Executive Council Questions NH Attorney General About Nashua Land Sale, Berlin Murder-Suicide

By PAULA TRACY, InDepth NH

HAMPTON, NH — Attorney General John M. Formella was peppered with questions on investigations his office is undertaking into a Nashua land purchase by the subsidiary of a Chinese water company and the Berlin murder-suicide in July.

The two issues are raising questions about the state's bail system, possible failures and whether the state had a hand in recruiting a Chinese firm to the state.

The conversations came within hours of Republican Gov. Kelly Ayotte renominating Formella for another four-year term, after being in holdover status for months.

The governor also formally nominated Bryan Gould of Pittsburg and Concord to be an associate justice of the New Hampshire Supreme Court, to replace the retiring James Bassett of Canterbury.

And the council confirmed the nomination of Bill Hart to be the state's new Corrections Commissioner.

The council held its regular meeting at the Hampton Beach Seashell building overlooking Hampton Beach State Park, as part of a summer meeting tour of the state.

This particular visit to the seashore was hosted by District 3 Executive Councilor Janet Stevens, R-Rye, who took time to bring attention to the importance of tourism to the state's economy and the role of government to help provide the infrastructure and promotional efforts to host them.

The meeting included a number of proclamations and commendations for the people who make it work including the state park lifeguards, Hampton Police and a community leader.

NASHUA PROPERTY

Three of the five executive councilors wrote an Aug. 14 letter to Taylor Caswell, commissioner of Business and Economic Affairs, to get more data about his department's its involvement in recruiting NF North America, a subsidiary of the Chinese company Nongfu Spring, which plans to come to New Hampshire to bottle water and sell it domestically.

Caswell responded that he would not be able to speak on the matter as the governor had asked for a review and until Formella completed his probe, he was not able to discuss it.

The same three councilors are holding up the confirmation of Caswell but have not said if it is related to the Chinese firm's purchase.

Executive Councilor David Wheeler, R-Milford, asked Formella about the nature of the investigation.

"It's not a criminal investigation," said Formella.

He said his office is looking into the facts and circumstances and what involvement the state had in the purchase.

"We have other security concerns to keep in mind," he said, referring to the fact that communist China is considered an adversary of the United States and there are concerns for proximity to sensitive defense and national infrastructure near the property at 80 Northeast Blvd. in Nashua.

The 337,391-square foot property on 23 acres had been idle for the past 11 years and sold this winter for $67 million, four times more than its assessed value.

Formella noted that there is a new statute on the books that prohibits purchases by individuals from hostile nations in New Hampshire. But this deal went through before that went into effect.

He said the investigation started a week and a half ago and he hopes to move as quickly as possible to a public report.

Wheeler asked if his questions and those of fellow Councilors Joe Kenney, R-Wakefield, and John Stephen, R-Manchester, will be answered by the attorney general's inquiry, including whether the BEA referred the transaction to the federal Committee on Foreign Investment in the United States or any other federal agency for a national security review.

Congresswoman Maggie Goodlander, D-NH, has also asked for information about the Nashua land purchase.

Formella said likely some of the counselors' questions will be answered by his probe.

While the governor has withdrawn the nomination for now, Caswell can stay in holdover status for a number of months and she said she stands firmly behind Caswell.

Asked how long this all may take, Formella said he will do it "quickly."

"I think we will be able to give comprehensive answers but I don't want to overpromise," he said.

The company has stated in its licensing as a corporate entity that it plans to use the facility to bottle water and has indicated it is interested in purchasing water from Pennichuck Water Company. But it has not received any of the necessary permitting for the project

Kenney said he does have a Pennichuck entity in his district in the north country that could be impacted.

Pennichuck has said it has plenty of capacity to sell to the NF North America.

But many have concerns which extend to more than water and revolve around national security and the chance that spying could occur by a hostile adversary such as a Chinese company.

Stephen said the council "is very much waiting to hear responses to our questions."

BERLIN MURDER-SUICIDE INVESTIGATION

The governor is also waiting for Formella to review the death of 25-year-old Sandra Marisol Fuentes Huaracha who was killed by her husband, Michael Gleason Jr. while he was out on $5,000 cash bail on charges he raped, kidnapped and stole from her.

Speaking to reporters after the meeting, Ayotte said the tragedy was "avoidable" and that a review by the Judicial branch showed that "the perpetrator" should have been held in jail rather than being released due to evidence that the courts either had or should have had.

Formella said his agency is working on its part of a "three prong approach" to getting to the bottom of what happened to this beloved member of the Berlin community who begged the state to protect her, and he confirmed that his report will include weapon ownership information.

A third prong, in addition to the Judicial review, is a probe now underway within the Berlin Police Department which is separate, Formella noted.

He said it should not be as long as a typical homicide investigation because it will not be adjudicated as the suspected killer is dead but there are lessons to be learned.

"We are just trying to figure out the facts," he said.

He noted a domestic violence homicide review committee will be soon convened for the first time and their review of the case will likely be far more lengthy than the Attorney General's report.

On a positive note that has come from the council's scrutiny of the Berlin case is the fact that a $150,000 federal grant to look at gaps in the court's domestic violence data will go forward, after the deadline to use the money past.

Executive Councilor Stevens congratulated Formella for getting an extension for the funds to be secured, and asked Formella if he could assure her that "the courts will work on this."

