NH Guard Offers Helping Hand

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DANIEL WEBSTER

UnionLeader.com

Debate: How to run city, schools

By BETH LaMONTAGNE HALL New Hampshire Union Leader

MANCHESTER — Education, city services and spending were the top issues at the Mayor’s Youth Advisory Council debate on Wednesday, featuring the school board at-large, aldermen at-large and welfare commissioner candidates.

All four aldermen at-large candidates were at the City Hall debate, moderated by Christina Williams, and addressed public safety and even the prevalence of pot holes.

Aldermen Dan O’Neil opened the debate with a question on tackling crime. He commended the community

Thursday, November 3, 2011

Vol. 148, No. 187 • 76 Pages

Judge says recording police stop OK Charge dismissed: Weare man was exercising his First Amendment rights, ruling says.

By GARRY RAYNO New Hampshire Union Leader

CONCORD — Citing a federal appeals court ruling, a Goffstown District Court judge dismissed a charge of unlawful wiretapping against a

Weare man who used his cell phone’s voice mail to record a traffic stop by a police officer.

Judge Edward Tenney cited a First Circuit Court of Appeals order in August in the case Glik v. Cunniffe in making his ruling. “The Glik holding makes it perfectly clear that First Amendment protections apply to both audio and video recording.�

William Alleman of 140 Helen Dearborn Road, Weare was charged

in February with violating the state’s felony wiretapping law when he recorded his traffic stop by a Weare police officer. The traffic stop occurred in July 2010; Alleman was not cited for any violation until last February.

When he was charged, Weare police said Alleman made an audio recording of the police officer without his consent.

Alleman was one of three people charged over an 18-month period

by Weare police for either video- or audio-taping arrests by police. The charges against the two other people were dropped.

Alleman’s attorney, Seth Hipple, said from the beginning his position has been that Alleman’s recording was not a violation of state law, but “the Glik opinion came out a week or two after we had our hearing on +See Videotaping, Page A2

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Help from the Guard

+See Debate, Page A10

Itâ&#x20AC;&#x2122;s a date

Power woes power thieves Theyâ&#x20AC;&#x2122;re going after generators: Two were

taken from utility poles.

By JULIE HANSON Union Leader Correspondent

Secretary of State William Gardner made it official Wednesday: The 2012 New Hampshire primary will be held on Jan. 10. Story, Page A3.

THOMAS ROY/UNION LEADER

*UDQLWH 6WDWXV John DiStaso

So what was up with Perry?

THE VIRAL PERRY VIDEO. Within a day of Texas Gov. Rick Perryâ&#x20AC;&#x2122;s speech to about 450 people at the Cornerstone Action fund-raising dinner in Manchester Friday night, +On the Web: a YouTube Youâ&#x20AC;&#x2122;ll ďŹ nd a link h i g h l i g h t to video of Rick video of the Perryâ&#x20AC;&#x2122;s complete 25-minute Cornerstone speech speech went at UnionLeader.com viral.

Views were approaching 1 million Wednesday and the speech had been the subject of talk show jokes and Internet speculation. â&#x20AC;&#x153;Best case scenario, that dudeâ&#x20AC;&#x2122;s hammered,â&#x20AC;? dead+See Status, Page A2

REGULAR FEATURES Abby................................. B7 Business........................B3-4 ClassiďŹ ed ....................B8-10 Comics/TV ................D14-15 Crosswords .................... D13 Editorials.........................A12 Lifestyles ..................B7, B11

Notices A5,B8,B12-13,D7-13 Obituaries .................... A7-9 Opinion ...........................A13 Religion............................ B6 Sports............................D1-7 Veterans........................... B5 Weather......................... D16

A Small Prayer

Todayâ&#x20AC;&#x2122;s Chuckle

When we walk with You, Lord, we can expect great things in our life.

Amen

Hollywood makes movies recycled from TV shows that were recycled from movies.

New Hampshire Union Leader Š2011 Union Leader Corp., Manchester, N.H.

Guardsman Kristina Nee of Epping makes a stop while checking on the welfare of residents without power Wednesday in Litchfield. More storm coverage, Page B1.

