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Next on New Hampshire Outlook tonight. |
| News Summary Return to index of stories... |
Good Evening. I'm Allison McNair. Welcome to the premiere edition of New Hampshire Outlook. We begin tonight with a summary of state headlines. The historic impeachment trial of State Supreme Court Chief Justice David Brock got underway in the Senate today. The proceedings focused on evidence and testimony. We'll have a complete report on what happened and take a look at the people and history behind the trial in just a few minutes. The contract for the next military warplane could net a Nashua company seven billion dollars. Two companies - Boeing and Lockheed Martin - are competing for the design of the next generation of fighter planes. Sanders of Nashua has two separate teams working on electronic warfare components for both competing designs. That way - no matter which company is awarded the contract - Sanders wins. Speaking of winning, Jenny Thompson has one last shot at taking home an individual olympic gold medal in swimming. The Dover native will compete in the 100 meter freestyle on Wednesday. On Saturday she took her sixth relay gold medal with the U-S women's team. Her classmates call her "encyclopedia" and she reads the dictionary in her spare time. But 9-year- old Amritha Mangalat of Nashua will tell you she's just a regular person. Last week, she was named New Hampshire's outstanding student of the year - by the National Association for Gifted Children. And in addition to playing the veena, an Indian instrument, she speaks two languages, rides horses and plays chess. Her teacher says she's just an all-around amazing little girl. That's our summary of today's news. I'll be back with tonight's focus on the State Supreme Court Crisis. First, here's a look at your forecast. |
| Intro Court Return to index of stories... |
History was made today as the impeachment trial of State Supreme Court Chief Justice David Brock got underway. Lawyers for both sides laid out their case. In tonight's program, we'll show you today's crucial moments and put the proceedings in perspective. But first, here's a look at how it all began. |
| The Court Return to index of stories... |
The state Supreme Court crisis began to unfold last February when an affair of the heart became an affair of state. During a meeting of the justices. Justice Stephen Thayer, who was in the middle of a bitter divorce, attempted to influence the choice of judges who would hear his divorce case. When the other justices did not report Thayer's conduct, the clerk of the court, Howard Zibel, decided he would. Zibel's memo launched a lengthy investigation by Attorney-General Philip McLaughlin. Justice Stephen Thayer struck a bargain, resigning to avoid possible prosecution. McLaughlin's report criticized the rest of the court, in particular, Chief Justice David Brock. Brock's response was swift and angry. Brock Chief Justice David Brock: "The report is factually incomplete, distorted by omission, and just plain wrong. It mischaracterizes and exaggerates, and in an overall sense is misleading." But the Legislature disagreed and approved an impeachment inquiry by the House Judiciary Committee. Stephen Thayer/Former Justice: "I have told you under oath that I wish I had not commented. I did, I've paid the price, I'm no longer a judge, I'm no longer on the court." The inquiry heard testimony from former Justice Thayer and three sitting justices, but the focus was clearly on Brock. By the end of inquiry, Brock's stance was no longer defiant. Chief Justice Brock: "It is apparent to me that I made mistakes. They were honest mistakes but they were mistakes and errors of judgment nonetheless." But modest contrition was not enough. Chairman Henry Mock seemed to capture the mood of the committee in his closing remarks about the court's practice of letting disqualified judges comment on cases. Henry Mock/R-Jackson: "It is wrong. It is absolutely wrong, and any high school graduate - not a graduate from law school, and not an experienced attorney going to the Supreme Court, would even have a question about that." The Judiciary Committee, after two months work, recommended three counts of impeachment. The House passed all three and added a fourth The trial has begun in the Senate, where a two thirds majority is needed to convict on any of the articles. In order, they are: ARTICLE I Maladministration in a 1987 court case known as the Home Gas Case. Brock is accused of making an improper phone call to a lower court judge and covering it up. ARTICLE II Malpractice in the Thayer divorce case. Brock is accused of allowing Thayer to try to influence the selection of judges in his own divorce case. ARTICLE III Brock is accused of giving False testimony on four occasions during the impeachment inquiry. ARTICLE IV Brock is accused of committing Maladministration by permitting recused justices to comment on cases they were disqualified from. |
