Wednesday, November 4, 2009
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Man tried for alleged role in assault
Craig Lyons
LANCASTER— A jury has found a Stark man guilty on a charge of criminal liability for the conduct or another for his involvement in the assault of two men, but not guilty of second-degree assault.
Corey Mason, 32, of Stark, was tried before a jury last week in Coos County Superior Court, and after four hours and five minutes of deliberations, the jury found him guilty of criminal liability for the conduct of another and not guilty of second-degree assault.
Earlier this spring, Mason was indicted for his alleged involvement in the assault of two snowmobilers this past winter.
Mason was indicted and charged along with his brother Bryan.
The charges against both men alleged they caused serious bodily harm, a nasal fracture, to Matt Shannon, 23, of Groveton, by kicking or punching him in the face.
The alleged assault occurred early on New Year’s Day while Shannon was out snowmobiling with Keith Normand, 25, of West Stewartstown. The pair was at a snowmobile intersection near Route 110 when the assault took place.
Shannon and Normand were taken to a residence, an ambulance was called and both were transported to Weeks Memorial hospital in Lancaster.
Shannon was treated for severe head and facial injuries, according to a state police press release issued at the time of the assault. He was transferred to Dartmouth-Hitchcock Medical Center, in Lebanon, due to the severity of his injuries.
Normand was treated for minor injuries.
A sentencing hearing for Corey Mason has not yet been determined.
While trial proceedings against Corey Mason are coming to an end, Bryan Mason is scheduled for trial in December on charges of second-degree assault and criminal conduct for the liability of another.
During the trial, Bryan Mason’s defense filed a motion use the argument of self- defense during court proceedings.
“[The defense] may present evidence that he [Mason] used reasonable force to repel and unlawful attack on his person,” said the motion to argue self- defense, filed in August.
Clean Power exercises option on city land
Complaint before PUC this morning
Barbara Tetreault
BERLIN— Clean Power Development Friday exercised its option with the city to purchase the 11-acre lot that the company hopes will be the site of its proposed 29-megawatt biomass plant.
Under the terms of its option agreement with the city, Clean Power now has 30 days to close on the purchase of the property. The site is next to the city’s wastewater treatment plant off Shelby Street.
Clean Power Project Manager Bill Gabler handed Mayor David Bertrand a check for $5,000, representing ten percent of the purchase price. The price for the property was set at $50,000 this May by an appraiser selected by the city, Capital Appraisal Associates of Concord.
Gabler said Clean Power paid the city $5,000 when it signed the option back in November 2007 and paid a second $5,000 when the company renewed the option last year. He said the remaining $35,000 will be paid when the purchase is finalized.
Gabler noted the issue of ownership of the land had come up during last week’s mayoral debate/candidates forum.
The state Public Utilities Commission is scheduled to hold a prehearing conference this morning on Clean Power’ complaint against Public Service of N.H. Clean Power is charging the utility has refused to negotiate a long-term power purchase agreement for its proposed Berlin biomass plant. Clean Power points to reports that PSNH has agreed to such an agreement with Laidlaw BioPower, which is proposing a 66-megawatt plant in Berlin. Clean Power has argued PSNH’s refusal to negotiate such an agreement with it has hindered its ability to attract financing.
PSNH has responded that under state law it is not required to enter into a long-term power purchase agreement with any generator. The utility also charged Clean Power had not made a bona fide offer of contract terms.
Last month, the PUC decided to open an investigation to determine if there is a basis for the dispute over the nature and extent of PSNH’s legal obligation to purchase power from CPD.
The city has filed to intervene in the complaint as has the city of Winchester, where Clean Power is also pursuing plans to build a biomass plant. Also petitioning to intervene are State Representative Robin Read (Portsmouth), Rep. Judith Spang, (Durham), Rep. James McClammer, Jr., (Charleston), Rep. Robert Perry, (Strafford), Rep. David Borden, (New Castle), Farrell Seiler of the Carbon Action Alliance, Eastern Construction Management, LLC of Littleton, N.H. Sierra Club, Concord Steam, and Berlin businessman Jonathan Edwards.
Filing comments with the PUC on the complaint are Executive Councilor Raymond Burton and Berlin Mayor David Bertrand.
Gabler said Clean Power has obtained most of the permits it needs to begin construction. The company is working on identifying land it can put under conservation easement as mitigation for impacting wetlands. This evening Clean Power is meeting with the Berlin planning board to discuss potential mitigation sites.