DAVID LANE/UNION LEADER

Door-to-door checks made as utilities get the power back on

By NANCY BEAN FOSTER Union Leader Correspondent

W

ITH MOST OF Litchfield still without power days after the surprise October snowstorm, Fire Chief Tom Schofield decided to call in the National Guard. â&#x20AC;&#x153;Weâ&#x20AC;&#x2122;re worried about the people we havenâ&#x20AC;&#x2122;t been able to get to,â&#x20AC;? said Schofield. â&#x20AC;&#x153;A lot of them donâ&#x20AC;&#x2122;t know that we have a warming shelter set up with hot meals and showers.â&#x20AC;?

On Wednesday afternoon, 14 members of the Army National Guardâ&#x20AC;&#x2122;s 237th Military Police Company drove to Litchfield from Plymouth in six Humvees.

Col. Jim Moody said Litchfield is the first town to make the call to the Guard during this storm, though similar mis- Tim Lamper gets a visit from National Guard military police officers Kristina +See Guard, Page A10

Nee of Epping and Allan Esty of Bridgewater while doing welfare checks in DAVID LANE/UNION LEADER Litchfield on Wednesday.

7RGD\ IN NEW HAMPSHIREâ&#x20AC;&#x2122;S NEWSPAPER SPORTS

Heads up for hockey injuries With concerns mounting over concussions, Manchesterâ&#x20AC;&#x2122;s youth hockey league is starting a new monitoring program aimed at limiting the damage from head injuries. +Page D1

NEW HAMPSHIRE

Derry motorcyclist charged A Derry man was charged after police said he lost control of his motorcycle during a stunt and plowed into another biker and a spectator in Epping. +Page B1

NH students get high marks New Hampshireâ&#x20AC;&#x2122;s fourth- and eighth-graders are

among the top students in the nation for reading and math proďŹ ciency, according to â&#x20AC;&#x153;The Nationâ&#x20AC;&#x2122;s Report Card.â&#x20AC;? +Page A5

BUSINESS

CMC raises $180,000 for care The tally is in. The eighth Catholic Medical Center Gala Event, to beneďŹ t the Pregnancy Care Center at CMC, raised close to $180,000 in support of prenatal care for uninsured and underinsured women from the Manchester area. +Page B3

Borrowers to be heard More than 4 million borrowers who have faced foreclosure since early 2009 will have the chance to have their cases reviewed for potential wrongdoing. +Page B3

HUDSON â&#x20AC;&#x201D; Cold-hearted thieves are targeting the generators many people are relying on.

Three generator thefts have taken place in Hudson since a norâ&#x20AC;&#x2122;easter knocked out power over the weekend, Police Sgt. Donna Briggs said. The burglars tend to strike late at night when homeowners are sleeping and witnesses are few.

Travis Provencher said he came face-to-face with one persistent generator thief.

Provencher and his boss have kept a constant presence at II Nasty Choppers on Melendy Road in Hudson since the power went out. They have to keep the generator running so the pumps will keep the basement dry.

Provencher said he dozed off early Sunday morning and woke to realize the generator wasnâ&#x20AC;&#x2122;t running. He immediately went to check on it. A car was parked near the generator, apparently waiting for it to cool down so it could be loaded in the trunk. â&#x20AC;&#x153;As soon as I popped my head up from behind the truck, he started the car and took off up the road,â&#x20AC;? Provencher said.

As he was checking the generator, a man dressed in black walked by with a casual greeting. Provencher followed him +See Generators, Page A10

Todayâ&#x20AC;&#x2122;s Letters: Page A13

DISASTER AID

Gov. Lynch asks feds to reconsider Gov. John Lynch has asked FEMA to reconsider its â&#x20AC;&#x153;limited emergency declarationâ&#x20AC;? and instead make a disaster declaration for the October snowstorm. +Page A10

)URP 3DJH 2QH

Page A10 â&#x20AC;˘ NEW HAMPSHIRE UNION LEADER â&#x20AC;˘ Thursday, November 3, 2011

Lynch repeats call for disaster aid

By MARK HAYWARD New Hampshire Union Leader

A day after President Obama declared that an emergency exists in New Hampshire because of the Halloween 2011 snow storm, Gov. John Lynch said thatâ&#x20AC;&#x2122;s not enough.

