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Lawsuit follows sheriff's departure
By NANCY WEST
New Hampshire Sunday News
Sunday, Nov. 29, 2009

LOVEJOY

LINEHAN
David Lovejoy, the political rival whose complaint ultimately forced Dan Linehan to resign Tuesday as Rockingham County sheriff, plans to sue him and is aggressively working to become his successor.
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YOUR COMMENTS
Some people obviously do not believe in the constitutional priniciples of equal protection of the law. Frankly, Linehan is not the only law enforcement official that routinely commits this type of crime. Most get away with it because they have a gun and badge or are politically connected. There is nothing worst than a rogue or corrupt law enforcement official or a member of the news media who aids their corrupt practices.
- Ralph, Newton, NH
Let's sue the Saints for beating the Pats!
- CIndy, Manchester
Sounds to me as though Mr. Lovejoy is playing hardball now that he has them on the ropes. He seems to imply that the county owes him something merely because he is the victim of a criminal act.
I read it like this, if they won't give him the position I will sue the county as well as the perps who resigned. This is one arrogant character its a good thing his isn't in office we have plenty of crybabies with entitlement issues in coun ty government as it is.
- Phil Woodbury, Greenfield
It amazes me that anyone of you would stand up for Dan linhan. He broke the law, got caught, and to remove the possibility of going to jail, he decided to resign. Not only that but he gave up his rights that he may never be in law enforcement ever again. This tells me that he knew that he was wrong and maybe he thought that that would be the end of it. But Good for Mr. Lovejoy, I hope he sue's them all and gets enough to never work again!
These cops think that they can do whatever they want. Well, I wish you well Mr. Lovejoy.
And to the rest of you who thinks that what Mr. linhan did was ok then you are a small part of the very large problem with this country today. Everybody is stealing or lying today it’s about time for good old fashion right or wrong, none of this walking on the fence nonsense. And punish those responsible with some serious time or fines.
- sandy, epping
I am glad this is not the Sheriff that governs me. No matter if Linehan did break the law or not, I would be nervous if Lovejoy become Sheriff. He is evidently a vindictive person and fails to hold a level of calmness, objectivity, and plain ole thick skin to handle police work!
- Steve, Ashland
Linehan should not have resigned. Free speech and Article 8 supersede any RSA, and the man was elected. Sheriff Arpaio is running for Governor.
Delaney is a bully, and unfit to enforce NH law. Bullies need to be stood up to.
- Steve, Manch
I find it stunning that there are so many people that seem to feel that laws that protect privacy are wrong. Apparently, these 'bad laws' only apply to 'others'.
- Tom, Dover-Foxcroft, Me.
This guy is high if he thinks a released criminal allegation, thrown out by a judge, caused him to lose by almost 20K votes in a year where the Obamaniks swept almost everything.
That notion is just as farcical as Kathy Sullivan blaming Shaheen's 22K loss in 2002 to 45 minutes of phone jamming.
As far as appointing him since the resignation, surely that is not prcedurally correct. If that made any sense, it would mean any loser would get the seat they wanted at any level anytime someone before their term was up. I would think by the definition of an election, once the election is certified, it is over - had the Sheriff resigned before the election was certified, it would be one thing.
- Bill, Concord
Mr. Loverjoy is not qualified to be the head of law enforcement. Hi is also incorrect in his assumption that he lost the election based upon the "leak". Most likely he lost the election because he is not qualified and people just didn't like him.
- Renee, Londonderry
Linehan a retired NH State Trooper. Looks like all State Police think they are above the law and can violate all that they want to. Police Car accident in Rochester where they break the law and this in Rockingham County. Hmm the eilite in Law Enforcement? I think not.
- Cheryl, portsmouth, nh
During the last election, According to his blog, he used to run a security consulting firm, (Things must be slow at the local malls) and he stated "Change would come to the Rockingham County Sheriff's Dept". Where have we heard that before? Haven't we enough "Change".. Don't let his Democratic buddies in Concord, let this sore loser,go any further.
- keith, chester
"I'm contacting each (county delegate) individually to make them aware that I lost this election due to crimes being committed by my opponent. The only way to right a wrong is to appoint me to fill the term," said Lovejoy
Lovejoy obviously lacks... a brain.
you may be able to get away with domestic violence with other professions, but as a head to a law enforcement agency no way! you belong back at the Fox Run Mall.
