A former Pines Community Center janitor is once again arguing before the New Hampshire Supreme Court that his sexual assault convictions should be overturned.
Robert Magoon, 76, of Tilton says a trial judge’s decision to consolidate six separate cases against him into one trial in early 2018 was unfairly prejudicial and gave county prosecutors the upper hand.
“The state got an unfair advantage in that it bolstered the credibility of each victim,” appellate defender Stephanie Hausman said during oral arguments Tuesday morning.
Jurors heard from six different young girls who said Magoon sexually assaulted them between August 2012 and May 2016 during the Northfield community center’s before- and after-school programs. They ultimately convicted him of four of the six charges – a verdict that prosecutors say shows jurors separately considered the elements of each charge and did not lump the evidence together.
“The fact that he was acquitted on two of these charges lends credence to the court to join them all,” Assistant Attorney General Elizabeth Woodcock told the three Supreme Court justices who will decide the appeal.
Prosecutors requested consolidation of the cases given the similarity in witnesses, the proximity in time of the reported assaults and the fact that they all occurred at the Pines where Magoon had worked for 15 years after leaving law enforcement. But on appeal, Hausman argues prosecutors’ motion to join was “full of generalities” that unfairly lumped the cases together and didn’t take into account the scope of the allegations, which included all types of inappropriate touching to kissing – both when children were seated on Magoon’s lap and at times when they were not.
In total, Magoon has two appeals pending before the state’s highest court. In the other case, he was convicted of sexually assaulting a wheelchair-bound woman, also at the Pines. Both sides have submitted written briefs but oral arguments have not yet been scheduled in that case.
The justices decided another appeal filed by Magoon last October, upholding his convictions for sexually assaulting an 8-year-old girl in the Pine’s game room while she sat on his lap to color. Prosecutors said because of the girl’s decision to come forward, police reached out to the parents of other children to inquire about their experiences at the Pines and their interactions with Magoon, which led to additional disclosures.
Magoon is serving 26 to 52 years in prison. If his convictions stand, Magoon won’t be eligible for parole until he is 100 years old.
(Alyssa Dandrea can be reached at 369-3319 or at adandrea@cmonitor.com.)