Marina plaintiffs seek $6M in assets to be used to pay potential damages

By MICHAEL MORTENSEN

The Laconia Daily Sun

Published: 05-23-2022 6:22 PM

Attachments of more than $6 million worth of assets are being sought against West Alton Marina and its owners by four plaintiffs who have filed civil suits alleging that they were subjected to unwanted sexual conduct, including sexual assault, by one of the business’s owners and the marina’s manager.

The plaintiffs, whose suits are filed under the pseudonyms Father Doe and Mother Doe, James Doe, Adam Doe, and Brian Doe, are asking the court to seize a total of $6,750,000 in assets to ensure there will be funds available to pay any damages that might be awarded as part of the final judgment in their cases.

James Doe and Adam Doe are each seeking attachments of $750,000 on the marina’s property and inventory, and $500,000 on property owned by Brian Fortier, Allyson Shea, and Diedre Tibbetts, the marina’s owners. Brian Doe is seeking attachments of $500,000 on the marina’s assets and $250,000 on the assets of the three individual defendants, while Father and Mother Doe are asking for $1 million attachment on the business and $1 million on the assets of Fortier.

Fortier and John E. Murray, the marina’s former manager, have both been charged with sexually assaulting underage male employees at the marina and other crimes.

In a motion filed in Belknap Superior Court, attorney John Sherman, who is representing the plaintiffs, writes that the attachments are being sought because “It is not known whether these defendants have insurance. The types of claims alleged, however, are generally not the type to which insurance applies. As a result, the defendants’ property and assets are the most likely source of their ability to satisfy any judgment.”

There is no request to attach anything belonging to Murray who is facing multiple charges including aggravation felonious sexual assault, manufacturing child sex abuse images, and trafficking.

“(The) attachment is warranted,” Sherman’s motion continues, “because review of County property records suggests that at least one of the defendants transferred interests in real estate after being arrested and incarcerated.”

Last Sept. 27, 47 days after he was confined on sexual assault and trafficking charges, Murray signed a quitclaim deed handing over his interest in a house at 104 Timber Ridge Road in Alton, which he shared with Fortier, his husband. In addition, on the same day Murray gave his power of attorney to Fortier, according to filings at the Belknap County Registry of Deeds.

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The plaintiffs allege that they have suffered emotional harm as the result of Murray’s or Fortier’s actions which has required them to receive “therapy, counseling, and medical care and treatment.”

Sherman, on Friday, said he expected the court to schedule a hearing in the coming weeks on the request for the attachment at which time a judge will hear from both sides.

While declining to comment on any of the specific allegations in the case, Sherman said, “This is a really sad situation for the kids and the community as a whole. It is jarring in many ways when trusted adults engage in conduct like what is alleged. We hope that the individuals involved and those that knew what was occurring act to restore trust and to help all of those harmed to heal.”

These articles are being shared by partners in The Granite State News Collaborative. For more information visit collaborativenh.org.]]>