Former Sheriff Mark Brave: No deal on felony charges. Here's what is next.
BRENTWOOD — With a plea deal offered by the state, and a counter plea from the defense rejected by the state, former Strafford County Sheriff Mark Brave's case will now move to criminal mediation.
Brave, who is facing eight felony charges and has been in negotiations for a plea deal, appeared in Rockingham County Superior Court for a dispositional conference Tuesday. The parties were in court less than five minutes.
Brave was arrested in August. He is accused of stealing approximately $19,000 in county funds by submitting personal expenses for reimbursement with "fraudulent justifications," and committing perjury by lying to a grand jury about an extramarital affair and his expenditures, according to state Attorney General John Formella. Brave could receive 64-plus years in jail if convicted at trial, according to prosecutors.
Assistant Attorney General David Lovejoy told Judge James Kennedy Tuesday the plea deal offer had been made to Brave, through his attorney Leif Beckett.
"There was a counteroffer made to the state," said Lovejoy. "The state rejected it."
Brave remains free and no date was set for the mediation.
Mark Brave could face trial if mediation doesn't result in a deal
Assistant Attorney General Joe Fincham said criminal mediation often involves a retired judge, who speaks to each party separately and then together to try and reach a resolution. He said he did not think it was a public process.
"If we cannot reach successful mediation, we will move to a trial date," said Fincham. He did not reveal any details of the state's offer or Brave's counteroffer.
The charges Brave faces, all felonies, are two counts of falsifying or destroying physical evidence, theft by deception, perjury (inconsistent material statements), and four counts of perjury (false statements under oath).
A spokesperson for the state previously said no details were being released on the plea deal offer per the laws governing the process. An agreement between the defense and prosecution would have to be reached and a judge's approval would be required for a plea deal to be enacted.
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In December, Brave submitted his resignation at Rockingham Superior Court, after the state moved to revoke his bail because he was not living in New Hampshire, which is required of the sheriff and a part of his court order. His resignation as sheriff made his place of residence less relevant.
Brave bought a Porsche after the sale of his Dover home for $1.15 million last year, prosecutors said, while claiming he couldn't afford to pay for an attorney. He also accepted more than $10,000 in pay while on leave as sheriff and living out of the state in Massachusetts, in violation of his job and bail requirements. Judge Daniel St. Hilaire last month agreed with prosecutors about Brave's dishonesty about his finances and told Brave he had to pay for his own attorney.
In the state's motion to continue, made last month, Fincham said the state had begun the process of providing discovery material to Brave and his attorney. He stated they had not yet formalized details of a formal plea offer but anticipated that being completed within about two weeks.
In his resignation letter, Brave wrote, "I am proud to have served as high sheriff of Strafford County and to have been both the youngest sheriff and first African American man to have served in this role across the state of New Hampshire. At this time, I feel it is in the best interest of Strafford County, my subordinates, and the populations we serve that I step aside while I address the allegations made against me. I look forward to resolving my pending legal matter and to serving my constituents again in (the) future."
This article originally appeared on Fosters Daily Democrat: Former Strafford County Sheriff Mark Brave faces criminal mediation
