Kim Lacasse, winner of the 2014 Annette P. Schmitt Unsung Hero Award, is a member of the Pub Mania Dream Team Supreme team, not the Cafe Deja Vu team, as was incorrectly reported in Friday's edition. The Cafe Deja Vu team is, however, the highest earning team for the last two years in Pub Mania, the top fundraising event that feeds into the annual WLNH Children's Auction.
Last Updated on Saturday, 19 July 2014 12:14
CIRCUIT COURT — An Epsom man was ordered held on $75,000 cash bail after appearing in the 4th Circuit Court, Laconia Division yesterday after being charged with one count of pattern rape that allegedly occurred in Barnstead more than two decades ago.
The statute of limitations for rape is typically six years, meaning the victim has six years from the time of the allegedly assault to report it to police. Recent changes in the law allow that if a person was under 18 at the time of the assault, he or she has until the age of 40 to report the assault to authorities.
Attorneys for Kenneth Day, 67, reserved their right to argue bail and a probable cause hearing has been scheduled for August 1 at 1 p.m.
The state was represented by Belknap County Deputy Attorney General Carley Ahern, who said the particulars of the case are very disturbing. At her request the court seals the complaints, the affidavits supporting Day's arrest, and issued a retracted version of his bail conditions.
She said the complaints stem from Day's allegedly acts from 1991 through 1996.
The case was allegedly triggered when two women walked into the Barnstead Police station and said Day allegedly assaulted them when they were children.
Police along with the Belknap County Sheriff's Department launched an investigation and determined there could have been as many as 300 separate alleged incidents of rape allegedly committed by Day.
Ahern said the one charge is a pattern of sexual assault charge meaning the assaults occurred twice or more over a time span of at least two months but less than five years.'
Should he post the $75,000 cash bail, Day is ordered to report immediately to the N.H Department of Probation and Parole, not to leave the state, to sign a waiver of extradition, and to not have any unsupervised contact with children under age 16.
He is also ordered not to consume any alcohol or unlawful drugs.
Day is being held in the Belknap County House of Corrections.
Last Updated on Saturday, 19 July 2014 12:07
LACONIA — The Belknap County Commission has withheld comment on the suit brought against by it the Belknap County Convention, pending consultation with legal counsel. However, earlier correspondence about the issues at stake and prospect of litigation from Sharon Cuddy Somers of Donahue, Tucker & Ciandella, the attorney representing the commissioners, foreshadows the arguments she will present in their defense.
After wrangling over the last two county budgets, last week on behalf of the convention, Representatives Colette Worsman (R-Meredith), the chair, and Richard Burchell (R-Gilmanton), the clerk, brought suit against the Belknap County Commission, asking the Belknap County Superior Court to affirm its authority over each of the individual line items within the budget and prohibit the commission from spending more from any line item than it appropriated.
In November 2013, a month after the convention voted to file suit against the commission, Somers wrote to David Horan, the attorney for the convention, questioning the authority of the convention to bring legal actions and claimed that it has no such authority. Noting that the enumerated powers of county conventions are prescribed by statute, she stated that "nowhere does the statute indicate that the delegation (convention) may bring legal actions in court on behalf of the county, let alone against the county commissioners."
Echoing Somers, Rep. David Huot (D-Laconia), a retired district court judge, also questioned whether "an appropriating authority has standing to sue an executive authority over its failure to confine expenditures to the amounts specified in particular line items. He explained that in order to have standing, a party must demonstrate they were harmed or injured by the alleged action. An individual taxpayer or group of taxpayers, he said, would have standing to compel any branch of county government to comply with the law.
Likewise, Somers challenged the authority to retain and compensate legal counsel. Although the authority to appropriate funds rests with the convention, the authority to enter contracts and approve expenditures is vested in the commission. In fact, before retaining Horan, the convention, without the authorization of the commission, sought legal advice from the Mitchell Group and incurred expenses that have yet to be paid. Somers concluded by explaining that while seeking to avoid litigation, "the commissioners will defend against the action and will seek to have those individuals who voted to proceed with the action be held personally responsible for attorneys' fees and costs."
Worsman and Burchell filed suit on the strength of a motion the convention adopted at its meeting on October 22, 2013. The motion read: "To authorize Attorney Davifd Horan to go forward with a petition for declaratory judgment in the Belknap County Superior Court concerning the legitimacy or lack thereof of the Belknap County Commissioners rewriting the 2013 county budget by making multiple line transfers without Executive Committee review and approval and to further authorize Attorney David Horan to take any and all legal action as he sees fit to protect the fiscal integrity of the County Delegation's (convention's) original budget as voted."
Ten Republicans voted for the motion, while four Democrats were opposed and four other members — three Republicans and one Democrat — were absent and did not vote.
Since the motion was adopted in October, by which time much of the funds appropriated in 2013 had been expended, the convention choose not to proceed with legal action. When the same issues arose over the budget again this year Worsman filed suit, without requesting the convention to reaffirm its intent as expressed with respect to the 2013 budget 10 months earlier. Nor did Worsman notify members of the convention of her decision to litigate at this time.
A preliminary hearing in the case is scheduled in Belknap County Superior Court on Wednesday, August 6, beginning at 9 a.m.
Last Updated on Saturday, 19 July 2014 12:02
SUPERIOR COURT — A Belknap County grand jury has indicted a Meredith man for multiple counts of aggravated felonious sexual assault that occurred in Tilton and Meredith possibly stretching over a period of nine years.
Mark Thurber, 42, of 118 Chase Road faces seven counts of special felony pattern rape for his alleged sexual assaults of a victim in Meredith whose birth date is in 1999. He also faces six counts of special felony pattern rape for assaults on the same victim that allegedly occurred in Tilton.
Indictments indicate the rapes occurred from 2005 when the alleged victim was 5 until 2014.
Thurber was originally arrested by Meredith Police on June 26 for a single count of rape against that was alleged to have occurred during the months between January 2007 and December of 2010 and while the child was under 13-years-old.
He appeared by video the next day in the 4th Circuit Court, Laconia Division and was ordered held on $50,000 personal recognizance bail and $5,000 cash-only bail. He was also ordered not to attend church services although he is allowed to worship privately with his pastor.
Pastor Mark Warren of the Grace Capitol Church confirmed Thurber is a member of his church but is not an employee. Deputy Belknap County Attorney Carley Ahern said she has information that Thurber has been a participant in youth ministries.
Thurber posted bail and was required to report daily and in person to the Meredith Police Department.
During one of his mandatory reporting sessions, Thurber was rearrested on July 10 by Meredith Police on a warrant for pattern felonious sexual assault issued by the Tilton Police. He appeared the next day in the 6th Circuit Court, Franklin Division where he was ordered held on $75,000 cash only bail.
Affidavits supporting the arrest in all 13 charges were sealed by the courts.
Last Updated on Friday, 18 July 2014 11:52
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