Appeals trial on stalking conviction set for April

Michael Bernier (Lebanon Voice file photo)

Milton Police Cpl. Andrew Magargee (Courtesy photo)

DOVER, N.H. - The former selectman hopeful found guilty of stalking a town police officer in a candidates line outside town hall on Election Day has filed an appeal in Strafford County Superior Court where a jury trial is expected on the case in April.

Michael Bernier, 49, of Felker Drive, Milton, was found guilty this fall of stalking Milton Police Cpl. Andrew Magargee on March 11 as Bernier entered the polls.

During the stalking trial in September in Rochester District Court prosecuting attorney Deputy Sheriff Dan Donovan had witnesses describe what happened on Election Day as Bernier - who was a selectman candidate running against Selectmen Chairman Tom Gray - comported himself as he walked what is known casually as the candidate's gauntlet on his way into the polls.

In the candidate's gauntlet, candidates and article backers stand in back of a rope to one side of the walkway heading into the Emma Ramsey Center, the town's polling place.

Testimony from the three witnesses, including Gray, said much the same thing: that Bernier was complaining loudly about the price of oil and taxes to no one in particular as he walked toward the polls.

After he briefly greeted Gray he went on to extend his arm to Magargee standing next to him and said "Hello."

Magargee replied, "Don't talk to me."

Asked by Public Defender Linda Slamon what happened next, Magargee said that Bernier said, "Oh right, restraining order" and walked into the polls.

Magargee, a Milton resident, was in civilian clothes and carrying a sign backing an article that called for police pay raises.

In final arguments, Slamon reasoned that Bernier had a perfect right to be where he was as he was not only a candidate but was exercising his constitutional right to vote.

However, Donovan characterized the greeting as "sarcastic" and said Bernier knew better than to speak to Magargee as he had a restraining order against Bernier, who had been specifically told not to approach Magargee unless he was in uniform and it was strictly police business.

District Judge Susan Ashley found Bernier guilty, however, he wasn't sentenced until a disorderly conduct court case stemming from a February incident with a neighbor was heard by the court in October. It was during that February incident that Bernier allegedly criminally threatened Magargee, which drew the stalking order.

During the October trial Bernier was found guilty of disorderly conduct in connection with the Feb. 1 incident and fined $250, with $150 suspended pending a year of good behavior.

He was also fined $500, with $250 and a 30-day jail sentence suspended for one year of good behavior for stalking Magargee.

Bernier said outside the courtroom after the trial he planned to appeal the stalking verdict.

Slamon will continue to represent Bernier, while the state's case will be presented by Timothy Sullivan of the Strafford County Attorneys Office.

A status conference is set for March with jury selection in April.