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-   -   West Alton Marina manager arrest for alleged sex crimes (https://www.winnipesaukee.com/forums/showthread.php?t=27370)

FlyingScot 05-18-2022 05:06 PM

Quote:

Originally Posted by XCR-700 (Post 370823)
Oh god, could this be more sickening,,,

The only other word that comes to mind is tragic.

How does such madness happen in 2022 and in a place like Winnipesaukee.

Its almost unbelievable. This is the kind of thing you expect to here behind the curtain in some communist 3rd world country, but not here.

Agree on tragic and sickening. But I think we've seen very clearly over the past 10 years or so that depravity does not know politics, religion, and other espoused values. It's happened in hundreds of American churches and scout troops, so a marina should not be a surprise (though I admit I'm surprised). If you see something, say something...

LikeLakes 05-18-2022 05:22 PM

Without making accusations of things I/we don't know the full details of, it seems like we can all agree that a sale of the business to a new owner would be a positive step, to an owner that appreciated and supported their team of employees going forward. I have a feeling this may happen sooner rather than later due to the bank involvement described above. No reason for it to be a fire sale auction, there is a ton of value in that marina and the bank would cooperate with a new owner. I'd be shocked if behind the scenes discussions were not already happening about this.

SailinAway 05-18-2022 06:31 PM

Quote:

Originally Posted by FlyingScot (Post 370828)
Agree on tragic and sickening. But I think we've seen very clearly over the past 10 years or so that depravity does not know politics, religion, and other espoused values. It's happened in hundreds of American churches and scout troops, so a marina should not be a surprise (though I admit I'm surprised). If you see something, say something...

XCR-700 asked, "How does such madness happen in 2022 and in a place like Winnipesaukee?" There are a few causes of pedophilia, but we need to separate the causes within the perpetrators from detection and reporting. In some posts in this thread we see an aversion to talking about pedophilia, a hush-hush tone. Why? Because sex crimes are embarrassing? Shameful? When this aversion is conveyed to children and adolescents, they are less likely to report pedophilia to their parents, guidance counselors, or the police. It's hard to prosecute a hidden crime or fix a hidden social condition. Of course, this crime is the opposite of the life we associate with the Lakes Region, so it's understandable that some people would prefer not to talk about it in this forum. (But we talk about plenty of other unsavory things, like high taxes, Covid wars, etc.) Silence isn't going to help this problem.

John Mercier 05-18-2022 07:36 PM

Liability insurance may cover any civil action.

TiltonBB 05-18-2022 08:38 PM

Quote:

Originally Posted by LikeLakes (Post 370831)
I'd be shocked if behind the scenes discussions were not already happening about this.

There have been discussions with at least two major players.


Quote:

Originally Posted by John Mercier (Post 370843)
Liability insurance may cover any civil action.

Most liability insurance policies have an exclusion for criminal acts. I would be surprised if their policy does not have that.

dickiej 05-18-2022 09:22 PM

I’m confused….admittedly, I haven’t been reading following all the details…is the police chief male or female?

mcdude 05-18-2022 09:26 PM

what difference would that make?

John Mercier 05-18-2022 09:29 PM

The two sisters are third-party.
The insurance would need to determine their direct involvement with the crimes and the oversight of operation. If simply negligent as silent partners... I suspect they would be covered.

SailinAway 05-19-2022 10:35 AM

Quote:

Originally Posted by dickiej (Post 370847)
I’m confused….admittedly, I haven’t been reading following all the details…is the police chief male or female?

I believe the reference is to Gilford police chief Anthony Bean Burpee, so male. Mcdude asks what difference that would make. I guess some jobs have some kind of "morality clause" but I don't know what those standards are. Morality can be hard to determine. In this day and age homosexuality is no longer immoral for more than half of the country (judging from the acceptance of gay marriage both legally and in the public perception). But having a relationship with a pedophile (a criminal) would impugn a public servant. Apparently people who violate morality norms are at risk of blackmail, which impairs their ability to perform their duties. Heterosexual relationships between employees of the same company or agency are sometimes prohibited because they create boundary issues like favoritism and power imbalances. Legally, I don't think it matters whether the Gilford police chief is male or female or gay or straight, but I think a connection to a pedophile would matter a great deal, which may be why he resigned.

