YDC Abuse Survivors Oppose AG Formella's Reappointment

By DAMIEN FISHER, InDepthNH

Survivors of the Sununu Youth Detention Center sexual abuse scandal are urging the Executive Council to reject Attorney General John Formella’s reappointment, saying he’s repeatedly violated their trust.

Several YDC survivors sent a letter to the Executive Council on Thursday, saying Formella’s record as Attorney General over the past four years is disqualifying.

“Governor [Kelly] Ayotte has said that this nomination will ‘protect victims.’ Survivors know otherwise. The record under Mr. Formella shows that he has put the state’s financial interests and institutions far above the suffering of the survivors, who are left with delay, denial, and broken promises,” the letter states.

Ayotte announced Aug. 24 she is sticking with Formella to lead the state’s Department of Justice after reviewing his tenure as New Hampshire’s top law enforcement officer. Ayotte, a former prosecutor, raised speculation about Formella’s future in March when she publicly announced she would review the DOJ operations before deciding on whether or not she would keep Formella.

Formella’s renomination is now going to the Executive Council for the final decision. But the five council members need to reckon with the YDC survivors who say he’s failed them and is undermining confidence in the justice system.

“We recognize that the Council may be inclined to afford the new governor substantial discretion in her reappointment of Mr. Formella. But as you weigh your decision, we respectfully but urgently ask that you examine Mr. Formella’s record in handling the YDC cases. Survivors have waited decades for justice, and the way the Attorney General’s Office has responded under his leadership must be part of your deliberation,” the letter states.

The letter, signed by survivors Michael Gilpatrick, Ronald Miles, Andrew Foley, Brett Malcolm, Natasha Maunsell, as well as a John Doe survivor and a Jane Doe survivor, makes three arguments against Formella. First, he is failing to prosecute the hundreds of alleged abusers named in the civil lawsuits brought by the YDC survivors.

Formella’s predecessor, New Hampshire Supreme Court Chief Justice Gordon MacDonald, started the YDC Task Force to investigate the allegations of abuse in 2019. But since the Task Force brought indictments against 11 defendants, the investigation has slowed to a stand still and the prosecution has been slow and lackluster, they say.

“Of the handful of cases that were indicted, some have been dismissed, others have stalled, and at least one abuser died before facing trial. Another was deemed incompetent, in part because Mr. Formella’s own office fought to block his deposition. These delays have had a profound impact on survivors, who continue to live with the weight of their trauma while their abusers walk free,” the letter states.

Secondly, the survivors fault Formella for his office’s aggressive, traumatic defense in the civil trials and his further attempt to reduce the $38 million award granted to survivor David Meehan last year by a jury. Meehan is the first survivor to go to trial and was awarded the record-setting verdict after the jury found the state is liable for the repeated rapes he suffered as a child. But Formella’s DOJ is appealing that verdict, seeking to have it knocked down to $475,000.

“In David Meehan’s case, the Attorney General’s Office sought to discredit him as a liar and delusional — even while relying on his testimony in criminal prosecutions. Despite (or perhaps because of) that callous and heartless defense, a jury awarded him $38 million in damages. Yet rather than acknowledging what the verdict represented and responding with humility, the Attorney General’s Office’s first reaction was to emphasize that his recovery would be drastically reduced on a technicality,” the letter states.

Both Gilpatrick and Maunsell reached settlement agreements with the state this year to avoid trial. Gilpatrick settled for $10 million, while Maunsell received $4.5 million. Foley and Miles both applied to settle their claims with the state through the Settlement Fund process. Formella’s handling of the Settlement Fund is another reason to reject his appointment, the survivors said.

Changes to the way the fund operates were part of this year’s budget bill pushed by Ayotte. After reaching an agreement with lawyers for the survivors to direct claims to the fund, the state changed the rules after most of the survivors filed settlement applications. The new fund rules take away the fund administrator’s independence and give Formella veto over any settlement agreements.

“This stripped away any pretense of impartiality. Survivors who entered the fund in good faith now feel misled, betrayed, and silenced,” the letter states.

Formella’s office did not respond to a request for comment, nor did Ayotte’s. Three Executive Councilors, Janet Stevens (R-District 3), Joseph Kenney (R-District 1), and John Stephen (R-District 4) did not respond to a request for comment, either. All three, Stevens, Kenney, and Stephen, have been vocally championing domestic violence victims in the case of Marisol Fuentes’s murder in July.

The YDC survivors, who suffered childhood rapes, assaults, physical abuse, and psychological torture at the hands of state employees, say New Hampshire deserves better than Formella.

“We recognize the weight of your decision. But confirming Mr. Formella would send a clear and troubling message: that these failures and betrayals are acceptable — even rewarded. Survivors deserve an Attorney General who demonstrates urgency, compassion, and integrity in confronting one of the darkest chapters of our state’s history,” the letter states.

Reached Thursday, Gilpatrick said he won’t stop fighting for other survivors.

“On behalf of my wife Kelly and myself, we will continue to stand strong alongside all victims of abuse endured at YDC and other residential facilities in New Hampshire,” Gilpatrick said in a statement shared with InDepthNH.org. "We are deeply ashamed and upset with how the settlement fund is being handled. This process was supposed to be victim-friendly, not another chance to re-victimize survivors after the immense damage already caused by the state. We ask that you take into consideration how Mr. Formella has responded to all YDC proceedings. We remain committed to seeking justice and having the state take accountability for their actions. How can the perpetrators be the jury?”

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