I really hope the county delegates take a look at Mr. Lovejoy and use their brains. It would be a disservice to the state to place this inexperienced, moron in office.
- Cd, Portsmouth
All you people do is talk about how good and safe you felt with this guy in charge.He WAS a person who you Rockinhamites should've trusted,waved to,or shook his hand,right?Well,look at it this way.How many times have you read about corruption in the field of elected officials,poliemen,firemen,the catholic church?Too many!!!This idiot BROKE THE LAW!!Why should he be treated any differently from the rest of us common folk?
- MIKE, MANCH,
Check out his blog, http://www.myspace.com/lovejoyforsheriff08, when he ran for sheriff , it looks like the only security background, is ran a security consulting service. Things must be slow at the malls. Typical democrat political sore loser
- keith, chester
As I read this article, I'm almost laughing at the Ex- Sheriff's staemnet he didn't know it was a crime. He spent 20 + years in the State Police. He had 10 years on as a Sheriff. Every recruit knows what you can and can't release. The Rockingham County Sheriff's Department is in charge on a daily basis the act of "keeping the criminal records" When a Criminal Records check is asked for by a local department. They need to ask permission from the Rockingham County Sheriff's Department. They need to give a case number and then this procedure is checked by the State Police and the Feds. The ex-Sheriff new exacly what he was doing. He and other people smeared Mr. Lovejoy in n attempt to sway voters. Now they are trying to cover their tracks. It won't work as this article shows. Everyone that committed this Misdemeanor crime will pay in the end. If you could look up annuled crimes you would find many, news paper people,many teachers, doctors, municipal employees, and even lawyers. The reason that it is annuled is so that they can move on with their lives and be a productiveperson in the community. Not everyone is allowed an annulment. That is up to sitting judge. I think most people would be shocked that even their own family members have had anullments.
Hopefully you get justice. I believe they should have been arrested and prosecuted like all the people they have put in jail. Those people I'm sure also said they didn't know the law........
Mark,
Portsmouth, NH
- Mark Sudano, Portsmouth, NH
Lovejoy is just showing what a whining loser he really is.
Dan Linehan is a good man who worked very very hard at turning the Sheriffs department into a much more professional organization than it was before he arrived there.
Let Lovejoy WIN an election based on his record of law enforcement and DO NOT appoint or just hand him the the vacant position.
- Jim, Chester
Everyone talks about qualification. The only qualification for the Sheriff job is that you live in the county and are not a convicted felon. Mr. Lovejoy even with an anulled record meets both. Do we make state reps who make our laws become lawyers? How about Governor, Congress what are the qualifications.
The county delegation put Al Brackett in charge. Is this the same person who supervised a drug raid 20 years ago when a resident of Hudson was negligently and wrongfully shot to death? Does this take away from his current qualfications?
- Jon, Epping
The Attorney General and all other parties should have read the entire statute before coming to any conclusions.
" XI. Nothing in this section shall affect any right:
(a) Of the person whose record has been annulled to appeal from the conviction or sentence or to rely on it in bar of any subsequent proceedings for the same offense; or
(b) Of law enforcement officers to maintain arrest and conviction records and to communicate information regarding the annulled record of arrest or conviction to other law enforcement officers for legitimate investigative purposes or in defense of any civil suit arising out of the facts of the arrest, or to the police standards and training council solely for the purpose of assisting the council in determining the fitness of an individual to serve as a law enforcement officer, in any of which cases such information shall not be disclosed to any other person."
- jay, concord
What experience does Lovejoy have in law enforcement?????????? Any????? Absolutely none. Why in the world would anyone appoint him when there are real police officers available for the job!
- Bill, Portsmouth
Even though he has absolutely zero experience in law enforcement and has committed the last few years of his life tearing down the Sheriff's Department, he thinks he should be make the top law enforcement official in the county? Brilliant!
- Ryan, Hooksett
RSA 651:5, XII refers to when the information can be released, which is out lined in 651:5, XI (b). Law enforcement could release it to a council that was to determine fitness of a person to serve in law enforcement. So in this case the public should also have that right to know. I don't always buy the fact a battered wife withdraws her statement. This is just about money, "Mall cop goes rogue."