AC2717 05-19-2022 10:50 AM

Quote:

Originally Posted by SailinAway (Post 370860)
I believe the reference is to Gilford police chief Anthony Bean Burpee, so male. Mcdude asks what difference that would make. I guess some jobs have some kind of "morality clause" but I don't know what those standards are. Morality can be hard to determine. In this day and age homosexuality is no longer immoral for more than half of the country (judging from the acceptance of gay marriage both legally and in the public perception). But having a relationship with a pedophile (a criminal) would impugn a public servant. Apparently people who violate morality norms are at risk of blackmail, which impairs their ability to perform their duties. Heterosexual relationships between employees of the same company or agency are sometimes prohibited because they create boundary issues like favoritism and power imbalances. Legally, I don't think it matters whether the Gilford police chief is male or female or gay or straight, but I think a connection to a pedophile would matter a great deal.

Also at the same time, the police chief was allegedly having an affair with another man, it cannot be expected that he knew what the other man was doing as well.
I would imagine he stepped down due to the investigation on the sex crimes revealed his infidelity and as stated above, from a morality standpoint not a good look for the Police chief to be stepping out in any circumstance, and then the possible connection to what the other person on top of it.

John Mercier 05-19-2022 11:07 PM

Possibly the off chance that a charge of Official Oppression could be registered.
If further investigation revealed that the Chief was doing as the accused stated and setting aside complaints rather than investigating them.

None of us will really know for some time as cases take a while to make it through the court system.

jeffk 05-20-2022 05:05 AM

As far as I know, the owner is still in charge of the marina. As a young person, would you want to be working for this terrible excuse for a human being? Would a responsible parent want their kids working there? Would you want to be working there if you were an adult? Grant that an adult may need a steady paycheck but other options have to be available and I would be looking for another job ASAP.

As a customer, I would be worried about reliable service amidst the chaos, as well as moral concerns of supporting such a group of owners.

A sale of the marina might resolve these problems but that is not happening right away.

TiltonBB 05-20-2022 10:19 AM

Quote:

Originally Posted by John Mercier (Post 370885)
Possibly the off chance that a charge of Official Oppression could be registered.
If further investigation revealed that the Chief was doing as the accused stated and setting aside complaints rather than investigating them.

None of us will really know for some time as cases take a while to make it through the court system.

It is not within the scope of the Gilford Chief's authority to investigate crimes in Alton. He wouldn't be setting aside complaints because they allege crimes committed in Alton, out of his jurisdiction.

John Mercier 05-20-2022 10:24 AM

Then using his official status to interfere.

It doesn't make a huge amount of sense to resign for something that isn't going to magically go away... nor would it be criminal on his part.

What are they going to do... fire him for being bi/homosexual?
Not like the Town of Gilford could afford that lawsuit.

tis 05-20-2022 01:48 PM

I heard on tv that he couldn't do his job because somebody could threaten to "out" him. Sort of like blackmail I guess so they couldn't be charged with a crime.

John Mercier 05-20-2022 02:15 PM

Well, technically... he is outed.
So why leave?

tis 05-20-2022 02:21 PM

Quote:

Originally Posted by John Mercier (Post 370898)
Well, technically... he is outed.
So why leave?

I think he left before he was outed.

upthesaukee 05-20-2022 05:20 PM

Nothing new here
 
Back in 2014, he discussed being gay and was one of the first gay police chiefs. It's not like he was being "outed" by all this.

Dave

tis 05-20-2022 06:39 PM

Quote:

Originally Posted by upthesaukee (Post 370900)
Back in 2014, he discussed being gay and was one of the first gay police chiefs. It's not like he was being "outed" by all this.

Dave

I think by outed they meant more than just the fact he is gay. More like they knew what was going on.

John Mercier 05-20-2022 06:44 PM

Outed mean homosexual.

If he knew more, and didn't act, he could be criminally charged.
That could even put the Town of Gilford in the sights of the lawyers.

If the marina's insurance won't cover the suit, and the marina may not be as deep a well as some think, moving toward the ex-Chief and the town would be the next well.

tis 05-20-2022 07:30 PM

Quote:

Originally Posted by John Mercier (Post 370903)
Outed mean homosexual.

