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New Hampshire

John Doe cops asking N.H. Supreme Court to spare their reputations – The Boston Globe

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John Doe cops asking N.H. Supreme Court to spare their reputations – The Boston Globe


While each lawsuit turns on its own set of facts, these cases together reflect long-running debate over the extent to which information about police misconduct must be made public. They could also clarify whether off-the-job misconduct or relatively minor incidents justify putting an officer’s name on the list.

“These are really important cases concerning the standard that’s going to be applied with respect to when an officer is placed on the list,” said Gilles Bissonnette, legal director at the American Civil Liberties Union of New Hampshire.

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The ACLU and the New Hampshire Department of Justice haven’t always seen eye to eye on how transparent the state should be about its Exculpatory Evidence Schedule, but Bissonnette said the DOJ deserves a lot of credit for its careful approach to interpreting the constitutional and statutory factors at play in determining which officers to place on the list.

“The attorney general’s office — this attorney general and prior attorneys general — clearly have taken seriously that obligation concerning placement and are doing a commendable job in litigating these cases,” he said.

Prosecutors have a constitutional obligation to disclose evidence that could help defendants poke holes in the criminal charges brought against them, including evidence from police personnel files. In 1995, because prosecutors had withheld records that reflected poorly on the character and credibility of a detective who testified against Carl Laurie at trial, the New Hampshire Supreme Court overturned Laurie’s first-degree murder conviction.

That led the DOJ to keep what was known as the “Laurie List,” a tool to help prosecutors identify officers with known credibility issues, whose personnel files could include exculpatory evidence that may need to be disclosed to defendants.

The list, which became known as the Exculpatory Evidence Schedule, was kept confidential for decades. But the New Hampshire Supreme Court ruled in 2020 that it isn’t exempt from disclosure under the state’s public records law. The legislature then enacted a statute in 2021 to designate the list as a public record and establish a process and timeline for officers to file lawsuits challenging their placement on the list.

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Of the 266 names now listed, 50 remain redacted from public view as dozens of John Doe lawsuits move through the judicial system, according to the DOJ’s latest quarterly update.

Brandon F. Chase, an assistant attorney general, said all of this week’s oral arguments about the list revolve around what exactly that 2021 law means when it refers to “potentially exculpatory” evidence.

“A couple have a few other issues folded in — like staleness of conduct or due process requirements — but the primary issue is the meaning of ‘potentially exculpatory’ under the statute,” he said.

An attorney for the officers, Marc G. Beaudoin, said these cases are also about the state’s duty to protect the due process rights of law enforcement personnel.

“What you’re trying to balance out here is the criminal defendant’s right to any exculpatory information that’s in a personnel file versus a police officer’s property rights in their good name,” Beaudoin said.

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Little information is available publicly about the lawsuits filed pseudonymously under seal in superior courts across the state. But the ACLU intervened last year in at least eight cases and successfully argued redacted filings must be made public when an appeal reaches the New Hampshire Supreme Court.

The redacted filings do not identify plaintiffs, but they do shed some light on the nature of the underlying disputes.

The first of the five cases up for oral arguments this week pertains to a Manchester police officer who resigned after his arrest in 2020 for drunken driving. The trial court agreed his off-duty misconduct was irrelevant to the Exculpatory Evidence Schedule, but the DOJ appealed, arguing it is statutorily obligated to include his name on the list.

The second case involves a Hanover police officer who was suspended for two weeks for forging a doctor’s signature on a medical clearance form. That incident was removed from his personnel file after he went five years without any further issues, but his name was added to the list in 2021 anyway. He sued, lost, and appealed.

The third case pertains to a Hanover police officer whose name was added to the list in 2021 based on decades-old allegations that he had been dishonest during a job application and interview process with another agency. He maintains he never lied or withheld information intentionally.

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The fourth involves an off-duty Salem police officer who led colleagues on a high-speed chase as a prank. He was given a one-day suspension and later pleaded guilty to a speeding violation. (The redacted court records do not name him, but news reports and a DOJ press release indicate Sergeant Michael Verrocchi reached an agreement in 2021 stemming from the 2012 incident.)

The fifth case relates to a Nashua police officer who responded to a domestic disturbance in 2011 and served a temporary restraining order but did not immediately seek to enforce the terms of the order. The officer has been trying since 2018 to have his name removed from the list.

The four additional cases that will be submitted this month on written briefs, without oral argument, pertain to four New Hampshire State Police troopers. The first trooper falsely claimed he hadn’t received an email attachment; the second concealed a local police chief’s drunken driving more than 20 years ago; the third sent inappropriate text messages to arrestees and lied about it; and the fourth was accused of being untruthful about his status as a trustee for his aunt, according to the redacted court records.

These cases come after a joint lawsuit from three troopers went before the Supreme Court for oral arguments last June. In that case, the troopers padded their activity logs more than 20 years ago to artificially inflate the number of traffic stops they told their bosses they had performed.

Beaudoin argued the only rationale for keeping the names of those three now-retired troopers on the Exculpatory Evidence Schedule would be to publicly shame them, which isn’t the purpose of the list. He argued the state’s process for disputing placement on the list is too difficult.

