New Hampshire
NH Supreme Court Considers Camp Fatima Sex Abuse Lawsuit
By DAMIEN FISHER, InDepthNH.org
CONCORD – It’s now up to three judges whether or not a man who says he was raped by Fr. Karl Dowd is allowed to seek justice under the New Hampshire constitution.
The case illustrates the conflict between legislature’s 2020 law that removes the statute of limitations in child sex abuse civil complaints and Article 23 of the New Hampshire Constitution, which prohibits retroactive application of new laws.
The alleged victim, who claims he was raped in the 1970s while he was at a summer camp run by the Diocese of Manchester, brought his lawsuit in 2023. Under long-standing New Hampshire law, the man’s deadline to bring a lawsuit against the Church passed in the 1980s.
While the legislature removed the statute of limitations for child sex abuse complaints in 2020, the Diocese argues the legislature cannot pass laws that violate the constitution.
A skeleton-crew Court heard arguments Wednesday from attorney Scott Harris, representing the victim, and Olivia Bensinger, representing the Diocese. Supreme Court Associate Justices Patrick Donovan and Melissa Countway were joined by Superior Court Justice Charles Temple to hear the case.
Associate Justice James Bassett did not take part in the arguments due to his pending retirement, and Chief Justice Gordon MacDonald is disqualified from the case.
The victim’s lawsuit was dismissed last year when Superior Court Judge Elizabeth Leonard ruled that the law cannot be applied retroactively.
“The prohibition against retrospective application of laws under Article 23 of the New Hampshire Constitution must be respected in this case because “[r]etrospective laws are highly injurious, oppressive, and unjust” in every case, Leonard wrote.
Statute of limitations harm victims, enable abusers, and pervert justice, according to Harris. The 2020 law is absolutely meant to apply retroactively for people like the alleged victim, Harris said.
“The language could not have been clearer,” Harris said.
Victims of childhood abuse can take decades to even acknowledge what they suffered, and by the time they are ready to make a report the law closes the door on their ability to seek justice. The 2020 law ending limits for child sex abuse victims is a clear solution the legislature came up with to help victims, Harris said.
The 2020 law does not include any reference to retroactive enforcement. According to Harris, that is because the law is intended to apply retroactively.
“Our legislature would have included that language if they thought it necessary,” Harris said.
But Bensinger argued such language on retroactive enforcement isn’t needed since it is assumed that laws must comply with the constitution.
“[The 2020 legislature] knew the constitution protects against retroactivity,” Bensinger said.
The right to a statute of limitations defense is a vested right for all defendants, Bensinger said, and any change to the limits must also account for the constitution. Donovan expressed skepticism at Bensinger’s interpretation of the law.
“It seems to me that you’re reading language into the statute that isn’t there,” Donovan said.
Dowd was the priest in charge of the diocese’s Camp Fatima and Camp Bernadette for decades despite serious red flags. Dowd was promoted by the diocese in 1971 to be the camp director, after a prior sexual assault complaint at St. Bernard Parish in Keene where Dowd was accused of abusing a 16-year-old boy.
During Dowd’s leadership at Camp Fatima the summer camp become an abyss of child sex abuse, according to court records, with multiple priests and religious staffers raping the boys.
“Several other boys who attended Camp Fatima alleged that Dowd sexually abused them, including one man who alleged he was abused more than 100 times before 1975. Id. The abuse was so pervasive at the Camp that one former camper stated, ‘it was nothing to see somebody take a little kid, go into a cabin, [and] close all the shutters,’” court records state.
Camp Fatima is in Gilmanton Iron Works.
The alleged victim claims he was first assaulted by Dowd when other staffers directed the boy to hide in a particular cabin. The camp staffers were playing a game known as “strip the campers,” in which the boys were chased and forcibly stripped if caught by the staff. The victim was told he could avoid being stripped by going into the cabin, according to court records.
The alleged victim went into the cabin alone, and saw it was furnished with a bed. Dowd soon entered, joined him on the bed, and allegedly began his assault.
