CONCORD, N.H. — 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.
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.