If he knew more, and didn't act, he could be criminally charged.
That could even put the Town of Gilford in the sights of the lawyers.

If the marina's insurance won't cover the suit, and the marina may not be as deep a well as some think, moving toward the ex-Chief and the town would be the next well.

I would have to be living in a cave if I didn't know what outed means.

TiltonBB 05-20-2022 07:34 PM

Quote:

Originally Posted by John Mercier (Post 370903)
Outed mean homosexual.

If he knew more, and didn't act, he could be criminally charged.
That could even put the Town of Gilford in the sights of the lawyers.

If the marina's insurance won't cover the suit, and the marina may not be as deep a well as some think, moving toward the ex-Chief and the town would be the next well.

He cannot act on something that is outside his jurisdiction. The Gilford Police Chief has no power in Alton so there is nothing for him to act on.

The town of Gilford has no liability in this matter. What an employee does on his own time in a different town is not the responsibility of the town.

Being named in the investigation as having been somehow involved in this out of town matter may reflect poorly on him but unless his conduct was criminal it will end there. If there was no criminal conduct on his part, and what happens between two consenting adults is not criminal, then it will end there.

It remains to be seen if there is more to the story.

Attachments of more than $6 million worth of assets are being sought against West Alton Marina and its owners by four plaintiffs who have filed civil suits. The plaintiffs are asking the court to seize a total of $6,750,000 in assets to ensure there will be funds available to pay any any damages that might be awarded as part of the final judgment in their cases.

https://www.laconiadailysun.com/news...23ec8eb3b.html

John Mercier 05-20-2022 08:14 PM

Sorry, but as a part of his office... he must forward the complaint.
So yes, he would have had the power to act and chose not to... if it is determined that he knew of the situation.

''A public servant, as defined in RSA 640:2, II, is guilty of a misdemeanor if, with a purpose to benefit himself or another or to harm another, he knowingly commits an unauthorized act which purports to be an act of his office; or knowingly refrains from performing a duty imposed on him by law or clearly inherent in the nature of his office.''

The town would have an employee that committed a crime, just like the marina.
The town could be held liable for the actions of the employee, just like the marina.

The nature of his employment, in this situation, does not allow for ''personal'' time.

SailinAway 05-20-2022 08:41 PM

In any case, under NH law everyone is required to report abuse of a minor or elderly person.

mcdude 05-20-2022 09:36 PM

Quote:

Originally Posted by Slickcraft (Post 361006)
I agree, hence I did not start a thread. Time to end the discussion here.
Alan


Just a comment: This topic has been explored appropriately and with prudence IMHO. No names have been named and no ugly off-topic comments have been made. I applaud you, fellow forumites.

TiltonBB 05-21-2022 09:28 AM

Quote:

Originally Posted by John Mercier (Post 370908)
Sorry, but as a part of his office... he must forward the complaint.
So yes, he would have had the power to act and chose not to... if it is determined that he knew of the situation.

''A public servant, as defined in RSA 640:2, II, is guilty of a misdemeanor if, with a purpose to benefit himself or another or to harm another, he knowingly commits an unauthorized act which purports to be an act of his office; or knowingly refrains from performing a duty imposed on him by law or clearly inherent in the nature of his office.''

The town would have an employee that committed a crime, just like the marina.
The town could be held liable for the actions of the employee, just like the marina.

The nature of his employment, in this situation, does not allow for ''personal'' time.

Your post is full of speculation. You are jumping to conclusions not supported by the evidence. There has been no evidence thus far that the Chief broke any laws.

Forward the complaint? There has been nothing revealed so far to determine that the Chief got any complaints.

This was in the news: "One of the suits alleges that Murray told the plaintiff that it would be useless for him to go to police because he was having sex with the Gilford police chief and another officer and so was “untouchable.”

That sentence doesn't say that the Chief did anything wrong or illegal. He is not responsible for Murray's claims, and may not even be aware of them. It is legal for the Chief to have a relationship with Murray.

The town would have an employee that committed a crime? What crime? There has been no evidence thus far that the chief knew of the illegal activities of Murray and his partner, only a claim by Murray that had had a relationship with the chief.

