Plaintiff in YDC trial rests his case; defense case to begin Tuesday
Apr. 29—A superior court judge will allow the jury to consider the merits of a lawsuit filed by a former resident of the Youth Development Center alleging abuse in the 1990s.
Former YDC resident David Meehan filed the lawsuit in 2020, which attorneys for the state argued was after the three-year statute of limitations had lapsed.
Assistant Attorney General Brandon Chase fought for a directed verdict after the plaintiff rested his case on Monday afternoon at Rockingham County Superior Court. A directed verdict would have put an end to the trial without the jury deliberating.
The defense will present its case starting Tuesday morning.
Chase said the lawsuit should have been filed by 2001. "The evidence throughout this trial shows these claims arose no later than Sept. 12, 1998," he said.
Judge Andrew Schulman mentioned the narrow view of life Meehan must have had while living at YDC, later renamed the Sununu Youth Services Center.
"He knew that he was injured, but how does he know it went above a few rogue actors and doesn't go above the level or house level, but it is the state agency that is responsible?" he said.
David Vicinanzo, Meehan's attorney, said his client wasn't aware of the level of abuse until he was interviewed by a state trooper in 2017, who made him aware of more widespread failure.
"He certainly had no conception of an institution in Concord called DHHS that really was responsible," Vicinanzo said.
Judge Schulman said the jury will decide on both the statute of limitations and the merits of the case, commenting, "I think a reasonable jury could go both ways in this close question."
Chase said the abuse was conducted by individual workers, some of whom have been criminally charged.
Vicinanzo argued more training should have been offered in terms of ensuring staff knew how to properly report and stop abuse.
"I remember 20 years ago when the Office of the Attorney General investigated the Catholic Church appropriately and took the exact opposite position and said, 'The church since the '60s should have been training to prevent sexual abuse,'" Vicinanzo said.
He mentioned the lack of transparency from "top to bottom" based on the testimony given.
Schulman agreed that the center appeared to hire inexperienced workers "who lacked meaningful education and meaningful training."
The hearing took place without the jury in the room.
The jury was told the trial likely will wrap up either Friday or Monday.
