The Hillsborough County Attorney’s office broke the law when it entered into a confidential agreement to drop stalking charges against a former Franklin police officer and prosecutor, according to Attorney General Gordon MacDonald.
“It is an essential component of our criminal justice system that the public is aware of the crimes charged and the disposition of those cases,” Attorney General Gordon MacDonald wrote in a March 14 memo to Hillsborough County Attorney Michael Conlon. “Entering into the confidentiality provision based on the facts of this case violated a core tenet of our obligation to inform the public of the work we do as prosecutors.”
The victim in the case was not notified of the confidentiality provision of the agreement to drop the charges against Christopher Ahern, which violated the Victim Bill of Rights, MacDonald wrote. Victims of crimes have the right to be consulted about the disposition of a case, including plea barga ining.
The case against Ahern, a former Franklin police prosecutor and part-time officer, was dropped by the county attorney’s office in the middle of his February trial. Both the prosecution and defense attorneys agreed to keep the deal confidential.
The abrupt ending to the trial concerned Concord police, who investigated the case, and were not consulted on the decision to drop the charges or informed of the details of the confidential agreement.
“We had a strong case and we’re disappointed in how it turned out,” Concord Police Chief Bradley Osgood said. “There’s nothing we can do about it now, but it’s unfortunate for the victim.”
Ahern, of Epsom, was charged with two counts of stalking, receiving stolen property and criminal trespassing.
Details of the agreement between Ahern’s attorney and the prosecution were publicly released this week by Conlon’s office, more than five weeks after the deal was made and both parties agreed to keep it confidential.
The charges were dropped on the condition that Ahern undergo a mental health evaluation, comply with recommended treatment by a counselor, and not be in contact with the accuser. Part of the agreement disallowed the victim from discussing the terms of the agreement with anyone.
Osgood said he had never experienced a deal like this in his 30 years in law enforcement and questioned how police could enforce the terms of the agreement if they weren’t able to see it.
Assistant County Attorney Andrew Oulette, who prosecuted the case, declined comment and referred questions to Conlon.
Conlon, who defeated a three-term Republican to win election in November, said the agreement was made simply because “that’s what the parties thought was the best for the client they represented.”
MacDonald expressed a stronger opinion in his letter. The Attorney General wrote that Conlon’s office not only violated the law by entering this agreement but protected the defendant while barring the accuser from discussing the case’s outcome.
“A confidentiality agreement such as this requires a victim to remain silent and is, in essence, protecting the defendant from the public knowing what conditions he must abide by,” he wrote.
The memo, which can be found online, came on the heels of the AG’s meeting with Conlon, Oullette and Osgood.
During Ahern’s trial, Ouellette showed the judge police video footage from last July that showed Ahern trying to enter his accuser’s home through doors and windows after the locks had been changed.
Concord police had installed the cameras, with the woman’s permission, just hours before Ahern was seen on the footage and subsequently arrested by Concord police. The woman told police she did not give Ahern permission to come to her home that day.
Upon his arrest, Ahern told Concord police that he “hadn’t done anything wrong and she hadn’t said he couldn’t be there,” Concord police Sgt. Robert Buelte testified.
In her testimony, Ahern’s accuser described multiple arguments between the two that led to their separation and, later, police involvement.
The trial began on a Thursday and was scheduled to continue the following Tuesday, Feb. 26, but Ouellette dropped the charges that day before the trial resumed.
At the end of his letter, MacDonald directed Conlon to take three steps:
■Ensure the conditional agreement conforms to the law and the public’s right to know.
■Ensure there is an effective mechanism to enforce the conditional agreement to drop charges.
■Ensure that all Hillsborough County prosecutors are “fully aware of the obligations” under the Victim Bill of Rights.
(Nick Stoico can be reached at 369-3321, nstoico@cmonitor.com or on Twitter @NickStoico.)