Legal Briefs: News from Around NH

A historical marker dedicated to Elizabeth Gurley Flynn stands in Concord, Friday, May 5, 2023. A judge dismissed a lawsuit against the state brought by supporters of the marker, saying they lacked the legal right or interest to argue for the marker’s restoration. (Kathy McCormack/AP)

Sponsors of removed Flynn historical marker ask judge to reconsider

The sponsors of the historical marker for Elizabeth Gurley Flynn have asked a judge to reconsider his ruling that they don’t have status to sue the state over removing the marker.

Mary Lee Sargent and Arnie Alpert made the request of Merrimack County Superior Court Judge John Kissinger on Friday. Sargent and Alpert led the effort for the Division of Historical Resources to install the marker near the Concord birthplace of Flynn, who gained notoriety as a labor activist, civil libertarian and advocate for women’s equality in the early twentieth century.  Later, Flynn became a leader of the U.S. Communist Party, a role which led some Executive Councilors to balk at the marker, leading to its removal two weeks after it was installed at the corner of Court and Montgomery streets.

Judge Kissinger wrote on March 20 that Sargent and Alpert did not have legal standing to sue: “While no one disputes the time and effort expended by the plaintiffs in relation to the Flynn marker, the Court finds no support for a determination that such efforts give rise to a legal right interest, or privilege protected by law.” 

In their appeal of the decision, attorney Andru Volinsky wrote, “The Court’s ruling protects the decision to remove the marker no matter the reason. … No one could challenge a similar decision to remove a marker because the subject of the marker was a Republican or Democrat, woman, LGBTQIA, Black, Brown, Asian, or any other factor an executive councilor or a governor deems objectionable.”

“The purpose of the marker program is educating the public about places, events, and people of historical significance, a category which certainly includes Elizabeth Gurley Flynn,” said Mary Lee Sargent, a Bow resident who taught American history and women’s studies at colleges and universities for several decades.  “There is no provision in statute or in the rules governing the marker program that says established markers can be removed based on ideological rather than historical grounds.” 

If the judge denies the appeal, the plaintiffs’ only legal recourse would be an appeal to the NH Supreme Court. — David Brooks, Concord Monitor

NH House passes bill that would help people cleanse pot records

The N.H. House on Thursday overwhelmingly passed a bill by Peterborough Rep. Jonah Wheeler that would allow people to expedite the removal of marijuana possession arrests and convictions from their legal records.

Under House Bill 1539, which was passed 283-80, the state Department of Safety would identify people with cannabis violations or misdemeanors, and begin an annulment process. People could request an annulment, which would be granted unless a prosecutor objects and wants a hearing.

Wheeler, a Democrat, said that present law allows people to seek annulments, but few do so because they aren’t aware of the option — it costs $300 and they may have to hire an attorney in order to prevail. People wouldn’t have to bear this financial cost if the bill passes, he said.   

Having a marijuana possession conviction on one’s records can stand in the way of getting employment or receiving a loan, Wheeler said in a speech to the House.

“Making sure you can live a full life, that’s what HB 1539 is,” he said.

Another bill pending in the Legislature would legalize the sale and possession of marijuana in New Hampshire.

“It’s a little hypocritical for us to be discussing the sale of cannabis at the same time as there are people who aren’t able to get a hearing because they cannot meet the $300 payment or they aren’t aware of the eligibility of the process now,” Wheeler said.

HB 1539 would also allow people to seek to have their cannabis conviction sentences reduced. 

Rep. Jennifer Rhodes, R-Winchester, argued against the bill.

She said it wouldn’t be right to annul records for marijuana possession, which remains illegal. It is far from clear state lawmakers will pass legalization legislation this year, she added. 

Rhodes also objected to the taxpayer costs that would be incurred under the bill.

She said the measure would put the onus on “New Hampshire families to be responsible for the annulment process.”

“I find it really hard to believe that any of us should have to pay for somebody else’s annulment hearing — we didn’t do the crime.”  

She said that if lawmakers want to streamline the annulment process for marijuana arrests and convictions, they should include that in cannabis legalization legislation.

The fiscal note on HB 1539 said that it would increase the number of annulment and resentencing hearings, which would come at a cost, but it didn’t contain a dollars-and-cents estimate.

The Senate will eventually consider the measure. — Rick Green, Keene Sentinel

Merrimack man charged with $140K embezzlement

 James Peretti, 48, of Merrimack, was recently indicted for his alleged involvement in stealing more than $140,000 from The Foundry Restaurant in Manchester.

According to the Attorney General’s Office, Peretti spent four years as the general manager of The Foundry. During that entire time, he allegedly created a series of fake reimbursement claims as a means to take cash from the business whenever he wanted.

Peretti has since been charged with one count of theft by unauthorized taking or transfer.

Under state law, if convicted, Peretti could face up to 15 years in prison, up to five years of probation and a fine of up to $5,000.

Peretti is scheduled to be arraigned in Hillsborough County Superior Court North on April 8. — Christopher Roberson, The Nashua Telegraph