New Hampshire
Ex-trooper who texted arrestees from his personal phone has credibility issue, top N.H. court rules – The Boston Globe
A former New Hampshire State Police trooper who got caught using his personal cellphone to exchange text messages with people who had been arrested should have his name included on the state’s list of law enforcement officers with known credibility issues, the New Hampshire Supreme Court said in an order Tuesday.
The trooper, who is identified only as John Doe, had arrested a woman then contacted her later that night so she could retrieve a purse she had left in the back of his cruiser, according to court records.
When confronted by his supervisor in June 2018, the trooper said he had never done that before, but the supervisor later learned the trooper had a lengthy text exchange with a different arrestee in May 2018, according to the records.
An internal investigation concluded the trooper had been untruthful. He was fired, and his name was added to the Exculpatory Evidence Schedule, formerly known as the Laurie List, which prosecutors use to keep track of officers whose employment files contain information that may need to be disclosed to criminal defendants.
The trooper filed a lawsuit in 2021 arguing that his name should be removed from the list because the records at issue in this case didn’t constitute “potentially exculpatory” evidence. But the trial court dismissed his claims, ruling that he had lied during the course of an official investigation and should be on the list.
The trial court denied the trooper’s motion for reconsideration in 2022, and the Supreme Court’s 4-0 order on Tuesday affirmed that denial.
The trooper claimed he had forgotten about the May 2018 text messages due to a disability, so he wasn’t actually lying when he told his supervisor in June 2018 that he hadn’t texted others previously. And he claimed he had falsely admitted to being untruthful because his military training taught him to accept responsibility when confronted by superiors.
But the justices ruled this is the sort of situation that belongs on the Exculpatory Evidence Schedule, even if the trooper’s false testimony was unintentional.
“Regardless of the justifications offered by the plaintiff, his conduct warrants inclusion on the EES because it reflects on his ‘general credibility,’” they ruled, noting that a criminal defendant could feasibly use this incident in a future case to question his trustworthiness.
This ruling was the latest in a series from the New Hampshire Supreme Court as the justices grapple with a cresting wave of litigation over which types of conduct warrant placement on the list and which do not.
Since the court released decisions in September and October that help to clarify application of the relevant statutes, the justices have issued six additional orders in John Doe cases from across the state.
Most of the recent rulings, but not all, have gone in favor of the officers challenging their placements on the list. The justices ruled last week, for example, that a trooper who lied to a tribunal about an email should remain on the list.
That case and Tuesday’s ruling highlight the reason the EES exists: If an officer was previously caught providing false information in an official proceeding, then prosecutors may need to disclose that to criminal defendants. The list is a tool to help ensure that happens.
This story first appeared in Globe NH | Morning Report, our free newsletter focused on the news you need to know about New Hampshire, including great coverage from the Boston Globe and links to interesting articles from other places. If you’d like to receive it via e-mail Monday through Friday, you can sign up here.
Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.
New Hampshire
Bank Robber, Sexual Assaulter, With 40-Plus Year Criminal History, Wanted On Parole Violation: NH DOC
CONCORD, NH — The New Hampshire Department of Corrections is asking for the public’s help in finding a sex offender and robbery convict, with “violent tendencies,” who is wanted on a parole violation.
Michael J. Wells is 60, white, about 5 feet, 6 inches tall, and weighs around 150 lbs. He has dirty blond hair and hazel eyes. Officials said Wells sometimes uses the following aliases: “Michael Morris,” “Michael Morse,” and “Michael Kirby.” He has Tasmanian devil, star, moon, and skull tattoos on his right arm and a cross over a skull with a spider web on his left arm.
The warrant against Wells was issued by the New Hampshire Parole Board as well as Manchester police for duty to report, after accusing him of absconding from parole and failing to register as a sex offender.
“In December 1994,” an alert stated, “Wells was convicted of aggravated felonious sexual assault and as a result, is required to register as a Tier III sex offender for the remainder of his life. Wells is currently on Parole Supervision for robbery.”
In December 2018, Wells robbed the Citizens Bank in Manchester, passing a note stating, “I have a gun. No tracking. No dye bag. $20-$50 quickly. No alarm.” In August 2021, he committed the same offense under similar circumstances, officials said, after he was placed on escape status from the Calumet Transitional Housing Unit. He was arrested in Massachusetts a few weeks later.
Wells is known to frequent both Concord and Manchester.
Editor’s note: This post was derived from information supplied by the New Hampshire Department of Corrections and does not indicate a conviction. This link explains how to request the removal of a name from New Hampshire Patch police reports.
Wells criminal history dates back more than four decades, according to superior court records, after he was accused of forgery in Nashua in August 1985. In June 1988, he was convicted on one forgery charge.
Wells was accused of theft in 1990 and he pleaded guilty to the charge a month later.
Wells was accused of bail jumping in February 1989.
In 1994, Wells was accused of aggravated felonious sexual assault, sexual assault, and second-degree assault charges in Nashua. In December 1994, he pleaded guilty to the second-degree assault charge. Wells was found guilty by the court on one aggravated felonious sexual assault charge in January 1996.