State sets local tax rates
Barbara Tetreault
ANDROSCOGGIN VALLEY— The state Department of Revenue Administration has set and posted 2009 tax rates for a number of communities in the valley.
The city of Berlin has kept the tax rate at $29.82 for the second year in a row. The municipal portion of the tax rate is $17.41, the local school tax is $7.09, state school tax is $2.29, and the county tax is $3.03.
Those figures compare with 2008 rates of $14.90 for municipal tax, $9.37 for local school tax, $2.34 for state school tax, and $3.21 for the county tax.
The city’s total valuation is listed at $480.7 million, an increase of approximately $12 million over the city’s 2008 valuation of $468.9 million.
Errol’s tax rate is set at $10.51, up from a 2008 tax rate of $9.05. The municipal tax rate is $2.15, local school tax is $2.51, state school tax is $2.27, and the county tax is $3.58.
Those figures compare with 2008 rates of 78 cents for municipal tax, $2.22 for local school tax, $2.16 for state school tax, and $3.89 for county tax.
Errol’s 2009 valuation is listed at $86.5 million, up slightly from the 2008 valuation of $85.4 million.
Milan’s 2009 tax rate is set at $17.99, up 60 cents over its 2008 tax rate of $17.39. The municipal portion of the tax rate is $3.83, the local school tax is $8.18, the state school tax is $2.50, and the county tax is $3.48.
Those figures compare with 2008 figures of $1.90 for municipal tax, $9.01 for local school tax, $2.29 for state school tax, and $4.19 for county tax.
Milan’s 2009 valuation of $124.7 million is about the same as its 2008 valuation of $124.2 million.
Shelburne’s 2009 rate of $14.26 is down 29 cents from its 2008 rate of $14.55. The municipal portion of the tax rate is $2.59, the local school tax is $6.20, the state school tax is $2.17, and the county tax is $3.30.
Those figures compared with a 2008 municipal rate of $2.99, a local school tax of $5.90, a state school tax of $2.19, and a county tax of $3.47.
Shelburne’s 2009 valuation of $82.5 million is down slightly from its 2008 valuation of $84.2 million.
Cause of Main Street fire most likely accidental
Craig Lyons
BERLIN— The early morning fire at an upper Main Street residence Friday, Oct. 30, is believed to be accidental.
Shortly after 3:30 a.m., emergency crews responded to a fire at 1659 Main Street. The only resident in the building, Pauline Clark, managed to make it out of the building safely.
Lieutenant Bill Maddalena said it appears the fire began in the bedroom area on the first floor of the residence. He added it then spread throughout the rear of the building.
When crews first responded, Maddalena said the fire was blowing out through the windows, but was quickly knocked down during the first attack.
A general alarm was sounded to call for extra manpower.
Crews were on the scene for a few hours afterwards extinguishing any hot spots, and cleared at 7 a.m.
Maddalena said there is damage throughout the building caused by the fire, smoke and water. He added since the fire got into the walls there is some structural damage to the living area.
“It’s not a total loss but it will need a lot of work,” said Maddalena.
Aside from the fire department, the Berlin Police Department, state police, Emergency Medical Services and American Red Cross responded to the scene Friday morning.
The initial responding crew included Captain Rob Jewett, firefighters Gary Petters, Patrick Tremblay and Jason Viens.
Great news for Milan taxpayers
MILAN — The town of Milan has released its 2009 tax rate of $17.99 per thousand dollars of assessed valuation. The tax rate of $17.99 includes the town, school, and county tax rates. This year's tax rate is up 60 cents over the 2008 tax rate.
At town meeting in March, residents approved the acquisition of a new fire truck, and $25,000 for establishment of a building fund, among other items. These items, combined with decreased state revenue sharing funds and a drop in timber yield taxes, attributed to the increase. This year's increase would have been much worse if the county rate had not decreased and the school district had not had a significant surplus.
Rules for using new ATV connector trail
Barbara Tetreault
BERLIN— After more than two years of work, the ATV connector trail through the city will open this Saturday, Nov. 7. The 4-mile trail allows ATV operators to travel between Jericho Mountain State Park and the Success ATV trail system on their off highway recreational vehicles.
Because much of the connector trail uses city streets, city council approval was required to allow ATVs on public roadways. The trail will be closed during winter months when ATVs will use the snowmobile trail through the city.
Organizers caution that use of the trail is a privilege and its future depends on riders following trail and safety rules and regulations.
“I believe this can be done in a safe fashion,” Berlin Police Chief Peter Morency said at last week’s public informational meeting on the trail.