“Dowd proceeded to sexually assault the plaintiff while telling him that ‘God loved him and wanted him there, and so did Dowd,’” according to court records.
Dowd was the camp director until 1990. Dowd’s notorious abuse wasn’t known to the public until after he died in 2002 when several former campers came forward. But the victim alleges the diocese knew that Dowd sexually assaulted children.
Several former campers filed a class action lawsuit against the diocese in 2002, months after Dowd died while on vacation in Florida. That lawsuit was later settled out of court.
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.
New Hampshire
Boston MedFlight expands into NH
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.
New Hampshire
Hiker who set out in warm spring weather found dead after snowstorm in New Hampshire mountains
NEWYou can now listen to Fox News articles!
A Massachusetts hiker who set out in warm spring weather was found dead deep in New Hampshire’s White Mountains after a snowstorm dumped several inches of snow in the area, authorities said.
Kent Wood, 61, of West Roxbury, was discovered Tuesday evening on a remote section of the Kinsman Pond Trail in Franconia Notch, about 5.5 miles from his vehicle, according to New Hampshire Fish and Game.
Wood had driven to Franconia Notch on April 17 for a weekend camping and hiking trip, and set out on a hike the next morning in warm, clear weather, officials said. Family and friends last heard from him Saturday afternoon.
When he failed to return or make contact for two days, officials said relatives reported him missing Tuesday morning, prompting a large-scale search.
HIKER IDENTIFIED, POPULAR TRAIL CLOSED AFTER DEADLY FALL A UTAH’S ZION NATIONAL PARK
An aerial view of Franconia Notch State Park in New Hampshire, where a hiker was found dead on Tuesday. (Joseph Sohm/Universal Images Group, File)
Rescuers quickly learned Wood had packed for mild conditions, not the three to five inches of snow that fell in the area between Sunday and Monday.
Fog hovers over a narrow road through Franconia Notch in the White Mountain National Forest in New Hampshire on Dec. 27, 2021. (Andrew Lichtenstein/Corbis)
Search teams from Fish and Game, PEMI Valley Search and Rescue, and the Army National Guard launched a coordinated effort, focusing on the Lonesome Lake and Kinsman Pond areas.
FAMILY’S SPRING BREAK HIKE TURNS INTO LIFE-OR-DEATH RESCUE AFTER PARENT FALLS 70 FEET OFF UTAH CLIFF
Conservation officers located Wood’s body around 7:41 p.m. Tuesday. Crews carried him out overnight, reaching the trailhead shortly after 1 a.m. Wednesday.
Franconia Notch and the Appalachian Trail are seen in New Hampshire on Sept. 21. (Carol M. Highsmith/Buyenlarge/Getty Images)
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
Since Friday, six hikers from Massachusetts have been rescued in the White Mountains, Fish and Game said.
Officials are reminding hikers that winter conditions still grip the mountains, with snow, freezing temperatures and rapidly changing weather.
-
Fitness1 minute ago
Jane Fonda was in her 40s when she changed the way we exercise
-
Movie Reviews13 minutes agoMovie Review: The Mortuary Assistant – HorrorFuel.com: Reviews, Ratings and Where to Watch the Best Horror Movies & TV Shows
-
World25 minutes ago
Meta slashes 8,000 jobs, or 10% of its workforce, as Microsoft offers buyouts
-
News31 minutes agoTrump Says Israel and Lebanon Agree to Extend Cease-Fire by Three Weeks
-
Politics37 minutes agoTrump Reposts Anti-Immigrant Tirade Calling China and India ‘Hellhole’ Places
-
Business43 minutes agoNike to Cut 1,400 Jobs as Part of Its Turnaround Plan
-
Science49 minutes agoNew Gene Therapy Enables Children With a Rare Form of Deafness to Hear
-
Health55 minutes agoFibermaxxing Snacks Make Weight Loss Easy—Hunger Doesn’t Stand a Chance