Ex-teacher won’t be prosecuted for child porn; offers to plead guilty to remaining charges

LACONIA — Child pornography charges against a former high school teacher have been dropped, and the defendant is intending to plead guilty Thursday to the remaining charges related to the case.

Michael Harbrook, 49, who was living in Tilton at the time of the alleged crimes, is due to appear in Belknap Superior Court Thursday, and court records show he is expected to plead guilty to felony charges of witness tampering and falsifying evidence.

According to court documents, Harbrook is offering to plead guilty to one count of witness tampering in exchange for a sentence of 12 months in the Belknap County Corrections facility. In addition, Harbrook has agreed to plead guilty to a second count of witness tampering and a count of falsifying evidence – for which he would receive two suspended prison sentences of 2½ to five years on condition of seven years good behavior. If the suspended sentences are imposed, they would run concurrently.

In addition Harbrook would receive a suspended $2,000 fine, be required to perform 40 hours of community service and have no contact with the alleged victim, according to the records.

The Carroll County Attorney’s Office, which is prosecuting the case, nol prossed — or agreed not to prosecute — the four counts of possession of child sex abuse images on Jan. 11.

As to the decision to nol pros the image charges, Assistant Carroll County Attorney Seven Briden said, “In this case, we considered the strength of the evidence, the language of the statute, and the impact of a trial on the victim. Based upon those factors, we elected to resolve the matter by allowing the defendant to admit to the other conduct, take responsibility for the harm he caused to the victim and to our community.”

Superior Court Judge James D. O’Neill III, who is expected to preside at Thursday’s plea and sentencing hearing, is free to accept or reject the plea agreement.

Harbrook has been free on $1,500 cash or surety bond since his arraignment in July.

Harbrook was an English teacher at Kingswood Regional High School in Wolfeboro until February 2017, when he resigned and surrendered his teaching credentials amid an investigation into alleged inappropriate contact with a student.

Wolfeboro police began investigating Harbrook at about the time he left Kingswood, former Assistant Carroll County Attorney Kimberly Tessari said at the time of Harbrook’s arraignment. State Police took over the investigation in May 2017, she said. Altogether, the investigation into Harbrook’s activities lasted 18 months.

The indictments for the child pornography charges allege the female victim was 17 years old when the photographs were taken.

The witness tampering indictments allege that Harbrook coerced the victim not to press charges. One of the counts alleges Harbrook threatened to kill himself if the victim cooperated with authorities. In the other, he told the victim “she would not want the public to know about his actions, that the charges would harm his family and his students, and that (the victim) could face legal consequences.”

The falsifying physical evidence indictment charges that, after learning authorities were investigating, Harbrook deleted the incriminating images from his shared Google drive — a cloud-based storage platform.

Witness tampering and falsifying evidence are Class B felonies which are punishable by up to seven years in prison.

If Harbrook had been convicted on any of the child pornography charges, he would have been required to register as a sex offender.