| Intro discussion Return to index of stories... |
Today's historic impeachment trial proceedings actually began outside the Senate chamber. The 22 state senators who will decide the fate of Chief Justice David Brock toured the Supreme Court building. The tour was designed to set the scene for the Senate court participants. The senators were briefed on the location of several meeting rooms and chambers. They are important because they figure into the testimony given during the impeachment inquiry. Of particular interest was the conference room where former Justice Stephen Thayer tried to influence the selection of the judges in his own divorce case. Here's a summary of what the Senate decided on today: The House prosecutors will not be able to call Chief Justice David Brock as a witness. Certain types of hearsay evidence will be allowed. The Senate rejected Brock's motion to exclude a prosecution witness who is an expert in judicial ethics. They will allow him to call his own expert. Joining me in the studio now to talk about today's developments are former New Hampshire Attorney General Tom Rath who has been with us for the entire impeachment process and law expert Buzz Sher from the Franklin Pierce Law Center. |
| Court Discussion Return to index of stories... |
Following is a summary of tonight's discussion: Allison McNair opened the discussion with a question to both Tom Rath and Buzz Sher. The prosecution did not want to call Chief Justice Brock as a witness and the house did not object. Rath responded with the point that the defense wanted control of their star witness. The fact that the Senate is treating this like a criminal trial will end up being a benefit for Brock. Sher pointed out that the House did not object because this is the break that they they wanted. They do not have to cross examine and it would prolong any motion to dismiss because Brock has not testified. McNair's second question was about the hearsay evidence being used in the case. There are twenty exceptions to hearsay evidence being accepted on a case by case basis. Sher believes that the circumstances of the application depends on the specific situation. Rath believes that Brock's attorneys would do this because there is so much evidence that it would get the jury and the court thinking that this goes beyond what is presented. The prosecution believes that there is potentially significant pieces of evidence that on the surface would appear to be hearsay and this could make a big difference. Rath believes the Senate agreed to bring in witnesses, including six justices from other states to testify, because the Senators are concerned about public perception. Rath says Brock wamts to elevate the significance of this case and of Brock himself, to show that one phone call and one outburst is not enough to impeach. Sher comments on Brock's denial of the phone call as grounds for perjury. While that is much more serious, it is harder to prove. Sher believes the prosecution reached a rhetorical high point when they used Brock's own words against him by bringing up his strict ruling in the Snow case. In the end Rath hopes this trial restores the confidence of the public in the court system. |
| Sen. Rick Trombly Return to index of stories... |
There was discussion on the motion by the house to preclude testimony by six justices from around the country. Senator Rick Trombly spoke in favor of allowing the testimony. |
| Atty Steinfield Return to index of stories... |
Attorney Joseph Steinfield, counsel for the house managers, spoke about the alleged call made by Chief Justice David Brock to a lower court judge, Judge Gray, regarding the Home Gas case. |
| Atty Steinfield II Return to index of stories... |
Steinfield also talked about the impact of the alleged call by Chief justice Brock to Justice Gray. |
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The trial continues tomorrow beginning with the defense opeing statement. Expected to tesify are Supreme Court Attorney Eileen Fox and Superme Court Clerk Howard Zibel. You can watch gavel to gavel coverage here on New Hampshire Public Television beginning at 9:30am. We'll bring you a complete report on the day's developments here at 7:30pm. |
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Before we leave you tonight, we'd like to put a little historic perspective on the impeachment trial now going on in the Senate. The last time New Hampshrie impeached a Supreme Court Justice, the year was 1790. George Washington was President and the Langdon brothers were at the center of New Hampshire politics. Producer Richard Ager picks up the story in tonight's Postscript. OUT: |