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“Right now, it is virtually impossible to be removed from the list due to the expansive nature of the word ‘potentially,’” he told the justices.

Emily C. Goering, an assistant attorney general, argued the plaintiffs were muddying the waters. The two key questions for courts to consider when reviewing an individual’s placement on the list, she said, are whether the underlying conduct was potentially exculpatory and whether the officer received due process.

“Despite the fact that the conduct might have occurred 20 years ago, it speaks to the petitioners’ general credibility, their recitation of events, their reliability,” she said. “That’s exactly the kind of information that can be beneficial to a criminal defendant or a criminal defense attorney.”

Goering said the DOJ doesn’t have discretion to pick and choose which officers with potentially exculpatory evidence in their personnel files will be included on the list. For the document to be an effective tool, she said, it needs to cast “the widest net.”

One of the five justices who heard those oral arguments, Gary E. Hicks, has since retired. His successor, Melissa B. Countway, will review written briefs and a recording of the oral arguments to participate in the court’s decision, according to an order Chief Justice Gordon J. MacDonald issued in January.

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MacDonald, who served as attorney general before his 2021 appointment to the court, drafted a memo in 2018 that updated earlier guidance on the Exculpatory Evidence Schedule. His memo drew criticism from the ACLU after he and Governor Chris Sununu announced the changes as protecting the due process rights of police.

MacDonald didn’t recuse himself from the oral argument last June and didn’t recuse himself from the cases on Tuesday’s calendar, but he has recused himself from four cases on Thursday’s calendar.

A court spokesperson, Av Harris, said disqualification is determined on a case-by-case basis under the New Hampshire Code of Judicial Conduct, and MacDonald has recused himself from presiding over cases when the attorney general’s office was “substantially involved in the case on appeal” during his time in that office.

“For the other cases, Chief Justice MacDonald is not disqualified and is complying with his constitutional duty to hear the appeals,” Harris added.

Another justice, Anna Barbara Hantz Marconi, has recused herself from all the Exculpatory Evidence Schedule cases coming before the court this month based on a situation involving her husband, Geno Marconi, the long-serving director of the New Hampshire Port Authority, who was placed on leave in April for reasons that remain unclear.

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Harris said last week that Hantz Marconi recused herself from cases involving the attorney general’s office based on her understanding that the office was advising the Pease Development Authority, which oversees the Port Authority, with respect to her husband’s work.

A spokesperson for the DOJ said the attorney general’s office advises the Division of Ports and Harbors, but will not comment on attorney-client communications, personnel actions, or judicial recusals.


Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.





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New Hampshire

Can NH Dems turn big buzz into victory for Harris?

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Can NH Dems turn big buzz into victory for Harris?


CONCORD — Out of Joe Biden’s shadow, Vice President Kamala Harris’s historic campaign to become the nation’s first woman president began well here this past week, though she didn’t lack for detractors.

“I think Granite Staters are really excited to have Kamala Harris at the top of the ticket,” said Craig Brown, who was state director of her 2020 presidential run.

A wide open race






Then-candidates Joe Biden and Kamala Harris spar during a 2020 Democratic presidential debate in Detroit in August 2019. Some observers say Harris’s performance then makes them look forward to a debate with Donald Trump.

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Appeal to youth







State Democratic press conference

New Hampshire Democratic Party Chair Ray Buckley conducts a press briefing with fellow democrats including Sen. Becky Whitley (D-Hopkinton) at a party office in downtown Nashua on Wednesday.

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Mangipudi and Harris

State Rep. Latha Mangipudi, D-Nashua, talks with then-U.S. Sen. Kamala Harris during Harris’s presidential campaign stop in Nashua in May 2019.

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A surge of energy



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New Hampshire

Kamala Harris Takes State From Donald Trump in New Poll

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Kamala Harris Takes State From Donald Trump in New Poll


Kamala Harris has a significant lead over Donald Trump in New Hampshire, according to new polling data.

In the first public survey of New Hampshire voters since Joe Biden dropped out of the presidential race, Harris has a lead of 6 points over the former president.

The poll conducted by the University of New Hampshire between July 23 and 25, shows Harris with a 49 to 43 percent lead over Trump. The poll surveyed 3,016 people and had a margin of error of 1.8 percent.

In a Saint Anselm College Survey Center (SASC) poll of 2,083 New Hampshire registered voters conducted between July 24 and 25, Harris had a 50-44 percent margin over Trump. The poll had a 2.1 percent margin of error.

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Harris was not previously leading in the state. In a poll conducted by the New Hampshire Journal and Praecones Analytica after the Republican convention but before Joe Biden announced his withdrawal from the 2024 campaign, when Harris was matched up against Trump in a head-to-head, her Republican rival was leading her by one point, on 40 percent to her 39 percent.

In the same poll, Trump and Biden were essentially tied, with Trump on 39.7 and Biden on 39.4 percent.

Vice President Kamala Harris speaks in Houston, Texas, on July 25, 2024. She is leading Donald Trump by 6 points in New Hampshire.

