NH election 2022: County attorney race personal for challenger after abuse indictment

BRENTWOOD — Rockingham County Attorney Patricia Conway faces a challenger for her seat this November who alleges she wrongfully indicted him on child sexual abuse charges.

Richard Clark, a Portsmouth-based defense attorney, says Conway indicted him on charges alleging he assaulted and sexually abused a minor in 2019. The charges were dropped and annulled, and now Clark, a Democrat, is hoping to unseat Conway, a 24-year prosecutor who is seeking her fifth term.

“The only person I have to blame for what happened was Pat Conway,” Clark wrote in an op-ed in the New Hampshire Union Leader. “How do we stop this? First, we must remove Conway from power.”

Conway, a Republican, denied the claim her office brought baseless charges against Clark. She said her record of convicting violent criminals while strengthening alternative sentencing for non-violent offenders puts her ahead of her challenger in the race for top prosecutor.

“Because of my leadership and the hard work of all the staff, the county attorney’s office has flourished and is stronger than ever,” Conway said.

Clark has been practicing law for 15 years. He was first a private criminal defense contract attorney appointed to the Newburyport District court in Massachusetts from 2007 to 2011. Today he has a defense practice, Clark & Associates, LLP, on Route 1 in Portsmouth.

Clark said he was inspired to run after the charges he faced in 2019, which he said were wrongful accusations that resulted from his divorce at the time. He said he was investigated by Portsmouth police, but was never arrested by their officers.

Within a few weeks of their initial probe, he said a Rockingham County grand jury handed down indictments against him. He faced two counts of aggravated felonious sexual assault, an enhanced charge alleging a pattern of sexual assault and a count of second degree assault.

Clark said the charges were dropped in 2021. He alleges that was six months after Conway saw a letter informing her the state Division for Children, Youth and Families investigated and concluded no abuse occurred.

Clark said the charges kept him apart from his family per a court order. He also alleged Portsmouth police were denied an arrest warrant by a judge and that Conway broke from common practice to bring charges anyway.

“I can’t find another county attorney in the United States other than Pat Conway who will sign an indictment after a district court judge denied an arrest warrant,” Clark said.

Clark decided earlier this year he wanted to challenge Conway and launched his campaign. He said he plans to advocate for change in the law to prevent county attorneys from signing indictments after a district court judge has denied an arrest warrant.

“I will work with the state Legislature to make sure this injustice doesn’t happen to other innocent parents,” Clark said.

Portsmouth's city attorney said the city could not provide documents related to the case because it was sealed and annulled, while Portsmouth police deferred comment to the Rockingham County attorney’s office. A court official said the file could not be retrieved.

Conway said she could not comment on the case because it was sealed and involved a minor, but she said her office never brought charges against Clark they did not believe to be based in fact. She said it is not uncommon for prosecutors to bring charges after an arrest warrant is denied. She said her office often looks into cases after the initial investigation or asks police departments to conduct follow-up.

Conway also said that their criminal investigations into sexual abuse charges are different and separate from those conducted by DCYF. She also said in some cases, victims change their testimony, reversing an investigation’s course.

“The state believed that we could prove the charges beyond a reasonable doubt right up until the time the office received new information,” Conway said. “When the evidence shifted or changed, the case was reassessed, and the charges were dropped as the state no longer believed it could meet its burden of proof.”

Conway stands by record as county attorney

Conway said she developed her passion for prosecuting criminal offenders interning at the Suffolk County District Attorney’s office at the Boston Municipal Court in the late 1990s, calling it her “true calling in life.” She was assistant county attorney in Rockingham for 16 years before running for the top post in 2014.

Conway touts having strengthened programs like drug court, mental health court, the felony diversion program and the veteran’s court for non-offenders. She also implemented the Sexual Assault Resource Team and the Commercial Sexual Exploitation Task Forces. Those groups analyze victimization and formulate multi-disciplinary responses and practices to better serve victims of human trafficking and sexual assault.

She said a big concern now is the increase of mentally ill people in the criminal justice system. She said this has been brought on by factors like isolation during the pandemic and a lack of resources regarding housing and treatment. She said her intent is to collaborate with county, community partners and the court system to ensure resources and housing are available.

“Our jails are not equipped to handle the severely mentally ill,” Conway said. “Thus, it is our duty as elected officials to advocate for those solutions.”

Clark wants to remove 'controversy' from county attorney's office

Meanwhile, Clark painted a picture of scandal and controversy at the county attorney’s office under Conway’s tenure. In addition to his own case, Clark pointed to Conway’s firing of Jerome Blanchard, who alleged he was terminated by newly elected Conway in 2014 in retaliation for cooperating with an attorney general investigation into the office under Conway’s predecessor, James Reams. Blanchard reported Conway’s husband had been scrubbed from the county's Laurie List of law enforcement officers with credibility issues by Reams, which Reams called an error and Conway said she knew nothing about.

Clark also pointed to Conway being considered for a superior court judge nomination last year, during which a concern was raised by Executive Councilor Cinde Warmington, D-Concord, about her voting in a town where she did not live.

Warmington requested an attorney general investigation into whether Conway voted in Atkinson in 2008 while living in Salem. Conway afterwards asked Gov. Chris Sununu to withdraw her nomination.

Associate Attorney General James Boffetti said at the time Conway told him she was staying more at her father’s house in Atkinson than at home at the time to take care of him, and so she voted there in the general election of November 2008. He said because the statute of limitations would have run out on any voter fraud crime and based on her response, his office did not pursue the matter further.

Clark suggested Conway’s nomination withdrawal indicated a lack in integrity.

“If she can't be a judge, do we still want her as our county attorney?” Clark said. “I'm taking a step forward in this year’s election to help right the wrongs.”

Conway said this week, “Any and all allegations made by my opponent are clearly politically motivated and untrue.” She said she is “extremely proud and humbled” Sununu nominated her for the judge position, as well as for her more than 20 years of service. She said there is only one candidate in the race who is fit to serve, is proven and experienced, and who is trusted by law enforcement to uphold the law and seek justice for victims of serious crimes.

“I am that candidate,” Conway said. “And I look forward to earning the support of the people of Rockingham County once again.”

This article originally appeared on Portsmouth Herald: Conway vs. Clark election for NH Rockingham County attorney personal