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CONCORD, N.H. (AP) — Attorneys for a man who prevailed in a landmark lawsuit over abuse at New Hampshire’s youth detention center asked a judge Tuesday to reconvene and question jurors, some of whom have expressed dismay that the $38 million award could be slashed by nearly 99%.
A jury on Friday awarded $38 million to David Meehan, who alleged that the state’s negligence allowed him to be repeatedly raped, beaten and held in solitary confinement as a teenager at the Youth Development Center. But the attorney general’s office is seeking to reduce the award under a state law that allows claimants against the state to recover a maximum of $475,000 per “incident.”
Three distraught jurors have since contacted Meehan’s attorneys, including the jury foreperson, who described feeling “devastated” and “duped,” and another who said the state is misinterpreting the verdict.
No hearing has been scheduled, but here are some things to know about how the dispute unfolded.
Meehan, 42, went to police in 2017 and sued the state three years later. Since then, 11 former state workers have been arrested and more than 1,100 other former residents of what is now called the Sununu Youth Services Center have filed lawsuits alleging physical, sexual and emotional abuse spanning six decades. Charges against one former worker, Frank Davis, were dropped Tuesday after the 82-year-old was found incompetent to stand trial.
Meehan’s lawsuit was the first to go to trial. Over four weeks, his attorneys contended that the state encouraged a culture of abuse marked by pervasive brutality, corruption and a code of silence.
The state portrayed Meehan as a violent child, troublemaking teenager and delusional adult lying to get money. Defense attorneys also said the state was not liable for the conduct of rogue employees and that Meehan waited too long to sue.
Jurors unanimously agreed that Meehan filed his lawsuit in a timely fashion, that he was injured at the facility and that the state’s negligence caused his injuries. They awarded him $18 million in compensatory damages and an additional $20 million in enhanced damages after finding the state acted with reckless indifference or abused its power.
Jurors were unaware of the state law that caps damages at $475,000 per incident. When asked on the verdict form how many incidents they found Meehan had proven, they wrote “one.”
That’s where it gets tricky.
In pre-verdict discussions without the jury present, lawyers for the state argued that all of Meehan’s claims arose out of a single incident of alleged negligence. Meehan’s lawyers insisted that each act of physical or sexual abuse be counted as a separate incident, even those that happened simultaneously.
“Merely raping a kid is bad enough, but it’s even worse, and a separate incident, if it also involves hitting him in the head or kicking him in the ribs or other things to get him to comply,” Meehan’s attorney David Vicinanzo said.
At one point, the judge considered including a list of the type of abuse alleged on each date on the verdict form and asking jurors to determine whether an injury occurred and whether the state was liable. But the state argued that providing such a list would be prejudicial to Meehan’s side.
Judge Andrew Schulman said he disagreed with both parties and if forced to define “incident,” he would consider all the acts that happened in a given “episode” to be one incident. That put him closer to the plaintiff’s view, but in the end, he said he would leave it up to the state Supreme Court to settle.
“Why go out and define something that there’s a 50% chance of being wrong if it doesn’t need to be defined in the first place?” he said. “They can deal with it, but I don’t think I have to.”
Attorney Martha Gaythwaite, representing the state, did not address the issue in her closing statement to jurors. Vicinanzo told the jury that Meehan was raped an estimated 200 times, beaten 200 times and held in unjustified solitary confinement for roughly 100 days.
“I want to emphasize to you that the numbers are very important,” he said.
In his verbal instructions to the jury, Schulman said that rather than asking jurors to list “incident by incident” decisions, he asked for “just the number of incidents for which you find liability based on timely claims.” The verdict form itself defined incident as a “(a) single episode during which the plaintiff was injured; (b) for which injuries the jury has found DHHS liable in response to previous questions; (c) on claims the jury found to be timely claims in response to question 1.”
In response to that question, the jury wrote “one.”
