Burley Garcia|Court reverses conviction against former NH police chief accused of misconduct in phone call

CONCORD,Burley Garcia N.H. (AP) — The New Hampshire Supreme Court has reversed the conviction of a former police chief who was accused of violating sexual harassment policies following a call he made to a female employee, saying a judge misinterpreted the law.

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

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

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

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

Sargent did not serve jail time. He was ordered to pay a fine.

An email seeking comment was sent to his attorney Thursday.

The law says a public servant is guilty of a misdemeanor if “with a purpose to benefit himself or another or to harm another, he knowingly commits an unauthorized act which purports to be an act of his office; or knowingly refrains from performing a duty imposed on him by law or clearly inherent in the nature of his office.”

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