A committee made up of city officials and members of the Androscoggin Valley ATV Club has overseen the development of the trail. City officials hope the trail will help Berlin position itself as a motorized recreational destination.
The ATV club has put up green directional signs marking the route on utility poles and street signs and painted green diamonds on the route itself. Morency said the painted green diamonds have turned out to be too small. He said the signs will be repainted larger for next spring. The chief noted the trail will be open just a few weeks this fall before the route switches over to the snowmobile trail. He said organizers plan to use this fall period to identify issues that need to be addressed. The committee will then work through the winter to iron out issues and get the trail ready for the spring.
One of the main focuses of the meeting was to explain the rules and operating procedures for the connector trail in advance of Saturday’s opening.
Committee members stressed it is important ATV riders follow the rules. ATV Club President Dan Malone said his organization has a volunteer trail patrol that will monitor the trail. He said the patrol does not have law enforement authority but can report violators to police.
Trail Rules are as follows:
* When on the trail, ATV operators must abide by all state and city motor vehicle regulations. Underaged certified ATV operators may use the trail if, and only if, accompanied by a licensed adult.
* When operating on a city street, ATV operators must travel single file on the extreme right portion of the pavement except when preparing to make a left turn. Committee members said they do not want ATVs traveling on shoulders because that would result in the ATVs moving in and out of the traffic. depending on whether the road was wide enough to accommodate a shoulder. Motor vehicles that cross the yellow line when going around an ATV can be cited for a yellow line violation.
* The speed limit for ATV operators on the trail is 25 mph.
* ATV operators must yield to pedestrians at all times and must, when on the trail on city streets, yield to vehicular traffic.
* ATVs must have working head and tail lights.
* ATVs shall not leave designated trail within the city except at the intersections of East Mason and Hutchins Street, Cole and York Street, and Cole Street and Dead River, Green and Pleasant Streets to fuel at nearby service stations.
* ATVs must come to a complete stop at ATV stop signs, on the right, off the pavement, before proceedings.
* The trail may not be used when there is snow on the street pavement. If in doubt about whether the trail is open, call Berlin police department at 752-3131.
Jonathan Edwards questionnaire- Ward II
— Jonathan Edwards, co-owner of Coulombe Real Estate. College graduate of marketing, communications and business. Marketing Berlin real estate for 24 years. Appointed to the Berlin board of assessors on referral from Robert Danderson when he was mayor.
Primary public service - Coulombe Real Estate has long been the leader in commercial sales bringing businesses and jobs to the region. Recent marketing efforts provided jobs with the opening of the TBA theatres, the expansion of Glen Ave. Auto, the “coming soon” home of Tea Birds, new homes of Tops Furniture, Walmart, Laconia Savings, and Bond Auto Parts to name a few.
2) Why are you running for council? (Please stick to 125 words or less per question for questions 2-6)
I’m running for council because I truly care for this city to have a positive outcome. This city is on the verge of very exciting times. With the influx of some 1400 people coming to the area next year (federal prison employees and family members) I’m interested in helping Berlin attract folks to Berlin. I’m very interested to continue working with various businesses on marketing strategies to build this area into a recreational area while embracing the appropriate recession proof industrial base to keep Berlin progressively moving into the future. I believe both the prison and the right biomass facility can offer this area a tremendous beginning to get this area back on track. I want to largely be a part of that process.
3) Looking at the work of the city council over the past two years, what would you have done differently?
Is it fair to say you’d do something differently than what the council has done over two years without knowing all of the facts behind what this council and mayor have done? This council effectively kept taxes level, crafted a way to improve infrastructure without tax increase and with an annual savings, was awarded a massive grant towards housing issues, is presently working on a grant to repave city streets, partnered with the school board’s accountability efforts, has thought outside the box, moved Berlin forward rather than backward, followed the rule of law as it pertains to many things including the inability to remove burned out buildings until the city has gone through due process.
4) What is your position on any industrial development on the former pulp mill site?
I’m sensitive to industrial development on the Burgess mill site. With Clean Power Development’s biomass plant located at the waste water treatment plant. I believe there will only be and should only be one biomass company in this city. With a background in real estate I believe your home will be worth more if you have a biomass plant next to your waste water treatment plant instead of in the middle of your city. It also makes more sense to go with Clean Power’s proposal being closer to Fraser to provide steam to help it survive. I will work to insure that a city centered biomass plant or any other industry has the least negative impact on the people and real estate surrounding it.
