Charges dropped against West Alton Marina owner

ALTON — It appears Brian Fortier, who had a previous sexual assault conviction thrown out over juror malpractice, will now no longer face a retrial on charges alleging he preyed on young employees under his supervision at West Alton Marina.

Whit Skinner, the prosecuting attorney on the case, submitted a notice to the court on Feb. 7, that he was no longer pursuing charges. The reason stated was the alleged victim was not willing to testify again.

"We’re gratified that the charges have been dismissed and that the state has decided to not go forward," said Bill Christie, the attorney defending Fortier. "This is the right result."

Thus ends three years of legal entanglement for Fortier, who was charged in February, 2022, with felony sexual assault, aggravated felony sexual assault, and witness tampering. In February of last year, Fortier was sentenced to serve three to seven years in prison after he was convicted of the sexual assault charges, but acquitted on charges of witness tampering.

The jury was convinced he had broken felony statutes by engaging in sexual acts with a 16-year-old employee. Fortier is co-owner of West Alton Marina, and his former general manager and romantic partner, John Murray, pleaded guilty in 2023 to several crimes similar in nature.

But some on the jury had apparently made mis-steps of their own. Following the sentencing, Fortier hired a private investigator to interview the jurors. Those interviews revealed one juror had used a piece of evidence, despite the judge’s instructions to disregard it, when making a final decision. Another juror withheld the fact they were close to people who were victims of sexual assault.

After confirming those allegations in interviews with the jurors, Judge Elizabeth Leonard ordered a retrial.

Apparently, the prospect of going through a trial a second time was too much for the alleged victim. Skinner could not be reached by deadline.

Belknap County Attorney Keith Cormier said it’s fairly rare victims of sexual assault decide against testifying, though he understands why they would.

“The situation with Mr. Fortier’s case is a very unique one, we usually don’t have this kind of verdict overturned,” Cormier said.

Unlike dramatized representations of courtroom proceedings, Cormier said testifying in a criminal case can be an arduous undertaking.

“We do not force people who have been the victim of a crime to testify, that is their choice,” Cormier said. “It is very traumatizing for a person to get up on the stand, be subject to cross-examination. It’s not like TV, 'Law & Order,' testifying takes hours and they have to relive some of the worst — if not the worst — moments of their lives.”

Cormier said he keeps in mind victims have already endured a difficult experience, and the choice to proceed with prosecution is in the victims’ hands.

“We’re not in the business of making these peoples’ lives worse.”