The nature of his employment does not allow for personal time? So in a jurisdiction where he has no police powers, when he is not at work, and where you have no facts to show he knew of any crimes, you still think he "refrained from a duty imposed upon him by law?" And, you think the town of Gilford is somehow liable?

If, as you claim, he has no personal time, and the town is somehow liable for his actions all the time, and must report crimes, would you say the town of Gilford was somehow responsible if the Chief failed to report a violation of law, say, while vacationing in California? You know, like saw a speeder in a car but didn't report it?

John Mercier 05-21-2022 10:06 AM

If you have been reading... we are speculating why the resignation?

It wasn't because he was homosexual. So what was it?

If he knew... or even suspected... do to interaction with any of the parties... his duty is to move it to the Alton Chief and the AG.

And no, a police chief can not state ''I was off duty when the crime happened''... ''I was off duty when suspicion of a crime was happening''... ''I heard the rumor when I was off duty''.

The law does not allow for that.

TiltonBB 05-21-2022 01:38 PM

Quote:

Originally Posted by John Mercier (Post 370927)
If you have been reading... we are speculating why the resignation?

It wasn't because he was homosexual. So what was it?

If he knew... or even suspected... do to interaction with any of the parties... his duty is to move it to the Alton Chief and the AG.

And no, a police chief can not state ''I was off duty when the crime happened''... ''I was off duty when suspicion of a crime was happening''... ''I heard the rumor when I was off duty''.

The law does not allow for that.

"We" are not speculating. I am speaking of known facts and pointing out where your speculation does not agree with the facts.
Quote:

Originally Posted by John Mercier (Post 370885)
Possibly the off chance that a charge of Official Oppression could be registered.
If further investigation revealed that the Chief was doing as the accused stated and setting aside complaints rather than investigating them.

None of us will really know for some time as cases take a while to make it through the court system.

You are the only one speculating, and doing so with a lack of information and distortion of the actual facts. Among other errors, the accused (Murray) never stated that the Chief was setting aside complaints. Murray said that there was no point in going to the police because of his relationship with the Chief. You turned that into the accused stating the chief was setting aside complaints, and added the possibility of official oppression.

At this point, what is known is the Chief may have had a relationship with Murray. That is all. There has been no public accusation of anything illegal on the part of the Chief. Turning that into liability for the town is, at this time, a stretch. More information will certainly come out as the legal process continues.

TiltonBB 05-21-2022 01:48 PM

The financial aspects of this matter should be interesting.

The accusers families have asked for an attachment of over $6 million on the marina. Meredith Village Savings Bank has a mortgage of over $5 million on the property. That will total over $11 million in liens, if nothing else comes up.

Looking at recent sales and comparing what Channel Marine and Thurston's Marina sold for it is hard to see a property valuation that will be anywhere near that for West Alton Marina.

John Mercier 05-21-2022 02:06 PM

Quote:

Originally Posted by TiltonBB (Post 370940)
"We" are not speculating. I am speaking of known facts and pointing out where your speculation does not agree with the facts.


You are the only one speculating, and doing so with a lack of information and distortion of the actual facts. Among other errors, the accused (Murray) never stated that the Chief was setting aside complaints. Murray said that there was no point in going to the police because of his relationship with the Chief. You turned that into the accused stating the chief was setting aside complaints, and added the possibility of official oppression.

At this point, what is known is the Chief may have had a relationship with Murray. That is all. There has been no public accusation of anything illegal on the part of the Chief. Turning that into liability for the town is, at this time, a stretch. More information will certainly come out as the legal process continues.

No. If you read the posts... different people posted on what might be the reason for his resignation.

Since it isn't his sexuality... and no one can think of a good reason... I speculated that he may have had some insight into rumors, and failure to pass those to other authorities would be official oppression.

So far. No one has come up with any reason that he would resign. People knew he was homosexual. He isn't the first official, even a local police chief to have an adulterous affair... not even news around here... and the only time it has been news is when the official failed their duty.

Even a misdemeanor conviction against a police officer is not that unusual... so I am open minded as to what it may be.

Personally, I don't think it is any more of a stretch than the silent partner sisters. They didn't commit the claimed acts; we don't even know if they had heard any rumors or had any knowledge of it.

