New Hampshire’s top politician, its top lawyer, the father of a murder victim and a survivor of childhood sexual abuse each took to the microphone to explain their support for an effort to ensure that crime victims have certain basic rights under the state constitution.
In all, 22 of 24 state senators have signed on as co-sponsors to pass a constitutional amendment known as Marsy’s Law in New Hampshire, which supporters say will give victims an equal voice throughout the criminal justice process.
“We stand together united as citizens who are concerned with making sure when people find themselves in the criminal justice system – on either side of the table – everyone is treated equally,” Gov. Chris Sununu told the large crowd gathered in the Executive Council chambers.
The broad display of support was visible Tuesday, but lawmakers also acknowledged the battle ahead, both in the Legislature and come November when voters could be asked to cast their ballot for or against the measure. The bill requires a supermajority vote of the House and Senate to pass, and then a two-thirds vote at the polls.
“This is not a given and it’s not an easy feat, but we are prioritizing this proposal in the New Hampshire Senate in hopes of raising awareness about the need,” said Republican Sen. Sharon Carson, prime sponsor of the bill that also has the support of the speaker of the House and the House Democratic minority leader.
In the days leading up to the press conference, the American Civil Liberties Union of New Hampshire voiced its concerns about the bill as written. The ACLU reiterated those concerns in a statement Tuesday, saying the language in the proposed constitutional amendment would “risk violating the due process rights in the Fifth and Fourteenth Amendments.”
Thirty-five state constitutions extend enumerated rights to crime victims; New Hampshire is one of 15 that has not passed a version of Marsy’s Law. The proposed constitutional amendment in the Granite State is based on the national model and has been reviewed by constitutional law experts, as well as top prosecutors, including at the state’s Department of Justice.
“Our office has carefully reviewed the amendment’s language and similar efforts from other states,” Attorney General Gordon MacDonald said at the press conference. “We believe that the proposal preserves the full rights of the accused and will not cause any unnecessary delays in trial proceedings.”
The New Hampshire Coalition Against Domestic and Sexual Violence has partnered with Marsy’s Law for All to lead the statewide campaign in hopes of leveling the playing field for all crime victims. Marsy’s Law For All is led by Henry Nicholas, who is fighting for change in memory of his sister, Marsalee “Marsy” Nicholas, who was stalked and killed by her ex-boyfriend in 1983.
Marsy’s Law was first passed in California in 2008 with the most comprehensive constitutional victims’ rights law in the nation, and it laid the groundwork for other states to follow. The Nicholas family began its work decades ago, after running into Marsy’s then-accused murderer in a grocery store, not knowing he’d been released on bail a week after her death. The courts and law enforcement were under no obligation to inform them under existing laws.
New Hampshire’s version of Marsy’s Law would amend the state constitution to ensure crime victims and their families have rights that are enforceable by the courts. This includes notice of court proceedings, notice of release or escape of the accused, the right “to be treated with fairness and respect,” and the right “to full and timely restitution.”
A sexual assault survivor who spoke Tuesday said for more than two years her convicted rapist was trying to have his name removed from the sex offender registry. He had argued that the lifetime sex offender registry requirement prevented him from applying for subsidized housing.
Dawn, who asked to be identified only by her first name, said she had moved to Washington, D.C., and never would have known about her offender’s efforts if not for the courtesy call she received from a state investigator.
“I was never given that opportunity to speak to the court about how truly dangerous this man was,” she said. “The monster that took away my childhood had constitutional rights and a voice. I had none.”
New Hampshire has some of the most comprehensive victims’ rights laws in the nation and, as a result, has long served as a model for other states. However, a defendant’s constitutional rights will always trump a victim’s statutory rights, proponents of Marsy’s Law argue. Notifications to victims are treated as a courtesy today, not as a mandate.
National attention fell on New Hampshire in 2016 when the state Supreme Court ruled in favor of a convicted murderer’s constitutional rights over a victim’s statutory rights by opening confidential records sealed by the lower court. The ruling came on the heels of an appeal filed by Seth Mazzaglia, who was convicted of first-degree murder for strangling and raping 19-year-old Lizzi Marriott.
The case charted new ground, with the Marriott family granted a seat at the table as third-party intervenors, and they were backed by 13 organizations including the coalition. Ultimately, the high court reversed its decision and Marriott’s private records were never released, but the proceedings had a lasting impact on the crime victim community.
Lizzi’s father, Bob Marriott, said Tuesday that had Marsy’s Law existed he never would have had to fight for the chance to be heard by the Supreme Court.
“I should have had a right to protect Lizzi’s privacy instead of asking the Supreme Court if we could,” he said. “Marsy’s Law would prevent other victims from having to go through the process that we did.”
(Alyssa Dandrea can be reached at 369-3319, adandrea@cmonitor.com or on Twitter @_ADandrea.)