The New Hampshire Supreme Court docket has reversed the conviction of a former police chief who was accused of violating sexual harassment insurance policies following a name he made to a feminine worker, saying a choose misinterpreted the legislation.
In a 3-1 opinion launched Wednesday, the court docket reversed the conviction on a misdemeanor cost of official oppression within the case of former Litchfield Police Chief Benjamin Sargent.
Chief Justice Gordon MacDonald dissented, agreeing with the choose’s resolution.
Sargent was charged in December 2022 and was discovered responsible by the choose in April 2023 after a two-day trial. He resigned in Might 2023 whereas interesting the conviction.
In keeping with a police affidavit, Sargent was accused of being drunk at dwelling on New Yr’s Eve 2021, calling a feminine worker and saying he had a crush on her and advised that he noticed her as a possible romantic companion.
Sargent didn’t serve jail time. He was ordered to pay a effective.
An e-mail looking for remark was despatched to his legal professional Thursday.
The legislation says a public servant is responsible of a misdemeanor if “with a objective to learn himself or one other or to hurt one other, he knowingly commits an unauthorized act which purports to be an act of his workplace; or knowingly refrains from performing an obligation imposed on him by legislation or clearly inherent within the nature of his workplace.”
The court docket discovered that the choose interpreted “to learn himself” too broadly and that the proof was inadequate to determine that he sought to take action.
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