Blanchette asks for Belknap County cases to be dismissed

By GAIL OBER, LACONIA DAILY SUN

LACONIA — Convicted rapist and former sheriff's deputy Ernest Justin Blanchette has asked that a Belknap County Superior Court judge dismiss the four cases he faces locally because he wasn't employed by the Department of Corrections.

He argues, through his attorney Brad Davis, that in order to convict him the state would have to prove that he engaged in sexual penetration of the victims, that he acted knowingly, that he used his authority to coerce the victim(s) into submission and that "he was in a position of authority over the victims ... by virtue of being incarcerated in a correctional institution where the defendant is employed.

"None of the indictments in the above ... cases include ... that the defendant was employed by the correctional unit where any of the victims were inmates," he wrote.

Davis takes his argument straight from the law that specifies there must be coercion and that the actor must be employed by a correctional institution, a juvenile facility or a secure psychiatric facility.

Blanchette's employment as a sheriff and not as a corrections officer, and the plain language of the statute was included in Davis's closing arguments to a recent jury in Hillsborough County North Superior Court during Blanchette's rape trial there.

He also asked the judge to dismiss that case because of his employment status as a sheriff. Judge Gillian Abramson said she would not dismiss the case because of that but she chastised the state Legislature for not addressing it and other elements of the specific statute after a different rape case was overturned by the Supreme Court in 2001.

The jury in Blanchette's Hillsborough County trial didn't buy that argument and returned a guilty verdict in 90 minutes on April 28.

Blanchette argues that a corrections institution is a place and not a "conceptual system of which the county sheriff is a part." He said that if the legislature had intended the law to be broadly interpreted, it wouldn't have specifically focused on "employees of the correctional institute."

He says the Legislature names only three kinds of places – corrections institutes, psychiatric hospitals and juvenile facilities. He said as a matter of a law, a deputy sheriff is not employed by a corrections facility.

Deputy Belknap County Attorney Adam Wood said his office has not yet responded to Blanchette's motion.

Chris Herren brings message of self respect, caring to high schoolers

GILFORD — When former Celtics basketball player Chris Herren spoke to about 4,000 high school students from Laconia, Winnisquam, Moultonborough, Wolfeboro, Inter-Lakes, Belmont, Tilton, Farmington and Gilford at the Bank of New Hampshire Pavilion yesterday for a program presented by Stand Up Laconia, his message was about self-esteem, peer pressure and to be themselves.

Herren is a heroin addict. Sober for the past eight years, he has spent the past five traveling across the country talking about drugs, but with a delivery that focuses more the decisions he wished he had made when he was their age.

He told them he knows that 85 percent of them made jokes about the assembly on the bus ride to the pavilion like he did in 1994 when he went to his first high school assembly drug lecture. He said he already knew then that he was never going to be "that guy."

"All I do is drink and smoke on Friday and Saturday nights," he said. "I'll never be that guy. I'm a MacDonald's All-American."

"Four ODs, seven arrests," he said. "No, I'll never be that guy."

He said he wished he could go back to 1994 and to when he could hang around with the friends he'd known all his life, just be himself and not have to drink and take drugs to hang out with them.

In a clip prepared about Herren that he played before his speech, it's noted that Herren played basketball for Durfee High School in Fall River, Massachusetts; that he was heavily recruited by many colleges and coaches including Rick Pitino; that he played for Fresno State and that he was drafted by the Denver Nuggets, later playing for the Celtics.

He told the assembly they need to feel comfortable enough in their own skins to enjoy themselves with all of their friends without drinking or taking drugs.

Herren told them stories about some of the students he's met throughout the past five years, mainly focusing on the ones who stayed sober and who were ostracized and bullied for not being "cool."

He said he calls his outreach the Purple Project because it is named for four young girls who dressed in purple T-shirts at one of his lectures, who thanked him for validating who they were because they said they were the only sober ones in a class of 180. They told him they were made fun of by the other students, which brought Herren back to self-esteem without drugs and alcohol.

"I liked it. It was an impactful message," said Gilford Police Chief Anthony Bean Burpee, saying Herren touched on a key issue when he posed the question to them by asking "Why aren't I good enough to be me today?"

"There were 4,000 students and you couldn't hear a pin drop," said Bean Burpee.

Bean Burpee and Belmont High School Principal Dan Clary said they both appreciated how Herren told them stories about other students he had met and then brought his message through their stories back to the audience at hand.

"He gave students some tools they can use to help themselves and their friends," Clary said.

Herren told the students that if they feel like they can't be themselves without drinking and smoking or if they have struggles at home with alcoholic or drug-addicted parents or siblings, then they can reach out to a teacher. He told them to say something to a friend if the friend is using alcohol and drugs and to let them know someone cares.

