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New Hampshire
Judge asked to question jurors who awarded $38 million in New Hampshire youth center abuse case
Crime
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.”
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.
The trial
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.
The verdict
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.”
What counts as an incident?
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.”
But what did they mean?
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.”
What happens next?
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.
The federal government has activated the New Hampshire National Guard’s 157th Air Refueling Wing in connection with the war with Iran.
“I’ve had a briefing myself, a classified briefing, but it’s really important on the messaging on this that we really coordinate with the Pentagon,” Gov. Kelly Ayotte told reporters during a press briefing following Wednesday’s Executive Council meeting.
Ayotte said she was unable to share additional details about the nature of the New Hampshire National Guard’s activity related to the conflict, including how many guard members have been activated or what role they are playing.
“We’re going to respect what messaging comes out of the Pentagon just to make sure that our men and women in uniform are fully protected and that we aren’t providing any information that could be used in a way that would be harmful to them,” Ayotte said.
In a statement Thursday, Ayotte said the unit had been deployed in late February to the U.S. Central Command area of responsibility in support of the operation.
Earlier this week, Pentagon officials confirmed that members of the Vermont National Guard were involved in attacks against Iran over the weekend, though our news partners at Vermont Public were not able to confirm additional details on the nature of the operation.
During the briefing with local reporters, Ayotte also stressed her support for servicemembers and those close to them.
“I have such respect for our men and women in uniform,” Ayotte said. “As you know, I come from a military family, and they have our full support, and we appreciate them and their families, and obviously anyone who is serving right now, and my thoughts and prayers go out to those who have lost someone that they love.”
By PAULA TRACY, InDepthNH.org
CONCORD – While Republican Gov. Kelly Ayotte has said she opposes increasing highway toll rates across the state, the Senate voted Thursday to increase rates for out-of-state license plate holders.
It now goes to the House for consideration.
This would be a $1 increase for those who have out of state plates going through the tolls at Hooksett, Hampton and Bedford for out-of-state plates, a 75 cent hike for those taking Hampton’s Exit 2 and on the Spaulding turnpike at Rochester, and a 50 cent hike for those taking the exit off I-93 to Hooksett.
An analysis in the bill shows that this would increase toll revenue by $53.3 million in fiscal year 2027 and go up each year to generate $81.4 million a year in 2036.
Senate Bill 627 passed on a voice vote with two Republicans, Senators Regina Birdsell of Hampstead and William Gannon of Sandown opposing.
Senator Mark E. McConkey, R-Freedom, moved to take the bill off the table and offered an amendment.
He said the last time there was a systemwide increase to the turnpike toll was 19 years ago.
“I am sure we could all agree the cost of operations…has continued to escalate when revenue is not rising with it,” and he noted that with an enterprise fund, the state can only spend what it takes in.
The state has just completed a 10-year highway plan and there was a $400 million shortfall in projects that could not be paid for under the current income.
McConkey said the measure would not increase tolls for New Hampshire drivers with a state license plate.
“Why don’t we ask our neighbors,” to pay a toll increase. “We are getting the best of all worlds,” by passing the bill, he said, including “protecting our residents” and having resources for improvements to the turnpike system.
Sen. Gannon, R-Sandown, asked McConkey if there are any studies on impacts near the border on businesses.
If implemented, McConkey said the state will be the 27th lowest in per mile cost still. McConkey said the bill would also increase from seven to 14 days the amount of time for those with NH license plates to pay for a toll adding there are other states that also have different rates for out-of-state users.
The Hampton toll cost would go from $2 to $3, while Hooksett and Bedford would rise from $1 to $2 for out-of-state plates.
New Hampshire currently has the lowest rate per mile among states with tolls roads.
The governor said she does not support a toll increase.
“We are not going to put a burden on drivers for a toll increase,” Ayotte said. “Families are struggling.”
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