One juror explained it like this:
“I can not state strongly enough that we the jury were in unanimous agreement that David suffers from ‘one’ incident/case of complex PTSD, as the result of 100+ episodes of abuse (physical, sexual, and emotional) that he sustained at the hands of the State’s neglect and abuse of their own power,” the juror wrote to Meehan’s attorneys on Sunday. “We wrote one incident, because the PTSD will last with David forever and could never be clearly defined by a date or a single episode.”
In an earlier message, the juror said the question’s wording was “wrong” and criticized the state for its interpretation of the answer. In separate emails to the attorneys, the jury foreperson described a sleepless night of crying after learning about the cap.
“We had no idea,” the jury foreperson wrote. “Had we known that the settlement amount was to be on a per incident basis, I assure you, our outcome would have reflected it.”
The state has not yet responded to the motion to reconvene the jury. But earlier Tuesday, it filed an objection to Meehan’s initial request for a hearing, saying there was no legal basis for relief with respect to the jury’s “unambiguous” finding of one incident. As for not being told of the cap, Assistant Attorney General Brandon Chase noted that the judge expressly ruled that the jury would not be informed of it, in keeping with judicial precedents. In criminal trials, for example, juries generally are not told of the penalties a defendant will face if convicted to avoid affecting the outcome, he noted.
Meehan’s attorneys, however, insist the judge is obligated to poll the jury when it appears a jury has misconceived its duty.
“This is not a case in which the moving party is speculating about jury error in some way grasping at straws,” the wrote. “It is a case in which three of twelve jurors have taken their duty seriously enough to come forward and attempt to correct what they perceive to be a miscarriage of justice.
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The son of Cher is scheduled to be in court Wednesday for a hearing over allegations he broke into a New Hampshire home earlier this month.
It was the second arrest in a matter of days for Elijah Allman, 49, of Malibu, California, who was detained Feb. 27 after allegedly acting belligerently at a prestigious prep school in New Hampshire. It was unclear if Allman had any connection to either St. Paul’s School or the home in Windham, New Hampshire.
Allman remains in the Rockingham County Department of Corrections in what is called preventive detention, Superintendent Jonathan Banville said.
Allman, whose father was the late singer Gregg Allman, faces two counts of criminal mischief, one count of burglary and a count of breach of bail for breaking into the home on March 1. Police said in a report that Allman did not have permission to be at the home and forcibly entered it .
In the incident at the prep school, Allman was charged with four misdemeanors: two counts of simple assault, criminal trespass and criminal threatening. Allman was also charged with a violation of disorderly conduct, which is illegal in the state but not considered a crime.
At about 7 p.m. that day, Concord police responded to reports that Allman was disturbing people in the dining hall of St. Paul’s School. After charging Allman, police said he was released on bail as his case works through the court system.
Allman did not respond to an email requesting comment, and a phone number for him was not working. It was unclear from the court records if Allman has an attorney.
In December 2023, Cher filed a petition to become a temporary conservator overseeing her son’s money, saying Allman struggles with mental health issues and addiction have left him unable to manage his assets and potentially put his life in danger.
The petition from the singer and actress said Elijah Allman is entitled to regular payments from a trust fund. But “given his ongoing mental health and substance abuse issues,” she is “concerned that any funds distributed to Elijah will be immediately spent on drugs, leaving Elijah with no assets to provide for himself and putting Elijah’s life at risk,” the petition says.
A few weeks later, Los Angeles Superior Court Judge Jessica Uzcategui denied the request, saying she was not convinced that a conservatorship was urgently needed. Allman was in the courtroom with his his attorneys, who acknowledged his previous struggles but argued that he is in a good place now, attending meetings, getting treatment and reconciling with his previously estranged wife.
As the U.S.-Israeli war with Iran overtakes the foreign policy debate in Washington, two Democratic governors with potential 2028 presidential aspirations — Gavin Newsom and Andy Beshear — recently traveled to New Hampshire, introducing themselves to the state’s famously engaged voters. The two weighed in on the war and both criticized and questioned President Trump’s strategy and endgame.