He said "we will be working with the court system on this...I am confident that they will follow through."

Stevens said the gap that dropped the ball on the grant funding was due to a staffer leaving.

Executive Councilor Stephen said he and Kenney had a listening session recently in Berlin related to the murder-suicide and thanked the governor for her leadership on the matter as it relates to bail reform which is expected to take effect in about a month.

He asked Formella to be sure in his report that it included videotapes of the victim asking for help which he said he learned from a resident the Berlin police did not ask for or receive.

Formella said 'yes.'

"It is still important to the public," Stephen said.

"There are a lot of people working on this," Formella said.

NOMINATIONS AND CONFIRMATIONS

Attorney Bryan Gould of Pittsburg and Concord was nominated by the governor to serve as justice of the Supreme Court.

The governor said he was the most qualified and while some say he only has three years before mandatory retirement age, she said that was not a reason to exclude him from consideration for the high bench.

A public hearing will be scheduled on the nomination and if confirmed he will replace retiring Justice James Bassett of Canterbury.

After the meeting, Rep. Dave Luneau (D-Hopkinton), Ranking Member on House Education Funding, said: "It all comes down to Claremont and the state's constitutional obligation to guarantee an adequate education for all New Hampshire's kids. If attorney Gould is not ready to stand with kids, families, taxpayers and the state constitution, then he has no business being on the state's highest court."

Rep. Nick Germana (D-Keene), Deputy Ranking on House Environment and Agriculture said: “Bryan Gould has filed a lawsuit against the State of New Hampshire on behalf of his out-of-state clients, trying to force the state and the town of Dalton to accept an unwanted landfill, putting corporate profits ahead public health and the environment. There is a very real possibility that this suit could end up in front of the State Supreme Court. Why would we want to appoint a Justice whose work on behalf of special interests will require his recusal from cases vital to the interests of Granite Staters?”

Formella of Concord was also renominated by the governor to another term as Attorney General. Formella had been in holdover status and had previously been nominated by former Gov. Chris Sununu.

William Hart was confirmed as Commissioner of the Department of Corrections, Wednesday.

Executive Councilor Karen Liot Hill, D-Lebanon, said there area about 1,700 people incarcerated and most will be returning to the public after they pay their debt to society.

She said as a long-time Londonderry Police Chief, Hart is well respected and though he does not have a background in corrections she said she believes he will do well.

The vote was 4-1 with Councilor Stevens opposing.

Kenneth Merrifield was confirmed to another term as Commissioner of the Department of Labor.

The council also confirmed Brendan Finn of Newfields and Christiana Thornton of Pembroke to the University System Board of Trustees.

In a statement related to Hart's confirmation, Ayotte said he has "spent his entire career protecting the people of New Hampshire with integrity, discipline, and fairness...I am confident that under his leadership, the Department of Corrections will strengthen its mission of public safety, rehabilitation, and accountability. He brings the right experience and values to lead with steadiness and transparency at a critical time for our correctional system.”

Hart takes the reins from acting Commissioner John Scippa, head of Police Standards and Training after Helen Hanks resigned this spring.

Hart most recently served as United States Marshal for the District of New Hampshire.

He previously served more than a decade as Chief of Police in Londonderry and held leadership positions on the New Hampshire Police Standards and Training Council and the New Hampshire Retirement System Board of Trustees, a Marine Corps veteran and former Rockingham County Attorney.

“I am honored to have the confidence of Governor Ayotte and the Executive Council,” said Hart. “It is a privilege to serve the people of New Hampshire in this new role, and I look forward to working alongside the dedicated professionals of the Department of Corrections. Together, we will continue to improve safety, strengthen rehabilitation efforts, and uphold the highest standards of accountability and service.”

I-95 MEDIAN APPROVED NEWINGTON BRIDGE DEMOLITION APPROVED

The council approved almost $5 million for a median on Interstate 95 in the Seacoast area which will help prevent crossover collisions.

Stevens said there is a "giant sigh of relief in my district," for this project and noted that crossover accidents "have taken far too many people."

Design work for the decommissioning and removal of the General Sullivan Bridge in Newington was also approved. The bridge was closed in 2008 because of its deteriorating condition and since 2023 the state has been looking to remove it.

At a breakfast meeting, the council got an overview of work being done on the Interstate 95 Bridge between Portsmouth and Kittery Maine to prevent suicide deaths.

COMMENDATIONS

The governor recognized the Town of Hampton Police "which does a great job on this beach."

Members of the 39-member department including "Gus," the comfort dog who works in the schools.

Ayotte noted the "unique challenges that the department meets with resourcefulness," including coverage of Hampton Beach which on busy days can be attended by more than 100,000.

Stevens noted the department members "ran into harm's way" in two shooting incidents this summer.

Also honored were the life guards at Hampton Beach including Patrick Murphy, the leader of the team.

Ocean rescue teams were honored for their work which included 144 rescues in six days and 51 alone on Aug. 12. The state park team was honored for their inaugural junior lifeguard program for those aged 8-15 and regional titles for competition among ocean rescuers.

Murphy thanked the governor for the honor.

"We have a great team here," he said. The junior guards "are our future," and our goal is to keep as many people safe as possible on the beach and in the water.

The guards also handled 7,027 alcohol violations, Stevens said.

The council and governor also recognized Rusty Bridle, a Hampton community supporter for his lifetime service and compassion to others.

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