The Democratic governor said he wrote the Federal Emergency Management Agency to ask the agency to reconsider its â&#x20AC;&#x153;limited emergency declarationâ&#x20AC;? and provide federal dollars.

Under a disaster declaration, the federal government covers 75 percent of the costs to state and local governments associated with the disaster.

That includes everything from the soup doled out at emergency shelters to the gravel needed to rebuild destroyed roads.

Guard sions were carried out during the December 2008 ice storm.

Moody said the National Guard serves both the federal and state government, and itâ&#x20AC;&#x2122;s good for soldiers to be able to help people in the Granite State. â&#x20AC;&#x153;For them, helping people in their own state is a golden moment,â&#x20AC;? said Lt. Col. Ralph Huber. â&#x20AC;&#x153;They canâ&#x20AC;&#x2122;t help but feel good about it.â&#x20AC;?

Throughout the afternoon and early evening, the soldiers drove through neighborhoods stopping to talk with residents and knock on doors. â&#x20AC;&#x153;We have an idea of some of the people who live in town who might need our help,â&#x20AC;?

Schofield said.

Restoration continues Meanwhile, hundreds of utility workers from across the country and Canada are continuing to work around the state to get the power back on, said Martin Murray, spokesman for Public Service of New Hampshire.

Murray said two satellite

But the emergency declaration the Obama issued Tuesday covers only â&#x20AC;&#x153;direct federal assistance.â&#x20AC;?

It also authorizes FEMA to coordinate disaster relief efforts in all 10 New Hampshire counties.

Lynchâ&#x20AC;&#x2122;s office said that includes the cost of water, food and other materials such as generators that are supplied directly by federal agencies. â&#x20AC;&#x153;FEMAâ&#x20AC;&#x2122;s original declaration does not provide the full range of assistance New Hampshire requested to help address the severe and ongoing impact of this unprecedented storm.

That is why I am asking FEMA to reconsider and amend its declaration,â&#x20AC;? Gov. Lynch said in prepared remarks.

Lynch spokesman Colin Manning said it is too early to put a price tag on snowstorm-

related costs.

Lynchâ&#x20AC;&#x2122;s request is the third this year to FEMA. Earlier requests were for the North Country storm and Hurricane Irene. Manning said FEMA remains in the state working on Hurricane Irene relief.

He did not have information Wednesday night about how much FEMA has made available to New Hampshire in those two efforts.

Asked if Lynch is concerned about federal spending when he makes disaster declaration requests, Manning said: â&#x20AC;&#x153;the governor is focused on doing all we can to assist the communities, and that includes acquiring federal assistance, as other states are doing.â&#x20AC;?

Lynch directed his request to FEMA, rather than Obama, because â&#x20AC;&#x153;that is the way it works,â&#x20AC;?

Manning said.

Van-Scoy to leave Hooksett council Moving: Her resignation

is effective Dec. 1.

By CORY FRANCER Union Leader Correspondent

HOOKSETT â&#x20AC;&#x201D; Nancy VanScoy is resigning from the town council and relocating to Salem, but she said she has loved being a councilor and would continue to serve if she could.

She said when she first joined the council more than three years ago, the rules of debate were not always followed. â&#x20AC;&#x153;I think there is a lot more politeness and professionalism being shown,â&#x20AC;? she said.

Over the last few years, the council has seen a lot of turn-

over. That has brought challenges and benefits, Van-Scoy said. â&#x20AC;&#x153;When you rely too much on the way Hooksett has always done it and rely too heavily on those that have been in control in the past, you start to secondguess yourself,â&#x20AC;? she said.

Town Administrator Dean Shankle said VanScoyâ&#x20AC;&#x2122;s resignation is effective Dec. 1. He said the town charter states that a vacancy on the council must be filled within 30 days by a majority vote of the council.

A special election will be held should the vote remain tied after three calls.

Council Chairman William Sirak said VanScoyâ&#x20AC;&#x2122;s outspoken nature and community involvement have made positive

Debate

Continued from Page A1 policing program, calling for more involvement from the public in preventing crime. Alstations have been set up for Though the schools themthe crews â&#x20AC;&#x201D; in Hudson and selves have electricity, the con- derman Mike Lopez said the city needs more officers and Amherst, where significant cern according to Supt. Mark that there were four recently damage took place â&#x20AC;&#x201D; so that Conrad is the high number of hired and a grant secured to work can be performed more downed lines throughout the hire three more. quickly and efficiently. city.

