New Hampshire
New Hampshire settles youth center abuse case for $10 million
CONCORD, N.H. — The New Hampshire attorney general’s office has agreed to a $10 million settlement in the case of a man who alleged that he was gang-raped in a stairwell at the state’s youth detention center in the 1990s.
Michael Gilpatrick’s lawsuit against the state would have been the second of more than 1,300 to go to trial, but instead both sides agreed to settle out of court, his lawyers said Saturday.
The payout is four times the maximum amount available to those who submit claims via the state’s settlement fund for abuse victims, though less than half the amount a jury awarded last May in another lawsuit, the first of its kind that went to trial. The $38 million verdict in that case remains in dispute as the state seeks to slash it to $475,000.
Gilpatrick, now 41, was 14 when he was sent to the Youth Development Center for three years in 1997. His lawsuit accused 10 staffers at the Manchester facility of sexual or physical abuse, including repeated rapes and being choked to the point of unconsciousness.
“There was nobody you could go to at YDC to talk to. You were literally stuck in your own thoughts, in your own fear every single day,” he said in a 2021 interview. “That place turned us into what we were. I can’t say what I am now because I’m a better person now. But coming out of that place, I was a monster.”
In one incident, Gilpatrick said, two staffers held him down in a stairwell while another raped him and a fourth man forced him to perform a sex act. Those allegations resulted in criminal charges against four former staffers whom Gilpatrick called a “hit squad;” two of them have faced trial so far.
Brad Asbury, 70, was sentenced to 20 to 40 years in prison after being convicted in November of being an accomplice to aggravated sexual assault. But jurors deadlocked in January on whether Stephen Murphy was guilty of rape, leading to a mistrial. Murphy, who denied assaulting Gilpatrick, faces three other trials related to other former residents.
“The four of them used to roll together, and they would go to different cottages and beat kids,” Gilpatrick testified at the first civil trial. “They would literally come over and just go door to door and beat every single one of us, down the line.”
The settlement spares Gilpatrick from what likely would have been another emotionally difficult court proceeding. He also testified at the two criminal trials, at times lashing out angrily at defense lawyers.
He said he did not tell anyone what happened to him at the time because dorm leaders were involved in the assault, and he then spent decades trying to bury his memories.
“Once I was about to accept the fact that it wasn’t my fault and I was able to stop blaming myself, I knew I had to say something,” he testified on Jan. 16.
Eleven former youth counselors have been arrested since the attorney general’s office began investigating the facility in 2019, though charges against one were dropped, another was found incompetent to stand trial and a third died awaiting trial. Two men have been convicted, and another case that ended in a hung jury is expected to be retried later this year.
The Associated Press generally does not identify those who say they were victims of sexual assault unless they have come forward publicly, as Gilpatrick and others have done.
The youth center, which once housed upward of 100 children but now typically serves fewer than a dozen, is named for former Gov. John H. Sununu. Lawmakers have approved closing the facility, which now only houses those accused or convicted of the most serious violent crimes, and replacing it with a much smaller one in a new location.
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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