Herren said for him it was the fact his father was an alcoholic, and as a small child he would lie in bed and listen to his parents fighting. When he turned 13, he said he drank his father's beer, describing it as the very thing that was tearing his family apart. As he grew older, it was alcoholism at home plus the pressure of an entire town having high expectations for him as a basketball player. An injury led to painkillers and he became hooked on heroin while playing in Italy.

But Herren said it isn't about him. It's about them and how they see their role in the world.

He told the students that the next time their friends are sitting outside of the house in a car on a Friday or Saturday night, to take a minute and go in and see their younger siblings and think about how important is it for them to have a role model. He challenged them to be someone their parents could be proud of and someone who their siblings will look up to.

Belmont High School prevention coordinator Jen Gagnon said her students thought it was "awesome." She said some of them stayed behind so they could get Herren's email, as he promised all of them.

She said she's already had lots of conversations with her students about being comfortable in their own skins.

Gagnon said she was impressed by him saying that if one of his three children came to him with an alcohol problem he would ask why they felt they couldn't be themselves without alcohol and drugs.

Gagnon said that some students get caught up in their own worlds like Herren did as a teen and that people like him are trying to shift to cultural norms against alcohol and drugs being a rite of passage.

"I loved his message," she said.

"He said he wanted to reach one student, yesterday," Gagnon said. "I know he got what he wanted a few times over in Belmont."

Social worker and School Prevention Coordinator Laurie Maheu at Prospect Mountain High School said he students loved it.

"They really liked that he made it about them and others and not about himself," she said.

Maheu said Herren got to the humanity and his message in her eyes is to think about who they are in the world and how things can be right when they don't use alcohol or drugs.

For Laconia Principal Jim McCollum, it was how Herren focused on where kids are now and not where he is. He liked that he didn't glorify his own travails but focused on how he wished he could go back to where today's students are now.

"He shifted it to, 'Hey, can you love yourself, your family, your friends,'" he said. "It was an excellent presentation and we're fortunate to have been able to see it."

Stand Up Laconia received a $6,000 donation from Meredith Village Savings Bank to secure the Stand Up Laconia Lakes Region program.

05-10 HS kids at Meadowbrook

Former Celtics basketball player Chris Herren spoke to about 4,000 high school students from Laconia, Winnisquam, Moultonborough, Wolfeboro, Inter-Lakes, Belmont, Tilton, Farmington and Gilford at the Bank of New Hampshire Pavilion yesterday for a program presented by Stand Up Laconia. (Gail Ober photo/Laconia Daily Sun)

Belknap County sheriff gets OK to buy two new radar units

By ROGER AMSDEN, LACONIA DAILY SUN
LACONIA — The Belknap County Sheriff's Department will be able to purchase two new radar units.

The Executive Committee of the Belknap County Delegation Monday afternoon approved the transfer of $3,000 for the purchase.
The approval came after a lengthy discussion over the proper procedure for accepting and expending grant money as the radar units are funded through a Justice Assistance Grant for $14,641 to the Laconia Police Department from the U.S. Department of Justice.
Laconia received $11,641 for nine semi-automatic 5.56-mm caliber urban patrol rifles as its share of the grant, but was required to partner with the county in order to be eligible for the money. A memorandum of understanding with the department which was signed by Sheriff Craig Wiggin and Belknap County Commissioner Dave DeVoy last June spelled out the details of the joint grant application and said that the Sheriff''s Department would receive $3,000 for the radar units.
Committee member Ray Howard (R-Alton) questioned whether or not the Sheriff's Department was involved in traffic law enforcement to the extent that they need radar units and Sheriff Wiggin said that the department makes several hundred traffic stops per year and is constantly in action when they witness traffic violations. Wiggin said the department needs the units as some of the units they currently have no longer operate.
Howard also wondered if the department could wait until the grant was received before making the purchase but was told by Wiggin that the money would only be available after the units are purchased and the request for reimbursement is submitted to Laconia.
Former Laconia Mayor Tom Tardif said that it was his opinion that the grant application process had not been followed properly and that the only people authorized to sign the paperwork are those with the authority to tax, which would mean the City Council in Laconia and the Belknap County Delegation for the county.
He said that the county had also applied for radar units in 2013 JAG grant but Wiggin said that there had never been a request in 2013 for radar units for his department,
Wiggin said that the grant application was handled "in complete and full compliance with law" and had been approved by federal auditors.
Executive Committee members, after hearing Tardif's argument, decided to go ahead and authorize the transfer by a unanimous vote.