Montinique Monroe/Getty Images

New Hampshire has voted Democratic in all but one election since 1992, but it is considered a battleground state in most election cycles because control of its state legislature and congressional seats have switched back and forth between Republicans and Democrats.

In 2020, Biden won the state with 52 percent of the vote to Trump’s 45 percent, while in 2016, Hillary Clinton was able to carry the state by around 2,700 votes.

Neil Levesque, Executive Director of the New Hampshire Institute of Politics, noted: “With President Biden’s endorsement and the Democratic campaign’s shift to Harris, she has emerged with a consolidated party support, which enhances her standing against Trump among New Hampshire voters.”

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Levesque added: “Harris has achieved a level of partisan enthusiasm that Biden did not, especially among the liberal base: 94 percent of Democratic voters now support Harris, a noticeable increase from Biden’s 82 percent in June. As Harris takes the lead in the campaign, shifts in voter perceptions are expected to continue.”

Multiple polls have put Harris in the lead over Trump since she became the front runner for the Democratic nomination.

In a poll conducted by Morning Consult between July 22 and 24, Harris was leading Trump by one point, with 46 percent supporting Harris to Trump’s 45 percent.

And a Reuters/Ipsos poll conducted on Monday and Tuesday showed Harris with a 2-point lead over Trump, with 44 percent of those polled supporting her in a head-to-head contest with the Republican, while 42 percent backed the former president. The poll had a margin of error of 3 percentage points.

However, not all the polls are favorable to Harris. In the latest poll conducted by the New York Times and Siena College, Trump was leading Harris by 2 points among registered voters and 1 point among likely voters.

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Another poll conducted by Morning Consult after Biden ended his reelection campaign showed Trump had a 2-point lead over Harris, with 47 percent supporting the former president compared to 45 percent backing Harris.

The poll also showed that Trump’s margin over the Democrats had decreased. The former president was now only 2 points ahead of Harris, after a previous survey by the same pollsters put Trump four points ahead of Biden—46 percent to the president’s 42 percent.

Uncommon Knowledge

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

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New Hampshire

Michigan Gov. Gretchen Whitmer, in NH, touts Kamala Harris and ‘new sense of energy’

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Michigan Gov. Gretchen Whitmer, in NH, touts Kamala Harris and ‘new sense of energy’


NASHUA — Michigan Gov. Gretchen Whitmer said Vice President Kamala Harris “should be bold” when choosing her running mate.

While the two-term governor is one of at least seven Democrats being vetted by the Harris campaign, she has repeatedly said that she not interested in the position. She reiterated that to reporters on Thursday in New Hampshire, saying she’s “not going anywhere” and remains committed to her role as Michigan’s governor.

Whitmer said the current field of vice presidential candidates, which includes Arizona Sen. Mark Kelly, Pennsylvania Gov. Josh Shapiro, and fellow Michigander Secretary of Transportation Pete Buttigieg, are all “wonderful.” 

“I am a little biased toward governors because, you know, I think executive experience would be a helpful thing in the White House. But Mark Kelly is fantastic, Josh Shapiro, there’s just a great list of people that I know that they’re talking to,” Whitmer said. “As a governor who handpicks my running mate in Michigan, I just know that having someone that you can trust who shares your values, and that you get along with, I think, is paramount and only she can make that decision.”

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While the current field is largely white men, Whitmer said she believes Harris “feels the same way” that they should be “bold” with their choice, adding two women or two people of color on the presidential ticket would be “exciting.”

Whitmer says Harris brings renewed sense of energy in 2024 election

Whitmer was in New Hampshire on behalf of Harris and in her capacity as a co-chair of Harris’ campaign, a similar role she had with President Joe Biden’s campaign prior to him dropping out of the race and endorsing Harris.

In front of a small crowd at Liquid Therapy in Nashua, she touched on topics ranging from reproductive freedom to Project 2025 in a discussion moderated by former House Speaker Terie Norelli, a Democrat from Portsmouth.

It was Whitmer’s first visit to the Granite State. She said she chose to visit now because “people in New Hampshire matter” and the Harris campaign is taking “no vote, no community for granted.” She emphasized the importance of connecting with those across the country who may find the political news cycle “overwhelming.”

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Like New Hampshire, Michigan is a swing state that will be critical for either party to secure victory in the presidential election. New Hampshire has four electoral votes while Michigan has 15 and is considered a key battleground state.

Both states have tended to vote Democratic, but former President Donald Trump, the Republican nominee, won Michigan in 2016, before losing the state to Biden in 2020. Trump led Biden in recent polling in New Hampshire, where Biden won in 2020 and Hillary Clinton won in 2016.

Biden’s exit was a surprise to her, Whitmer said, and she emphasized her gratitude for the “sacrifices he made on behalf of others.” But since he exited the race, Whitmer said she’s seen a renewed sense of energy and excitement, something that she doesn’t normally see this early in an election.

“It is going to be joyous, inclusive, future-forward-looking convention,” Whitmer said of the Democratic National Convention, scheduled to take place from Aug. 19-22 in Chicago. “November 5, then, after polls close, we can have a cocktail and cheers to Madam President.”



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