5) What will be your goals in crafting the next city budget?
I will listen carefully to current members of council. These professionals kept taxes at bay, added infrastructure improvements, obtained grants for necessities, and followed the laws as they pertain to issues such as burned out buildings. I will focus on tax base. Our company is actively involved with Riverside Heights potentially producing an additional $300,000 annually to the city. Other developments could enhance that tax base further. I will do everything I can to see things come to fruition that enhance that tax base, but will also concentrate on evaluating and acting on things that I think will negatively impact the tax base such as Laidlaw Energy’s proposal to disrupt the city center from it fullest potential.
6) What do you think about the city’s economic development strategy?
The city has too many conflicting teams and it needs to combine talent into a team that puts their differences aside as much as possible in an effort to move this city forward. So many people in this city care for Berlin and its people, though it needs more order to be more effective. Berlin needs to have a concise, professional direction for each and every potential business looking at this area in order to provide a perception that this is a progressive city of team players willing to get things done.
Berlin officials to meet with Roger Brooks
BERLN— Berlin officials will meet with Roger Brooks on Wednesday, Nov. 18, at the White Mountain Community College, in the Bistro meeting space, from 6-7:30 p.m.
The meeting is a workshop for the city with rural tourism development specialist, Roger Brooks of Destination Development International. This session will be a discussion with officials about their plans for Berlin, how to move those plans forward and what to do next. This includes the Northern N.H. Branding project and how Berlin can become a key component of the project.
All city elected officials, county elected officials, city staff (city management, planning department, parks and rec., etc.), economic development: staff and board members, Chamber of Commerce: staff and board members, Main Street Program, AVER, local businesses (hoteliers, restaurants, retailers, activity vendors, event organizers), local press, historical societies, garden clubs, and interested organizations.
The focus of the meeting will be finding a niche for Berlin. This can be something that Berlin is doing already or a new/novel idea. Berlin needs to set itself apart. Berlin also needs to provide visitors with places they can spend money: nightlife, food, retail shops, and activities. These need to be sought out, worked with, and marketed specifically.
During the workshop, we will list the assets and next steps that will get Berlin moving in a unified direction.
Superintendents discuss regionalization with council
Barbara Tetreault
BERLIN— The issue of school regionalization spurred a lengthy discussion at Monday’s city council meeting.
School Superintendents Corinne Cascadden of SAU 3 and Paul Bousquet of SAU 20 sought the council’s input before investing time researching the issue. Three members of the Berlin school board and SAU 3 Assistant Superintendent Marion Huntley were also in attendance.
The council encouraged the districts to proceed with studying the possibilities. Councilor David Poulin called it resource sharing and said he thought all would benefit from providing options.
The two superintendents pointed out that cooperative ventures between the two school redistricts are already occurring. Gorham students take vocational courses at Berlin and the outing clubs have done some joint ventures. The two districts do group purchases of oil and Berlin’s bus mechanic does repair work for Gorham. Students share some foreign language courses and staff combine on in-service training.
Cascadden said the goal is to do more cooperative ventures. The two districts hope to coordinate school calendars next year. Bousquet said at the annual school meeting this year Milan voters passed a motion instructing the SAU office to look at whether regionalization could improve efficiencies.
He and Cascadden stressed the effort is in its infancy stage and they are open to talking and sharing information with communities.
City Manager Patrick MacQueen provided the council with research he conducted last year on the different forms of school governance units. There are supervisory administrative units (SAU) in which each town maintains its own schools and school board but share administrative services. SAU 3 covers the Berlin schools while SAU 20 covers Milan, Dummer, Gorham, Shelburne, and Randolph.
There are also Cooperative School Districts such as the Gorham, Randolph, and Shelburne Cooperative School District which shares operating expenses based on a formula that considers the number of students from each town and the town’s equalized valuation. And there are Authorized Regional Enrollment Areas (AREA) which is a less formal form of cooperative school structure.
Cascadden noted there was a 1997-98 study that recommended combining SAU 3 and SAU 20 but the proposal did not pass. The study estimated at that time the communities involved could save over $100,000 by combining SAUs.
Councilor Mark Evans said it would seem there would be definite cost savings by combining districts. He said he was in favor of moving forward with studying it.
Bousquet said the districts can come up with some rough figures. Without looking at the numbers, he said he did not know if there would be cost savings. MacQueen said the purpose is to create better educational opportunities for students. He said it is highly questionable that regionalization will save money.