- J.E.H., Salem
RSA 651:5, XII refers to when the information can be released, which is out lined in 651:5, XI (b). Law enforcement could release it to a council that was to determine fitness of a person to serve in law enforcement. So in this case the public should also have that right to know. I don't always buy the fact a battered wife withdraws her statement. This is just about money, "Mall cop goes rogue."
- J.E.H., Salem
Again, Mr. Lovejoy has given me a reason NOT to vote for him. I don't want a person who is so intent on hurting others in an elected position.
Dan and Mark are great people and kept Rockingham County safe. I feel for us if a person who cannot take defeat is going to lead law enforcement. Sounds like a messy combination to me.
- Dawn, Northwood, NH
How about he runs for office based on his own merits? Is his campaign based on tearing down his opponent instead of touting his own experience?
- bill, deerfield
When the law gets broken, whether by a Republican or a Democrat, it needs to be addressed. When a person who knows the law, upholds the law, has easy and free access to find out the law and still breaks the law there is no excuse.
In answer to the question – What the hell has happened to my state? Simple. It’s not YOUR state. It belongs to all of us and since the majority of us are held accountable to obey the law and do, we expect the same of the officials who are supposed to uphold it.
Whether anyone was or wasn’t qualified to run for office doesn’t matter, the law was clear at the same of the crime.
RSA 651:5, XII. A person is guilty of a misdemeanor if, during the life of another who has had a record of arrest or conviction annulled pursuant to this section, he discloses or communicates the existence of such record except as provided in subparagraph XI(b).
If true as stated through Linehan’s attorney Michael Ramsdell that he only knew portions of the annulment statute, why would he not read the whole page?
In all his years of service in law enforcement has Linehan never had a conversation with anyone or gone to a conference or class where there was discussion of how a person can have a record annulled in the State of NH and the benefits of doing that?
If the majority do not like the Sheriff position to be an elected position because they are afraid that someone without experience might win, then work to change the law. Don’t just pretend laws don’t exist and then think is going to be OK if you break the law so you can use it against your opponent.
Just like the rest of us, if you get caught breaking the law, you get caught and whatever the consequences are for doing so are the ones you have to pay. The bigger the crime, the more the time.
Sour grapes or not, a person has a right to be vindicated in a court of law when vicious, nasty people attack them, especially when these people do it is for their own personal gain, be it to protect their secrets or their power.
- John, Concord
"I'm contacting each (county delegate) individually to make them aware that I lost this election due to crimes being committed by my opponent. The only way to right a wrong is to appoint me to fill the term," said Lovejoy,
Mr. Lovejoy lost by nearly 21,000 votes. The likelihood of 21,000 people having read the story about his conviction and annulment is absurdly low. The likelihood that HALF that many read the story is very low.
While I certainly feel that his civil action is warranted, based on the removal of Linehan and Pierce, the notion that he lost this race because of this disclosure is bizarre. The idea that he should be installed as High Sheriff to fill this vacancy exclusively because of the disclosure is nonsense.
- Greg Moore, Manchester
So what is the story. The Portsmouth Herald story in 2007 states Lovejoy was convicted of simple assault on his wife and Lovejoy claims his wife made up the charges and later withdrew them.
It seems that the public has the right to know which is true and that's why this law is stupid and we have the right to know before Lovejoy is considered for this position.
Besides, Lovejoy lost by over 21,000 votes, since the story came out before the election, why didn't he get his version of it out to the public
- George, Londonderry
I agree with Tom, right, wrong or indifferent this guy does not have the qualifications to lead a law enforcement agency.
Lovejoy says that "It's not about sour grapes. It's not about vindication," well, they lost their jobs so if suing them isn't either one of those; I fear it has an even less respectable reason.
Then he is contacting each (county delegate) individually to make them aware that he lost this election due to crimes being committed by his opponent. “The only way to right a wrong is to appoint me to fill the term” says Lovejoy. That is the furthest from the only right way to do this. Maybe you will lose again because the delegation can now see your lack of experience and now your childish behavior.
I don't know any of the three involved but since two are already gone, the county delegation ought to be hoping that there will be more qualified candidates than the one left standing.
