A new report finds the investigation into former Attorney General Peter Heed's misconduct may have been interfered with.
The report, conducted by a county attorney, calls into question the roles of the Commissioner of Safety and Governor Benson.
New Hampshire Public Radio's Dan Gorenstein reports.
See the complete report from County Attorney Marc Hathaway (This is a 6MB PDF file)
The new report reads more like a political thriller than a dense government paper.
The report examines if the initial investigation into former Attorney General Peter Heed's alleged inappropriate sexual behavior was compromised in any way.
The author, Sullivan County attorney Marc Hathaway concludes both Governor Benson and Department of Safety Commissioner Dick Flynn are implicated.
At the end of his 25 page report, Hathaway poses a number of unanswered questions.
Those include whether Commissioner Flynn encouraged former AG Heed to step down...whether Flynn leaked confidential information to both Heed and Governor Benson...and whether Flynn temporarily stopped the investigation.
Hathaway asks current Attorney General Kelly Ayotte to respond to those questions and others to maintain the integrity of the criminal process.
Few in the state even expected the report to be released publicly.
Pre-empting his own Attorney General, Governor Benson passed out the report, although Attorney General Ayotte had told New Hampshire Public Radio, the report would not be released immediately.
But at a press conference yesterday afternoon, the Governor spent more time referring to the initial report, rather than addressing Counsel Hathaway's most recent findings.
When asked point blank whether Commissioner Flynn had acted inappropriately, the Governor chose to read about two minutes worth of interviews from the first report.
T.2
1:00 everyone who was at the table noticed and thought it might have been his wife, and were shocked to find out it wasn't. Dirty dancing was done on this woman's butt. Donohue described the AG as making circular motions with his pelvis...the AG was seen lifting up his t-shirt at one point and one person told him to put it back down...
What the Governor did not mention was that many of those charges have been dismissed as untrue.
When pressed, the Governor did finally tell reporters neither he nor Commissioner Flynn are guilty of any wrongdoing.
3:21 Commissioner Flynn, acted, in my knowledge, with me, never shared anything in my opinion with me to do anything to jepordize the investigation. My experience with Flynn is a positive and good one. What he did with others, I can not answer that question.
But in the report, Flynn says based on a conversation he had with the Governor, the Governor decided Heed needed to go.
The report says quote -- the governor, according to Commissioner Flynn, said it would be best for Attorney General Heed to step down, to resign. The Governor asks Commissioner Flynn contact Attorney General Heed and ask him to resign. Unquote.
Governor Benson remembers the Flynn conversation differently.
He says the Commissioner offered to speak with AG Heed regarding his resignation.
This point matters because Heed says he resigned before the conclusion of the initial report because Governor Benson and Commissioner Flynn told him he faced serious allegations about sexual assault and harassment.
And if upon further investigation it is revealed either official leaked classified information to the former Attorney General that could be in violation of the state criminal code.
Determined to get out their side of the story, the attorney representing Peter Heed, responded to some of the governor's comments.
Manchester attorney, and long-time Heed friend Ken Brown.
1:37 I was surprised he would hold a press conference and use it as an opportunity to bring up old news and bring up allegations that were proven not to be accurate concerning Peter Heed's conduct months ago, it was like he was using old news to deflect the current issues and concerns raised by Marc Hathaway.
Brown wants the spotlight to shine sharply on the current report.
He made public a formal request that asks the attorney general to appoint a new independent prosecutor to the case to investigate three issues.
Whether criminal conduct occurred during the original investigation, whether the Governor's Executive Branch Code of Conduct was violated, or whether any of the conduct constitutes grounds for removal.
11:02 that the criminal investigation of a top executive, Peter Heed may have been compromised and undermined, for reasons that have to be cleared up. We have to find out why this has occurred.
Brown makes it clear he is not arguing criminal conduct occurred, just that the Hathaway report suggests further scrutiny is needed.
His letter also outlines a number of possible violations including obstructing government administration.
Brown writes disclosing confidential information about an ongoing criminal investigation, stopping that investigation, and orchestrating the resignation of a public official, if proven, constitute clear obstructions of government administration.
The Attorney General's Office has appointed assistant AG Michael Delaney to investigate the charges, and issue his recommendations.
No date has been set for the release of that report.
For NHPR News, I'm DG.
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