Mayor David Bertrand said the local area also has to look at regionalization as an economic development initiative. He said the quality of the school system is one of the top factors people look at when deciding where to live.
Councilor Lucie Remillard asked the superintendents if they thought regionalization would benefit the students. Bousquet said he did not see why it would not help.
“We’ve got to look at it,” he said.
Cascadden said with regionalization the local schools would be looking at a larger circle and said she believes students would gain the best of both SAUs.
Councilor Richard Lafleur urged the superintendents to incorporate the students in the process. He said they represent the future.
LaPuma questionaire - Ward IV
— 1) My name is Joseph LaPuma. My family and I moved to Berlin in 2006. We fell fell in love with the area we’ve visited in the past . We realized this is where we wanted to live. I have no public service experience, I'm not a politician. I'm a concerned citizen. I have owned a small business in the past. My wife Sylvia was my bookkeeper and we learned to listen to our customers or else our business would have failed. I have my GED and 2 years college on the GI bill. I’m a disabled Vietnam vet, I’m sight impaired but I don't let it slow me down.
2) I’m running because city government is too big. They are no longer in touch with the people
3) I would have listened to the people, 680 of the people said no to the prison but the city council voted yes. No one listened.
4) I think it's about time because the mill built this city and hopefully the biomass plant will start a new trend, so more business will come in.
5) To stop spending our money, cut city spending and try lowering taxes. The people of the city are losing their homes because of job loss or taxes. Municipal expenditures from 2000 to 2008 were l47.3 percent, this does not include the school dept. This needs to stop.
6) There is none- They make it to hard for businesses to get started.
Poulin note for questionnaire
Barbara Tetreault
— Incumbent Ward IV Councilor David Poulin chose not to participate in the questionnaire.
Danderson questionnaire- Ward II
— Question #1: I was a political science major at UNH when I did advance work for Ronald Reagan's 1976 Presidential campaign. I have 30 years experience in the electrical utility operations and maintenance of power plants. I served as a business agent for local 1837 IBEW for three years and have served in NH State Legislature 1983-84 District II Rockingham County and served as Mayor of Berlin, 200-2008.
Question #2
I believe we need a council that will welcome industry and work for win/win situations to create good paying jobs. Investors and developers want communities that will work with them not against them! Statements from the council that say 40 lousy paying jobs did incredible damage to Berlin's economic development. That was like posting a sign saying stay away.
Question #3
I would have worked with Laidlaw finding common ground to get the project done while working with them to find a way to address citizen concerns with the visual aspects of the plant. We could have created many construction jobs working at the facility that would have employed many people in the North Country. Then work with them to create other business relationships with similar industries to create other jobs with industries that could buy electricity or steam for their own manufacturing needs. We could have worked with them to create some form of green space for public use. Instead the council appropriated $100,000 @ $295/hour for lawyer who has accomplished nothing.
Questions #4
It is the best use of the property considering the history of the land. The many foundations, sink holes and possible contamination makes it near impossible for other development.
Question #5
To eliminate the sacred cows. Each budget should be evaluated on needs and the importance of service. Each department needs to justify its expenses. Outside contracts with vendors should re-examend and evaluated for their value. Use of city owned vehicles examined, and a procedure established.
Question #6
Feeble at best. It is time to separate our contract with Norm Charest. It is clear his loose unprofessional style is not producing any fruit.
Route 16 reopening today
Barbara Tetreault
DUMMER— Two months after heavy rains washed out a section of Route 16, the road will reopen this afternoon.
In August about 200 feet of roadway washed out, creating an approximately 20 foot drop in the area between the road and the Androscoggin River. The state Department of Transportation closed a four mile section of Route 16 from the intersection of Route 110A to Route 110B and traffic has been detoured onto Route 110 since the washout.
“It will open for traffic tomorrow,” DOT Construction Engineer Steve Glines said yesterday.
The contractor on the project, Audley Construction, realigned the road about 60 feet around the washout and build a new section of roadway. Glines said the state had to acquire land from Public Service of N.H. to do the realignment. There is still some work seeding and dressing up the area that remains. He said that work will be completed by the end of November. The cost of the contact was about $850,000.
In a follow-up project next spring, Glines said DOT will deal with the scar created by the landslide.
Accused arsonist deemed danger to self, community
Craig Lyons
LANCASTER— Coos County Superior Court ruled that accused arsonist Kerry Tibbetts poses a danger to community or himself and therefore shall remain in custody for further evaluation.