Joe Kelly Levasseur called for As of 10:30 p.m. Wednesday, Amherst and Mont Vernon increased activity in the cityâ&#x20AC;&#x2122;s PSNH reported that about parents got the good news neighborhood watch groups 47,000 customers were still on Wednesday evening that and said â&#x20AC;&#x153;what we have to do without electricity, with almost schools are open today. to control crime is we need to 14,000 out in Nashua, 3,800 in â&#x20AC;&#x153;We wanted to get the make sure more police officers Manchester, and thousands schools open sooner,â&#x20AC;? said are on the street.â&#x20AC;? more scattered across the Amherst Police Chief Peter State Rep. Will Infantine south central portion of the Lyon, â&#x20AC;&#x153;but we had to make state. sure the roads were safe first.â&#x20AC;? pointed to the connection between drugs and crime as an â&#x20AC;&#x153;The entire area from HookLike many towns, Amherst area the city should focus on sett to Nashua was extremely had a significant number of and said he is â&#x20AC;&#x153;very happy with hard-hit,â&#x20AC;? said Murray. downed trees and downed Chief (David) Mara and the wires.

Schoolâ&#x20AC;&#x2122;s (mostly) in changes heâ&#x20AC;&#x2122;s made in the city.â&#x20AC;?

Most of that has been A question about how the cleared with the help of the In Manchester, students will candidates would respond to Department of Public Works, return to class today, as will the state Department of Trans- a crisis was timely, as many at kids who attend Mountain the debate had experienced a portation, and the Forestry View Middle School in power outage during the snowService.

Goffstown. In Hudson and storm.

But there are still many Londonderry, thereâ&#x20AC;&#x2122;s a Levasseur said his availability downed wires that have been 90-minute delay. Litchfield to the public is a top asset for students have a two-hour marked, and in some cases delay. constituents during a crisis. Inthis morning, students will fantine pointed to his availabiliBut in Nashua, officials have to walk through the ty not only in the city, but online have canceled school again rubble to meet their buses while power restoration efforts because the roads are still not as a way voters can contact him in critical moments. But Oâ&#x20AC;&#x2122;Neil continue. passable for vehicles. said face time is best. â&#x20AC;&#x153;Electronic forms of communications are great, but thereâ&#x20AC;&#x2122;s nothing like being out there, real face time and boots on the ground,â&#x20AC;? said Oâ&#x20AC;&#x2122;Neil.

The School Board At-Large debate, moderated by Kevin Cassidy, featured two of the four candidates: education advocate Kathy Staub and state Rep. Ross Terrio. Former Alderman David Whiby and Joshua Harwood did not attend. There was as much agreement as difference of opinion between these two candidates, who both focused on reducing class sizes as a top priority if elected.

Staub said the board sheâ&#x20AC;&#x2122;s observed has been largely disconnected with the work

Continued from Page A1

Manchester Mayor Ted Gatsas, left, and Chris Herbert, right, debate at City Hall in Manchester Wednesday night. See story, Page B1.

DAVID LANE/UNION LEADER

being done in the schools and she would strive to talk to both school staff and the aldermen.

Terrio said the current board has engaged in â&#x20AC;&#x153;a lot of personal attacksâ&#x20AC;? on Superintendent of Schools Tom Brennan. â&#x20AC;&#x153;I feel that is unacceptable and unprofessional. ... One thing Iâ&#x20AC;&#x2122;d like to change is to bring civility to the atmosphere of the school board. I think Dr. Brennan is a very capable person but his hands are tied. He needs the ability to do his job.â&#x20AC;? â&#x20AC;&#x153;I couldnâ&#x20AC;&#x2122;t agree with you more,â&#x20AC;? Staub said on rebuttal.