Wells was also accused of escape in December 1998.
In 2005 and 2006, more charges were racked up, including four acts prohibited counts in Nashua, a false report to law enforcement, receiving stolen property, two acts prohibited counts in Salem, and forgery in Manchester. Wells was found guilty on two of the drug charges in Salem and the Manchester forgery charge, while the others were nolle prossed.
In April 2019, Wells was convicted on the December 2018 bank robbery charges. He was given a three-and-a-half-to-10-year sentence with 136 days of time served credit and a 10-to-20-year sentence, suspended for 10 years.
New Hampshire
N.H. lawmakers to vote on increasing tolls, civil rights, and k-12 education – The Boston Globe
One proposal (Senate Bill 627) would generate more than $53 million per year in estimated revenue for turnpike projects by essentially doubling what certain cars pay on the state’s toll roads.
The cash fare for Hampton’s main toll booth on Interstate 95, for example, would jump from $2 to $4 for cars and pickup trucks. The toll wouldn’t increase at all for motorists who use New Hampshire’s E-ZPass transponders.
“Surrounding states already have the same in-state discount structure in place,” Democratic Representative Martin Jack of Nashua wrote on behalf of a House committee that unanimously recommended the bill.
A potential hitch: Governor Kelly Ayotte. She’s expressed opposition to the whole toll-hiking idea, and proven she’s not afraid to use her veto pen.
Modifying civil rights standard
Another proposal (Senate Bill 464) would add a few words to the state’s Civil Rights Act. Instead of addressing conduct that is merely “motivated by” a legally protected characteristic, the proposed revision would address conduct that is “substantially motivated by hostility towards the victim’s” protected characteristic (such as their race, color, religion, national origin, ancestry, sexual orientation, sex, gender identity, or disability).
The prime sponsor, Republican Senator Daryl Abbas, an attorney, testified the change was small and aligned with the law’s intent. But the attorney who oversees the Civil Rights Unit at the New Hampshire Department of Justice, Sean Locke, testified in opposition, saying the proposal could reduce protections, especially since the meaning of “substantially” is somewhat vague.
The House is also weighing a proposed amendment that would add a few more words than Abbas’s version, potentially narrowing the Civil Rights Act’s applicability a bit further.
Open enrollment for K-12 schools
A third proposal up for a vote on Thursday (Senate Bill 101) would make every K-12 public school in New Hampshire an “open enrollment” school. That way, students could freely choose to transfer to a district other than the one where they live.
The proposed policy is controversial, partly because of how schools are funded. Districts rely mostly on local property taxes to cover their costs, as the state government chips in relatively little, and property tax rates vary widely from one community to the next. That generates concern about who will foot the bill when a student transfers.
In light of those concerns, Republicans are offering a compromise amendment to SB 101 that would require the state to provide more money per pupil that a district receives via open enrollment, as the New Hampshire Bulletin reported. Democrats are offering their own amendment to establish a study commission on this topic, rather than adopt the proposed policy now.
Lawmakers have until May 14 to take action on the bills that came from the other chamber, though they have until June 4 to iron out any discrepancies.
Amanda Gokee of the Globe staff contributed to this report.
This story appears in Globe NH | Morning Report, a free email newsletter focused on New Hampshire, including great coverage from the Boston Globe and links to interesting articles elsewhere. Sign up here.
Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.
Boston MedFlight often touches down at the scene of some of the worst tragedies in New England – where minutes can mean life or death for a victim. The critical care transport operation is now expanding with a new base in New Hampshire.
The organization is hosting an open house at the new Manchester location on Thursday.
Boston MedFlight flies a critical care transport paramedic and nurse on every flight. Jaik Hanley-McCarthy says their helicopters and ground vehicles are equipped to handle just about any emergency medical procedure.
“Anything that can be done in the ICU,” explained Hanley-McCarthy. “We have a mobile lab so we can draw blood and run labs in real time.”
Boston MedFlight now has five bases across the region.
“Having a base in Manchester just expands this Boston-level care even further north to the more remote areas of the state,” said Hanley-McCarthy.
Boston MedFlight operates as a network of bases and some of the locations are staffed 24 hours.
Chief Executive Officer Maura Hughes says the nonprofit operation survives on public and private donations.
“We provide about $7 million in free care every year to patients,” said Hughes. “Not every hospital can be everything to every patient. We’re really the glue that keeps the health care system together.”
Heather Young says her daughter, Teighan, is still alive because she was flown for a critical assessment and procedure after falling off a truck and hitting her head.
“She should not be driving and walking and talking and all the things she’s doing as quickly as she is,” said Young.
Teighan just turned 18 and plans to go to college to study the medical field.
“I want to be a nurse and help other people,” she said.
It’s stories like this that keep the men and women who work Boston MedFlight focused on their mission.
“I think we just go call by call and try to do the best we can,” said Hanley-McCarthy. “I think when we stop and truly think about it, I think that weight is pretty heavy.”
Boston MedFlight also has a yearly reunion where patients and the team get together here in Bedford to meet and check in on their progress. It really shows you how connected they are to the people they help.
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