Judge Peter Bornstein ruled that Tibbetts, 28, of Berlin, is dangerous because of statements he made to investigators while being interviewed following a fire at 645 First Avenue, and that his uncontrollable urge and explanations why he set the fires.
“I don’t accept the defendant’s characterization of the fires as accidental,” said Bornstein, during a hearing on Tibbetts’s dangerousness that was held after he was deemed not competent to stand trail for eight counts of arson.
Tibbetts was indicted by the grand jury on nine counts of arson. The charges against Tibbetts allege he set fire to buildings at 645 First Ave., 648 First Ave., 844 Third Ave., 486 Goebel St., 30 Main St., 32 Main St., 42 Main St., 468 Champlain St. and 464 Champlain St.
The fires at 32 Main St., 42 Main St. and 464 Champlain St. were collateral damage during the six other fires.
“The defendant is an accident waiting to happen again,” said Bornstein.
Tibbetts stands to be civilly committed based on the ruling on his dangerousness.
Following Bornstein’s ruling, Tibbetts will continue to be held and he would be reevaluated during a 90-day period. After the 90-days, a hearing will be held to determine whether an involuntary civil commitment would be suitable.
The state’s case hinged on investigators’ work at the scene of the 645 First Ave. fire which led them to Tibbetts as a suspect. The defense alleges that Tibbetts admitted culpability in the fires during his initial conversations with investigators.
County Attorney Robert Mekeel questioned Detective Richard Plourde, of the Berlin Police Department, during the hearing asking him to thoroughly explain what lead investigators to Tibbetts, the follow up interviews and statements obtained during those interviews.
Following his arrest, Tibbetts told investigators that starting fires was a type of stress release for him, and that the relief would ‘sometimes last for days,” according to Plourde’s testimony. Tibbetts reportedly added that he also blamed his fire-starting habits on physical abuse he allegedly suffered as a child.
Investigators received a tip that Tibbetts was seen running from the fire scene on January 22, the night of the fire, said Plourde.
Plourde spoke with Tibbetts on Friday afternoon, the following day, and he provided a questionable alibi to account for his whereabouts the night of the fire. He said he brought Tibbetts to the station to speak with him further.
Eventually Tibbetts left the station, and Plourde was told about a pair of bolt cutters found at the scene and that there was a hole cut in the fence behind the building.
Interviewed later, Tibbetts eventually admitted to using the cutters to gain entry through the fence, said Plourde.
Subsequently, Tibbetts reportedly admitted setting the fire in the shed behind the residence, and returned to watch the fire once the Berlin Fire Department responded.
Plourde and an investigator from the New Hampshire State Fire Marshall’s Office walked the fire scene on Tuesday and spoke with Tibbetts at that time.
Tibbetts reportedly told investigators more specific details about setting the fire.
During these interviews, Plourde said Tibbetts stated he also started the fire at 648 First Avenue.
Tibbetts allegedly told investigators he lived at 648 First Ave. during a time where he suffered abuse and watched other family members being abused. He also told investigators he set the fire about 10- 15 feet from the entrance of the basement and used gasoline to ignite the fire.
Plourde said Tibbetts stated he siphoned gas from a relative’s car the previous day in order to use it to set the fire at 648 First Ave.
After more questions from investigators, Tibbetts reported informed authorities he set the fire at 844 Third Ave.
Authorities asked Tibbetts why he set that fire.
Plourde said Tibbetts told investigators he lived at that address when his mother was taken away from him.
Testimony during the hearing didn’t discuss any fires beyond the two on First Avenue and the Third Avenue fire.
“This man cannot help himself from lighting fires,” said Mekeel.
Martha Hornick, Tibbetts’s defense attorney, argued during Plourde’s testimony he stated Tibbetts continually changed his story and at one point needed to be told not to tell investigators what they wanted to hear.
“He told them what they wanted to hear,” said Hornick.
Hornick said there is no independent corroboration to show that Tibbetts made these statements involuntarily or was even telling the truth to investigators.
She said she felt the state failed to meet the burden of proof on the matter of dangerousness based on these questionable statements.
Before hearing arguments on the issue of dangerousness, both Hornick and Mekeel agreed Tibbetts was not competent to stand trial, he could not be restored to competency within a year and the criminal charges should be dismissed for those reasons.
Both attorneys agreed Phillip Kinsler’s competency evaluation affirmed this belief.
Bornstein ruled to accept these matters, dismissed the criminal complaints and proceeded with the hearing on the issue of dangerousness.
