New Hampshire Supreme Court Overturns Police Chief’s Misconduct Verdict

The New Hampshire Supreme Court has overturned the conviction of a former police chief who was charged with violating sexual harassment policies over a call he made to a female employee, saying a judge misinterpreted the law.

In a 3-1 opinion released Wednesday, the court overturned the conviction on a misdemeanor charge of official oppression in the case of former Litchfield Police Chief Benjamin Sargent.

Chief Justice Gordon MacDonald agreed, agreeing with the judge’s decision.

Sargent was charged in December 2022 and found guilty by a judge in April 2023 after a two-day trial. He resigned in May 2023 while he appealed the conviction.

According to a police affidavit, Sargent was accused of being drunk at home on New Year’s Eve 2021, calling an employee and saying he was in love with her and suggested he saw her as a potential romantic partner.

Sargent did not serve prison time. He was forced to pay a fine.

An email seeking comment was sent to his lawyer on Thursday.

The law says that a public official is guilty of a misdemeanor if “with intent to benefit himself or another, or to injure another, he knowingly does an unauthorized act purporting to be an act of his office; or knowingly refrains from performing a duty imposed by law or clearly inherent in the nature of his position.”

The court found that the judge interpreted “to benefit” too broadly and that the evidence was insufficient to establish that he sought to do so.

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New Hampshire law enforcement