| Woodbury Langdon Return to index of stories... |
The Langdon brothers, born and raised on this farm in Portsmouth, achieved wealth and fame as this country was born. John Langdon served with distinction in the Revolutionary War, and became New Hampshire's first governor. Woodbury Langdon? Well, he achieved a different kind of distinction. From the start, his record of public service was, at best, uneven. During the Revolutionary War, he was elected to the Continental Congress. He served a year, and then refused to have anything more to do with that body, even though he was reelected to it three times. In 1782 he was appointed a justice of the Superior Court, but resigned after a year, even though the legislature pleaded with him to stay on. But despite all that, two years later, he became the first President of the state Senate. In 1786 Woodbury Langdon once again accepted the position of Supreme Court justice, but, faced with traveling around the state to hold court in different towns, he was soon complaining that his salary was completely inadequate. He received no raise, and so Langdon stayed in Portsmouth and tended to his shipping interests. In June, 1790, the House of Representative impeached Judge Woodbury Landon of the Superior Court of Judicature for dereliction of office. The Senate issued an order for Landon to appear for trial in Jan. 1791. But Langdon had other plans. He managed to obtain a federal appointment from President George Washington to serve on a government commission , submitted his resignation to the state Senate two weeks before the trial was due to begin, and left for Philadelphia. The Senate turned the case back to the House, which voted to drop the affair. Langdon was always known for his sharp tongue. Gov. William Plumer of Epping, often quoted this letter from Langdon on who would succeed him: "Many are impatiently waiting to fill my place, yet I hope the Executive will be directed to make a choice of such a gentleman as will be a credit to the appointment - not an ignoramus-no sluggard-no sycophant". This forthright attitude did not help him in later public life. He ran for Congress twice and lost both times. But his portrait still hangs alone in the Senate, testament to a job he did complete. |
| Tag Langdon Return to index of stories... |
OnCam:Ally For information on tonight's program, and links to our guests and interviews, visit our web site at nhptv.o-r-g. You can give us your feedback, review program scripts and participate in our daily poll. |
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Tonight marks not only the premier of NH Outlook but the first digital broadcast on New Hampshire Public Television. As a matter of fact this program is coming to you via digital transmission. While you may not notice a difference right now, digital television is the shape of things to come. It will bring stunningly crisp pictures displayed on a wide screen. Plus it will allow us to broadcast on multiple channels. stay tuned. |
| tease tomorrow Return to index of stories... |
Tomorrow night on New Hampshire Outlook, we'll bring you the forecast for our growing economy. Could there be two New Hampshire's in our economic future? We'll bring you a comprehensive look at Day Two of the Brock impeachment trial. And we'll meet the farmer who's growing his business indoors. |
| Goodnight Return to index of stories... |
That's it for this edition of New Hampshire Outlook. For all of us at New Hampshire Public Television, I'm Allison McNair. Thanks for joining us. We'll be back tomorrow at 7:30. Stay tuned next for Antiques Roadshow UK. Good night. |
| founders Return to index of stories... |
Thanks to our founding sponsors who have provided major funding for the production of New Hampshire Outlook: New Hampshire Charitable Foundadtion Public Service of New Hampshire Alice J. Reen Charitable Trust Putnam Foundation Stratford Foundation |
| promo 9/19 Return to index of stories... |
Hello, I'm Allison McNair, tonight on New Hampshire Outlook… Get the big picture on our changing economy… We'll bring you the crucial developments in day two of the Brock impeachment trial… And you'll meet a farmer who's growing his business indoors. Join us tonight at 7:30 on New Hampshire Outlook. |
| intro By The Road Return to index of stories... |
While driving around the state, I'm sure you've seen the historical markers by the side of the road. For those of you who've never had the time to stop to read them, NH Outlook is going to bring them into your living room. We think it's an interesting way to learn more about our history. |