Finding more funding for schools is a major challenge, both admitted. Terrio said he would propose charitable gambling in the city and advertising on the school district website and Staub said taxpayers would be willing to pay more if it was spent wisely. â&#x20AC;&#x153;Looking for outside resources is a good idea, but people in Manchester realize you get what you pay for,â&#x20AC;? said Staub. â&#x20AC;&#x153;I think they would support paying higher taxes, within reason, if they knew what it was going for.â&#x20AC;?

Welfare Commissioner Paul Martineau and former Deputy

Generators up the road and saw him get into a silver Saab. The same car returned a half-hour later; Provencher called police around 1 a.m.

Police followed the car, but had to call off the pursuit when speeds became a safety issue, Provencher said.

The same man returned the following evening in a black Honda and left when Provencher approached the car with his boss, Provencher said. The Honda returned around 2 a.m., he said. â&#x20AC;&#x153;Itâ&#x20AC;&#x2122;s like a cat and mouse

contributions to Hooksett. He said her most visible contribution to the town has been as the chairman of Old Home Day. â&#x20AC;&#x153;She does a tremendous job pulling that together,â&#x20AC;? he said, â&#x20AC;&#x153;and with a tremendous amount of success.â&#x20AC;?

Van-Scoy said her involvement as the town council representative to the planning board has been especially rewarding. â&#x20AC;&#x153;Itâ&#x20AC;&#x2122;s a lot of meetings,â&#x20AC;? she said. â&#x20AC;&#x153;But it really put me on the pulse of what is going on in town with economic growth.â&#x20AC;?

As Hooksett continues to grow and develop, Van-Scoy said her hope is residents and council members continue to foster positive relationships.

Welfare Commissioner Diane Guimond focused on the mission of the Welfare Commissioner and how they would run the office more efficiently.

In his 10 years heading the department, Martineau said he saved the city $1.6 million.

Guimond, who advocated for streamlining the application process and working more closely with outside agencies, noted that more than 60 percent of the Welfare budget is made up of salaries.

Martineau said that was true, but that he has also cut expensive positions to hire less costly staff. â&#x20AC;&#x153;Weâ&#x20AC;&#x2122;re providing assistance to people in need and at the same time saving taxpayer dollars,â&#x20AC;? said Martineau. â&#x20AC;&#x153;Weâ&#x20AC;&#x2122;re not shorting anyone on assistance. Everyone who needs it gets it.â&#x20AC;? â&#x20AC;&#x153;When I see people out there today losing jobs, I think working-class people are not looking for a handout. They need basic things,â&#x20AC;? said Guimond. â&#x20AC;&#x153;Weâ&#x20AC;&#x2122;re going to give them a step up. There is help out there and there is hope. We can do that if we work with the agencies around the city.â&#x20AC;?

Continued from Page A1 chase right now,â&#x20AC;? Provencher said.

At 5 a.m. on Monday, a homeowner on Roosevelt Avenue reported a stolen generator, Briggs said. The generator was taken between 8 p.m. and 5 a.m.

On Tuesday, a Sousa Boulevard resident reported a stolen generator around 1 a.m.

A call came in from Spruce Street around 1 p.m. the same day regarding a stolen generator, Briggs said. â&#x20AC;&#x153;At none of these cases was there any evidence at the

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scene or any witnesses that we can work with,â&#x20AC;? Briggs said.

Comcast was the victim in Bedford Tuesday and Wednesday, Bedford Sgt. Scott Plumer said. Two generators were removed from utility poles in the Route 101 area by Hitching Post Lane, he said.

The cable company has boxes on the utility poles that send data, such as service problems, back to the company. Comcast workers had chained and locked generators to the poles to keep power flowing to the boxes.

Police received a report that chains had been cut and generators taken from two different poles on two consecutive evenings. â&#x20AC;&#x153;We havenâ&#x20AC;&#x2122;t had any reports of personal generators stolen from peopleâ&#x20AC;&#x2122;s homes,â&#x20AC;?

Plumer said.

Manchester had a generator reported stolen from an Amherst Street garage about 4 a.m. Sunday. â&#x20AC;&#x153;It doesnâ&#x20AC;&#x2122;t appear that it was being used at the time, it was being stored in the garage,â&#x20AC;? Lt. Maureen Tessier said.

Police are recommending that people chain their generators to a tree or other solid structure. They warn that generators should not be run in garages due to the danger of carbon monoxide fumes.