What we know is that well is only so deep, and we don't know what property was pledged in support of the bank note. Was it just the marina, or did it include homes and other property?

The chief's resignation seems odd with the history that we have around here.

winni83 05-21-2022 02:12 PM

The existence of the mortgage and the attachment liens, if they are upheld, will certainly impact any voluntary sale. But a foreclosure of the mortgage will extinguish the attachments, with the proviso that any excess foreclosure sale proceeds above the amount owed to the mortgagee will go first to valid junior lienors and then to the owner. This assumes that taxes and other municipal liens are current. Candidate for a Chapter 11 filing?

Descant 05-21-2022 02:48 PM

Not part of this thread directly, but I am under the impression that WAM planned some major upgrades and/or expansion. If that is the case, and the work has not been done, the bank may still have some of the funds held back and the eventual debt could be much less. Is there work in progress? If I were a contractor, I'd want payment in advance. It would probably sell for more if it went condo.

camp guy 05-21-2022 02:50 PM

West Alton Marina
 
I think what mcdude had to say last evening was appropriate, but I fear that as this thread moves through time it (the thread) could easily deteriorate into something rather unseemly. Maybe it is time to let this topic rest and move on to topics more about boating, restaurants, and lake life.

Sue Doe-Nym 05-21-2022 03:10 PM

Before we let it rest, may I mention the best selling novel, Peyton Place, written by Grace Metalious (sic) about a small NH town. Does this ring a bell? At the time, it was s shocking tale. Hmmm…

Mr. V 05-21-2022 04:01 PM

Speculation: Perhaps the chief resigned because he suspected his relationship with one of the accused would become known and cast him in a bad light, personally and professionally.

Question: did he resign before the story of the sexual abuse broke in the media?

If so, perhaps he knew about it and figured "Uh oh, I'm in an impossible position."

If he resigned after it broke then he probably read the hand writing on the wall and left to avoid further scandal.

Sad, either way: it seems he was a competent policeman; hopefully he'll do OK elsewhere.

John Mercier 05-21-2022 07:48 PM

Shocking at the time.
Today it would be rather tepid.

Winni83... I think I am more questioning what the final sales value would be?
It obviously speculation... but rising interest rates and the shadow of a serious recession... simply make me wonder if there would be enough to even come close to covering the lawsuit; should it come to that.

I can't seem to find records on incorporation... but it may be that I am not looking under the correct name.

winni83 05-21-2022 08:00 PM

John, the name is West Alton Marina, LLC. It is a Delaware LLC registered to do business in NH.

https://quickstart.sos.nh.gov/online...usinessID=4731

SailinAway 05-21-2022 10:00 PM

Quote:

Originally Posted by John Mercier (Post 370943)
No. If you read the posts... different people posted on what might be the reason for his resignation. . . . The chief's resignation seems odd with the history that we have around here.

Sometimes people resign hastily to head off an investigation. That doesn't indicate guilt, though. It seems unlikely that the resignation is completely unrelated to the marina affair, given the timing. That would seem to indicate that the chief foresaw that the investigation into Murray would turn up something unfavorable to the chief that would result in his firing. Better to quit than be fired. I'm only speculating.

John Mercier 05-22-2022 09:32 AM

That was my thoughts.
But I just can't imagine what.

I just can't imagine that the lawyer working for the plaintiffs would not pursue that.
It may lead to nothing, but advocating for your client should lead you somewhat in that direction.

SailinAway 05-22-2022 10:24 AM

Quote:

Originally Posted by John Mercier (Post 370975)
That was my thoughts. But I just can't imagine what. I just can't imagine that the lawyer working for the plaintiffs would not pursue that. It may lead to nothing, but advocating for your client should lead you somewhat in that direction.

The chief must have resigned based on legal advice, indicating that what the public doesn't know about his case is not small. NHPR, May 3: "[The chief] had been on paid leave since Jan. 10. He has been the subject of a criminal investigation by the Public Integrity Unit of the state Attorney General‘s Criminal Justice Bureau." Four months later, the AG apparently had discovered enough to convince Bean Burpee to resign.

This statement by Brian Fortier is pretty strange and disingenuous given that he was or is married to John Murray, according to the lawsuit: "Our family is shocked and deeply saddened by the disturbing allegations against former employee John Murray."


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