- Jake, Concord
As others are already pointing out, whatever Linehan did does not change the fact the Lovejoy has absolutely no qualifications to be High Sheriff. Further the only reason he did as well during the last election is because he rode the democratic wave of change, but he still never had a chance to get elected. This money grabbing lawsuit that he and bottom feeder Douglas are now engaged in shows to me what Lovejoy is truly after here...not justice but a payout! The only thing that I remain comfortable with is the feeling that the delegation will not go anywhere near this character when they decide to hire an interim sheriff.
- Michael K., Brentwood, NH
Thats the trouble with elected positions, can end up with someone with no experience ending up running a law enforcement agency. Same thing happens in Maasachusetts where for a time the sherriff down there was giving out badges like lolipops in a barber shop. At one point I think every other person had a badge.
- Jack Alex, Manchester
Dan is a great guy, an ASSET to the law enforcement community!!! We will miss him greatly(especially in Moe's)...It is too bad that Lovejoy is such a sore loser. AND it is too bad for the lapse in judgement that someone had. Good Luck Dan...you have a strong support system in the state. Lovejoy...go stick you head in the sand somewhere!
- Patti, Strafford NH
This is why the Sheriff needs to be hired and not elected. A guy who has zero law enforcement experience wants to be the head of the most powerful law enforcement agency in the county. He isn't qualified at all. Just because you had a private investigations company doesn't make you qualified. I hope the county delegation does the right thing and brings in a qualified, certified experienced police manager into this agency.
- Jeff, Manchester
RSA 651:5, XII refers to when the information can be released, which is out lined in 651:5, XI (b). Law enforcement could release it to a council that was to determine fitness of a person to serve in law enforcement. So in this case the public should also have that right to know. I don't always buy the fact a battered wife withdraws her statement. This is just about money, "Mall cop goes rogue."
- J.E.H., Salem, NH
Good for Lovejoy, I believe Linehan was aware of the law and thought he would not get called to the table on it. And if he did not know the law after 37 years as a cop he has no business being a cop. The county is better off with Linehan gone.
Lovejoy should be put in office for the remainder of the term so that he can prove himself. If he drops the ball vote him out next fall.
- D Smith, Portsmouth
I supose if asked Linehan would say that he did not know it was illegal to jam phone lines during a Democratic election as well. As Sheriff, it is his job to know the law. If he did not know that it was criminal why did he not want to be painted as the leak. He appears to know very well what he did. And now he wants to start a movement once he gets caught breaking the law to change it. There are many people in a position of high authority that have annulled records. They do a fine job every day. This is all about a Sheriff who got caught breaking the law and now says I did not know. Please. He is the keeper of records. He taught ethics. Can't wait to see what this costs the taxpayer.
- Jon, Epping
This guy, no matter what the facts are concerning the simple assualt conviction, is not qualified to be the head of a law enforcement agency.
- Tom, Laconia
So Mr. Lovejoy has a criminal record,but the voters have no right to know about it because some friend of the family decides to "annul" it. I don't think I have ever heard of this. Then, even though he has as much experience as a Sherriff as Obama has being a leader. Then, what does a democrat with no experience, no knowledge of what the job entails and not enough votes to get elected do ?? SUE! Just what this county needs, another sue happy leftist with a criminal record, sorry Mr. Lovejoy you still have a criminal record, just because another liberal says hide it doesn't make it go away. You have no experience and a criminal record, sort of like putting someone who doesn't pay his taxes in charge of the IRS. Ooops, a fellow democrat already did that. I can only hope that the NH legislators have enough courage to say no to your just being handed the position because you whined about the truth being told (we will have none of that on a democrats watch). You did not win the majority of the votes therefore you were not (and are not) elected. Period! I know you will have ACORN or the NH equivalent trace down who I am and probably get me fired but I have had it up to here with you lawbreakers demanding us to bend your way. I am curious, is Attorney General Michael A. Delaney a Democrat or Republican (RINO)? Kidding, this very case says it all. I will let you know something else, WE ARE GETTING ANGRY! Do you liberals get it yet, Mr. Hodes, Mrs. Shaheen. Mrs. Porter, Mr. Gregg! Are you listening? What the hell has happened to my state?
- Allan, Rochester
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