“If a president is going to take a country into war, and risk the lives of American troops and Americans in the region, he has to have a real justification and not one that seems to change every five to 10 hours,” Beshear told CBS News after a Democratic fundraiser in Keene.
“This President seems to use force before ever trying diplomacy, and he has a duty to sell it to the American people and to address Congress with it,” Beshear continued. “He hasn’t done any of that. In fact, it appears there isn’t even a plan for what success looks like. He’s gone from regime change to strategic objectives and now is talking about unconditional surrender, which isn’t realistic where he is.”
Beshear also said he thought that Congress should have reined in Mr. Trump’s war powers.
“He is trying to ignore Congress. He’s trying to even ignore the American people,” Beshear said.
He went on to note that the president’s State of the Union address took place “three — four days before he launched this attack,” and Mr. Trump “didn’t even have the respect to tell the American people the threat that he thought Iran posed to us.”
Last week, both the House and the Senate failed to pass resolutions to limit Mr. Trump’s war powers and stop him from taking further military action against Iran without congressional support.
For Newsom, the war with Iran constitutes part of a broader criticism of Israeli Prime Minister Benjamin Netanyahu.
At an event last Tuesday in Los Angeles, Newsom had compared Israel to an “apartheid state.” Later, in New Hampshire, he sought to clarify his comment.
“I was specifically referring to a Tom Friedman [New York Times] column last week, where Tom used that word of apartheid as it relates to the direction Bibi is going, particularly on the annexation of the West Bank,” Newsom explained during a book tour event Thursday night in Portsmouth. “I’m very angry, with what he is doing and why he’s doing it, what he’s going to ultimately try to do to the Supreme Court there, what he’s trying to do to save his own political career.”
Friedman wrote that at the same time that the U.S. and Israel are prosecuting a war in Iran, within Israel, Netanyahu’s government has undertaken efforts to annex the West Bank, driving Palestinians from their homes; fire the attorney general who is leading the prosecution against Netanyahu for corruption; and block the government’s attempt to establish a commission to examine the failures that led up to the Oct. 7, 2023, massacre of Jews by Hamas.
CBS News has reached out to the Israeli Embassy in Washington, D.C., for comment.
On Iran, Newsom said, “I’m very angry about this war, with all due respect, you know, not because I’m angry the supreme leader is dead. Quite the contrary. I’m not naive about the last 37 years of his reign. Forty-seven years since ’79 — the revolution,” Newsom said. “But I’m also mindful that you have a president who still is inarticulate and incapable of giving us the rationale of why? Why now? What’s the endgame?”
Many attendees at Newsom’s book event said that the situation in Iran is a top-of-mind issue for them, too. Some said they’re “horrified” by what is happening.
29-year-old Alicia Marr told CBS News she decided to attend Newsom’s event because of his social media response to the war with Iran.
“There was one spot left, and I decided to pick it up, and it was due to his response to the war, that it is just unacceptable, and I would agree with that,” Marr said.
While some voters like Marr are eager to hear about where potential candidates stand on foreign policy, many at Newsom’s event said they care most about how potential candidates plan to address domestic issues.
“I’m more focused on getting the middle class back on track and fighting the oligarchy, and I’m less invested in international issues,” said Anita Alden, who also attended Newsom’s event,
“I wouldn’t call myself America first, but we have so many problems at home that are my priority,” she told CBS News.
Former Vice President Kamala Harris, who may also be weighing another White House bid, told Fox 2 Detroit last week that she “unequivocally opposes” the Trump administration’s military action in Iran and urged Congress to take action.
“If we want to stop Donald Trump with this random decision that he has arrived at, then Congress must act, and Congress must act immediately. The American people do not want our sons and daughters to go into this unauthorized war of choice,” Harris said.
Mr. Trump has lashed out against Democrats who have pushed back on his Iran strategy, calling them “losers” last week and arguing that they would criticize any decision he made on Iran.
“If I did it, it’s no good. If I didn’t do it, they would have said the opposite, that you should have done this,” the president said.
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