Judicial Review Panel Named In Berlin Murder-Suicide Domestic Violence Case

By PAULA TRACY, InDepthNH

CONCORD, NH — A murder-suicide July 6 in a Berlin restaurant ending in the death of its popular manager and circumstances leading to the perpetrator being free on $5,000 bail when he killed her are about to be scrutinized by two judges.

Last Wednesday, Gov. Kelly Ayotte assured there will be a full evaluation of what happened adding she would support any changes to state laws to protect individuals from the fate of Marisol Fuentes-Huaracha, 25, who police believe was gunned down at the La Casita restaurant in Berlin by her estranged husband Michael Gleason Jr., 50, who was found dead there as well.

On Monday, New Hampshire Supreme Court Chief Justice Gordon J. MacDonald announced he has designated Associate Supreme Court Justice Melissa Countway and Judge Ellen V. Christo, Administrative Judge of the Circuit Court, to review the court record, and related matters, in the cases of State v. Michael Gleason, Jr.

"The Judicial Branch will work with the Domestic Violence Fatality Review Committee to the extent the Committee examines the circumstances in these cases," according to a statement from MacDonald's office Monday.

It won't be the first time Justice Countway has participated in such a review. She was a circuit court judge when she participated in the internal review of a domestic violence case involving Judge Polly Hall in 2021 in Hampton, in which the victim who was petitioning for a protective order was gunned down and killed by her accused abuser. See that report here: New Hampshire Judicial Branch Releases Internal Review of the Denial of Final Domestic Violence Order | New Hampshire Judicial Branch.

Of the Marisol Fuentes-Huaracha murder last week, Ayotte said: "This was such an awful tragedy. My heart obviously goes out to the family and the community."

Ayotte said having been attorney general and before that, a criminal prosecutor she said she knows that "in our state unfortunately about 50 percent of our homicides are usually domestic violence related."

She said she supports a hard look at protective orders "and making sure that they are implemented properly and making sure that... an individual who is dangerous is not given bail in those circumstances is very important to me."

Ayotte said the state is also evaluating whether a new law that was passed but has not gone into effect yet would have made a difference in this case "my initial assessment is it would have made a difference but we are looking at that."

Also there is another measure which passed the legislature that creates a new committee to look at domestic violence deaths.

"Anything that needs to be changed in our laws to prevent a situation like that I will support 100 percent because we need to have very strong laws when it comes to protecting victims in those circumstances," Ayotte said.

The internal judicial branch review will make their findings public when complete, according to MacDonald's statement.

Last week, State Rep. Lori Korzen, R-Berlin, called for the resignation of Magistrate Stephanie Johnson who set bail at $5,000 for Michael Gleason Jr., 50, who killed himself after killing his estranged wife in the La Casita restaurant.

Korzen said Magistrate Johnson allowed for the pre-trial bail despite evidence and previous charges that proved the danger he posed to the community.

“The decision to set Mr. Gleason’s bail at just $5,000, despite clear warning signs and the severity of the charges he faced, has had devastating consequences for Marisol, her family, and our entire community. The bail system exists to balance the rights of the accused with the imperative of public safety. In this instance, I believe that balance was not achieved, and the result was a preventable tragedy.

“I recognize the immense pressures and complexities that come with your role. However, the gravity of this oversight cannot be ignored. Accountability is essential for restoring public confidence in our legal system and for ensuring that such a heartbreaking event is never repeated," Korzen said.

Gleason had entered no plea to Kidnapping; Domestic Violence, aggravated felonious sexual assault; domestic violence force/violence and theft by unauthorized taking, according to court records. He was accused of stealing money and her Iphone.

Magistrate Johnson was also criticized in February for releasing a man on bail who was accused of stabbing a stranger on Elm Street in Manchester.

On Feb. 11, Executive Councilor John Stephen wrote to Johnson critical of her allowing Kyle Bisson to post personal recognizance bail after being accused of stabbing a stranger on Feb. 7 in Manchester.

It “represents a stark departure from New Hampshire law and the duties imposed on you as a Magistrate, and it gravely undermines public safety,” Stephen wrote at the time.

On Monday, Councilor Stephen said he and Councilor Joe Kenney won't give up until they find a way to stop these horrific, unnecessary crimes.

At Wednesday’s Governor and Executive Council meeting, Kenney asked the attorney general to explore how the tragedy could have been avoided.

He said there is a lot of “shock and mourning” and her assailant should have been behind bars.

Kenney also said legislation which recently passed might have had an impact.

He said the decision to allow Gleason out also jeopardized the community and imperilled many first responders.

This article first appeared on InDepthNH.org and is republished here under a Creative Commons license.