Judge orders re-trial for Fortier, citing juror misconduct

ALTON — A Belknap Superior Court Judge has vacated the prior conviction of Brian Fortier, co-owner of the West Alton Marina, after the defense raised evidence, gained after the trial, that the jury acted inappropriately.

In an order released on June 14, Belknap Superior Court Judge Elizabeth Leonard granted the defense's motion for a retrial. Fortier, who had been sentenced in February to three to seven years in prison for alleged sexual assault of a 16-year-old employee, has been released on $10,000 cash bail as he awaits a new trial. A status conference in the new trial has been scheduled for Monday, July 29.

Fortier was convicted of aggravated felonious sexual assault and sexual assault, for allegedly engaging in sexual acts with an underage employee over whom Fortier had authority. He was acquitted on two counts of witness tampering.

William Christie, the attorney who has been representing Fortier, did not return requests for comment. The Belknap County Attorney’s office declined to comment on the order for a retrial.

Fortier was the second person associated with West Alton Marina to face charges relating to sex acts with employees. John Murray, Fortier’s life partner and former manager of the marina, pleaded guilty to several crimes, including aggravated felonious sexual assault, last year.

In prosecuting the charges against Fortier, the state introduced evidence in the form of text messages between Fortier and Murray, which the prosecution intended to illustrate an openly sexualized atmosphere at the business. However, the judge ruled the text messages were ultimately inadmissible.

The state also sought to invoke the behaviors which lead to Murray’s guilty pleas, but the judge agreed with objections from the defense and instructed the jury to not consider either the text messages between them, nor Fortier’s long-term relationship with someone who had admitted to several sexual assaults.

Yet the defense was able to show at least one juror failed to follow those instructions. The defense also found one juror had been dishonest in their initial interview, failing to disclose they were close with people who were victims of sexual assault as children.

Those revelations came through the work of a private investigator, hired by Fortier, who interviewed several of the jurors.

Those interviewed were summoned to be questioned by the judge, who confirmed the results of the investigator’s report and ordered a new trial.

In her order, Leonard wrote how troubling she found it that the juror had been dishonest during the jury selection process, and intentionally misled the court about whether they or people close to them had been victims of sexual abuse.

“Although it did not serve as the basis for the court’s decision to order a new trial, such lack of candor by potential jurors unfortunately only serves to undermine the integrity of the jury trial system and erode the public’s faith in the legal system,” Leonard wrote.