N.H. DOJ updates state’s Exculpatory Evidence Schedule

81 names added to document formerly known as the Laurie List

CONCORD – Since June 1, the state Department of Justice has added the names of 81 New Hampshire police officers to its so-called Exculpatory Evidence Schedule, formerly known as the Laurie List, bringing to 249 the number of officers determined to have credibility issues.

An email from Gilles Bissonnette, director of American Civil Liberties Union of New Hampshire, contained the updated EES list, as well as a compliance document, which lists the police departments from which the DOJ received a certificate of compliance notification.

The updated EES document, meanwhile, remains heavily redacted; blacked out are the names of the officers and the dates of the incidents that led to their names being put on the list.

The unredacted information lists the department, the date of notification, and the category under which the officers’ alleged offenses fall.

Tuesday’s documents release is the latest development in the lawsuit the ACLU-NH, the New Hampshire Center for Public Interest Journalism and several media outlets, including The Telegraph, filed under the state’s Right to Know law.

The plaintiffs argue in the suit that names of police officers on the new EES and its predecessor, the Laurie List, are public records under the Right to Know statute.

State officials disagree, putting forth the argument that the list, which names police officers with credibility issues, is an extension of the officers’ confidential personnel files, and therefore is not subject to the Right to Know law.

According to the unredacted portion of the EES list, 12 entries have a notification date of Dec. 20, 2017. Not all entries list a category, but those that do show concerns as:

 six offenses related to truthfulness,

 three related to falsifying reports or records,

 one of legal procedure,

 one of obedience to laws and policies,

 one of issuance of unlawful orders, and

 one for the use of physical or deadly force.

Other local towns listed include Milford, twice, with no date or category; Hollis, on Sept. 1 under truthfulness; a second time, no date or category; Hudson, no date or category; Brookline, twice, no date or category; Merrimack, twice, no date or category.

As for the EES Certificates of Compliance list, local towns checked off as compliant include Amherst, on Jan. 18; Hollis, on Dec. 21, 2017; Merrimack, on Jan. 2; Milford, on Dec. 29, 2017; Wilton, on Sept. 7; and Lyndeborough, on April 28.

Not checked off are Nashua, Hudson, Litchfield, Brookline and Mont Vernon.

Dean Shalhoup can be reached at 594-1256, dshalhoup@nashuatelegraph.com, or @Telegraph_DeanS.

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