Bow News : court

Supreme Court holds session at Bow High School

Bow Editor — Wed, 31 Oct 2007 18:02:00 GMT

Court was in session at Bow High School, when more than 600 area students and faculty from 12 schools got an intimate look at the inner workings of the state’s highest court.

On Thursday, Oct. 25, the ninth “On the Road” session of the New Hampshire Supreme Court took place in the packed auditorium of Bow High School. The auditorium was transformed into an appellate court, complete with court security and protocol, moderated by Superior Court Justice Carol Ann Conboy, as justices heard arguments from lawyers regarding two actual state Supreme Court cases.

The first case addressed whether multiple drug charges could be tried at one time under the same jury. The second case presented questions of sufficiency of evidence and the correctness of a trial judge in setting aside a jury’s verdict.

The five justices were seated on the stage at a black cloth-draped table that served as the bench where they grilled appellate and appellees for 15 minutes each, often backing the attorneys into verbal corners.

After each case hearing, presenting lawyers took questions from the audience while the justices went backstage. Because these were actual upcoming cases, the justices were not allowed to answer student questions on the cases or hear materials other than what was presented.

But after the hearings, the justices derobed and took questions from students on topics ranging from the experience of being a Supreme Court judge to childhood ambitions.

When asked about the aspects of the job they liked most, the justices mentioned the variety of cases they saw and the privilege of holding a public trust. Isolation topped the list of things they disliked, as the justices must monitor everything they say and do in public and often limit their social circles.

Justice Linda Dalianis said to avoid conflicts of interest, judges disqualify themselves from cases involving associates. Each justice maintains a rigorously checked disqualification list of people they socialize with.

“It’s sometimes easier not to socialize,” added Justice James Duggin.

A Bow High School student asked Dalianis about being a woman on the Supreme Court.

“It was a tough adjustment!” chimed in Justice Richard Galway, to much laughter.

“I can tell you they don’t mess with me,” said Dalianis.

Dalianis, the first woman on the New Hampshire Supreme Court, said early in her career she felt an enormous responsibility to the young women that would follow after her, but that she got “over it” about 25 years ago.

The students also asked the presenting attorneys about the experience of being put on the spot by the justices.

“Fifteen minutes seems like an awfully long time,” said Assistant Attorney General Susan McGinnis.

“But when they’re banging away at you, they’re really looking for answers,” said attorney Henry Spaloss.

Justice Richard Galway said later that justices are looking for the lawyers to educate them on the case.

Although a few students used the time to nap or doodle, most paid close attention.

Hopkinton High School seniors Sam Grady and Alexandra Winzeler, who take Rob Nadeau’s “Law and You” class, both found the session interesting.

“I was surprised at how much the justices had to poke holes in both sides of the arguments to get the best understanding of what was really factual,” said Winzeler. “I didn’t expect them to be so harsh.”

Grady took the other point of view.

“Some of the lawyers, they didn’t seem to know what they were talking about,” he said.

Winzeler, a senior at Hopkinton High, asked attorney Theodore Lothstein about the most unusual error of law he had argued for or against. Though it took a few minutes to determine, Lothstein recalled a tragic case of his where a man had shot his brother in mistaken self-defense.

Students were able to follow along with the oral arguments thanks to briefings they received from volunteer lawyers who visited each class to explain the cases and answer questions about the practice of law.

Richard Uchida, former president of the New Hampshire Bar Association, has participated in several “On the Road” sessions and briefed students at Pembroke Academy. He applauds the New Hampshire Supreme Court for making its decision-making process transparent.

“I think that builds faith in the system of justice,” he said. “We may disagree with a result and we may disagree with the outcome of a case, but we have faith in the system itself.”

Contrary to the perception many people may have, Chief Justice John Broderick feels the judicial system is the most public branch of government.

“All our courtrooms are open to the public,” he said. “Our opinions are published. We have to explain what we do.”

He and the other justices hope by bringing the Supreme Court to the students, that they’re demystifying the court system and making it more transparent.

“We enjoy it immensely,” said Broderick, who originally proposed the idea back in 2000.

For the justices, seeing the faces of hundreds of young people is a vivid reminder of the public trust they hold, he said.

The “On the Road” program, which held its first session in 2002 at Saint Anselm College in Manchester and has traveled throughout the state, is looking at the southern tier for next year’s location.

Busted again – SNHU basketball star faces charges after fight

Bow Editor — Wed, 26 Sep 2007 23:38:00 GMT

BY RYAN O'CONNOR

In the midst of facing felony and misdemeanor charges for allegedly possessing and selling marijuana to an undercover officer with the Attorney General’s drug task force, Paul Chergey again finds himself in trouble with the law.

The former Bow High School basketball star and current Southern New Hampshire University hoopster was suspended indefinitely after Penmen head coach Stan Spirou was informed of the allegations.

On Saturday, Sept. 22, Chergey was arrested by the Hooksett Police Department following an on-campus fight and was charged with reckless operation of a vehicle and being a minor in possession of alcohol, both misdemeanors.

Hooksett Police Capt. Paul Cecilio said witnesses claim Chergey was racing a vehicle around the parking lot.

Cecilio added that the 19-year-old has three outstanding bench warrants out of Concord District Court. Chergey’s lawyer, Kevin Buccholz, was unavailable for comment.

The two misdemeanor counts carry up to a year a piece, in addition to the drug charges that bring one to three years in prison for each special felony count and 12 months in the House of Corrections for a Class A misdemeanor.

Chergey may also lose his license for up to a year if convicted of reckless driving.

Dr. Scott Kalicki, vice president of student affairs at the university, said incident reports indicate Hooksett police were called at the request of Chergey’s combatant during the altercation.

Kalicki said the school is investigating the incident.

“Any time there is a physical altercation, we quickly do fact-finding, assuming both parties are responsible for the altercation and take it from there unless there is evidence that an individual was purely acting in self defense and couldn’t extricate themselves from the situation,” he said. “Certainly both students will be under review for this incident.”

Both men involved were examined and offered medical attention.

Both declined, said Kalicki.

Southern New Hampshire University athletics director Skip Polak, who is in his 32nd year with the institution, said if the allegations regarding the possession and sale of drugs are accurate, the charges are the most serious ever brought against a Southern New Hampshire University student athlete.

Still, Polak said he has yet to see, first hand, the actual indictments, though he acknowledged he and Jim Winn, the school’s director of safety, met with Chergey in person on Friday, Sept. 21.

“It’s really a school issue first and foremost. We have a disciplinary protocol that we, as an institution, follow,” said Polak. “Right now, it’s in a fact-finding stage, so to speculate in anyway would be premature at this point.”

Still, Kalicki said Chergey may receive further disciplinary action, the extent of which has yet to be determined.

“We’re really talking about two separate things,” he said. “One is a student handbook violation based on violent act on campus that we consider a major violation in which a student can be removed from residence halls or the academic
institution for an extended period of time.

“The other, equally, is something we will try to get more information on and monitor,” Kalicki said. “When we believe we have enough information, we’ll put him through the proper judicial process on campus.”

According to the Kalicki, the SNHU handbook indicates a student may not disrupt relationships within the university and surrounding community, which the felony charges fall under.

“There is a whole set of ranges, which becomes a challenge for us because we’re not holders of the information,” he said.

“We simply have Paul’s brief version of what took place, so, until we find out more, we have no other immediate action other than what the basketball coach has decided.”