’s request.
Hantz Marconi is accused of speaking with both Sununu and Pease Development Authority board of directors chairperson Stephen Duprey to influence the criminal investigation into her husband, actions her defense argues are protected by the First Amendment and through judicial immunity.
Hantz Marconi’s attorney makes case in court
Richard Guerriero, a lawyer for Hantz Marconi, filed a joint motion on Oct. 31 to dismiss the seven charges against her and disqualify the New Hampshire Attorney General’s Office from prosecuting the case. The attorney has claimed that Formella cannot be unbiased in the case as Sununu’s pick for state attorney general.
On Monday, Guerriero furthered the argument, saying in court the state should hire outside counsel to try Hantz Marconi’s case rather than existing state prosecutors. Guerriero said Formella previously served as legal counsel for Sununu, who he described as “the key witness in this case.”
“In the simplest terms, our position starts with the reality that every accused person is entitled to a prosecutor who is impartial, and that’s a constitutional right, as we’ve outlined in our proceedings and our pleadings,” Guerriero said.
The charges in Hantz Marconi’s indictment accuse her of telling Sununu the investigation into Geno Marconi was the result of “personal, petty and/or political biases.” The indictment further alleges she felt the investigation “needed to wrap up quickly because she was recused from important cases pending or imminently pending before the New Hampshire Supreme Court,” per the October charging documents.
Past case filings from Guerriero state Hantz Marconi requested a meeting with Sununu through his staff, which was then allegedly held with the governor’s legal counsel present during regular business hours. Her attorney also states the meeting was approved by New Hampshire Supreme Court Chief Justice Gordon MacDonald.
“I don’t think we can ignore the fact that Attorney General Formella has a particularly close relationship … with this one very powerful public official,” Guerriero said. “His (Formella’s) personal interests are directly tied to this very powerful and important witness, and under that unique circumstance, not any other circumstance in this case, there is a limitation that’s not fair to the defense.”
Sununu appointed Formella to be the attorney general in 2021. Hantz Marconi was nominated to the New Hampshire Supreme Court by Sununu in 2017 and was sworn in by the governor in August the same year.
Honigberg, the presiding judge in Hantz Marconi’s case, took the matter under advisement and noted a decision on Guerriero’s motion to disqualify state prosecutors will be released at a future date.
Hantz Marconi and Guerriero both declined to speak to reporters after the Monday afternoon proceeding ended.
Attorney general’s prosecutors argue their side
Joe Fincham, assistant attorney general, and Dan Jimenez, senior assistant attorney general, are prosecuting Hantz Marconi’s case. They fought against Guerriero’s motion to disqualify their office from prosecution, stating their office is impartial in the case.
“At it’s heart, it was a motion that, in our estimation, basically demanded special treatment. Just like we would in any other case, we objected, because no one, justice or citizen, is entitled to special treatment in criminal prosecutions,” Fincham said after the motion hearing Monday.
Hantz Marconi remains free on bail
Hantz Marconi was charged with one count of attempting to commit improper influence and one count of criminal solicitation of improper influence, both felonies. She was also charged with two counts of criminal solicitation of misuse of position, one count of criminal solicitation of official oppression, one count of official oppression, and one count of obstructing government administration, all Class A misdemeanors.
Hantz Marconi is free on personal recognizance bail.
Guerriero previously requested prosecutors compile a bill of particulars of all her alleged criminal activity if all the charges against her are not dismissed.
Hantz Marconi was charged before her husband, Geno Marconi
The New Hampshire Attorney General’s Office announced on Oct. 16 that a Merrimack County Superior Court grand jury indicted Hantz Marconi on the seven charges. A day later, a Rockingham County grand jury’s charges against Geno Marconi were released.
Geno Marconi was charged with two Class B felony counts for allegedly tampering with witnesses and informants and falsifying physical evidence. He was also hit with four Class A misdemeanors – two counts of Driver Privacy Act violations and two counts of obstructing government administration.
The state’s port director appeared in Rockingham County Superior Court last week, pleading not guilty to six state charges. A county judge approved conditions calling for Geno Marconi to be free on personal recognizance bail and a no-contact order preventing him from discussing the facts of the case with all staff of the Pease Development Authority and the agency’s board of directors.
The criminal charges against the Stratham couple were preceded by both Marconis being placed on leave from their respective positions.
Hantz Marconi, the third woman to sit on the state’s high court, has been on paid administrative leave from the state Supreme Court since July 25. The order regarding her leave was extended by the remaining Supreme Court justices in mid-October.
In April, Geno Marconi was placed on paid leave from his position, which is overseen by the Pease Development Authority.
New Hampshire
Blackmail scam alert: NH residents targeted
CONCORD — Attorney General John M. Formella has issued an alert warning of a blackmail scam targeting New Hampshire residents, including the state’s older adult population.
The state attorney general’s office has received several reports from residents who have received similar e-mails from senders who are unfamiliar to them. The e-mail subject line contained the recipient’s name. The body of the e-mail contained the recipient’s name and home address. A similarly worded, threatening letter was attached to each e-mail. The letter contained the recipient’s name, telephone number, home address, and a picture of the recipient’s home. The letter claimed that a virus was placed on the recipient’s electronic device, allowing the sender to track the recipient’s browsing history, e-mails, and social media accounts.
The letter warns that the sender has extracted embarrassing information about the recipient. The sender threatens that the embarrassing information will be sent to the recipient’s e-mail and/or telephone contacts unless the recipient pays a “privacy fee” using cryptocurrency. The letter lists the amount of the “privacy fee” and cryptocurrency account information for deposit.
An e-mail containing this type of letter as an attachment is known as a “blackmail scam.” Residents should understand that the senders of these e-mails have not actually been to the recipient’s home. They have obtained personal identifying information from publicly available sources and included photos of the recipient’s home obtained online in the letter. Further, the sender has not gained access to the recipient’s electronic device. Instead, the sender threatens the recipient to create a sense of fear and urgency so that the recipient will pay money.
The Attorney General urges New Hampshire residents to be vigilant. Do not reply to or open any attachments in electronic messages from senders with whom you are unfamiliar. Anyone who opens one of these letters attached to an e-mail should take the following steps:
- Do not panic.
- Do not send money, including cryptocurrency, in response to the letter.
- Contact your local police department, especially if you have lost money.
- If you are concerned about whether your computer or other device has been compromised, contact a reputable computer company you can verify to inspect your device.
- Report the scam to the Office of the Attorney General – Consumer Protection Hotline:
1-888-468-4454E-mail: Doj-CPB@doj.nh.govwww.doj.nh.gov/consumer/complaints
Anyone with knowledge that a vulnerable adult has been scammed or financially exploited should also contact the New Hampshire Bureau of Adult and Aging Services, at 1-800-949-0470.
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