June 16 – Prosecutors want to move the trial of former Strafford County Sheriff Mark Brave to a later date as plea negotiations continue.
More charges could also be filed against Brave, 38, depending on plea negotiations, according to a recent court filing.
The final hearing in the preliminary investigation would take place on July 25, while the trial would take place from August 5 to 12.
Brave pleaded not guilty last September to eight felonies for allegedly misusing provincial credit cards and attempting to conceal the personal nature of the purchases. He put himself on paid leave and resigned a few months later in December.
The proceedings so far have taken place in Rockingham County Superior Court due to conflicts in Strafford County, but Assistant Attorney General Joe Fincham wrote the request that the trial be held in Strafford County, with a Strafford County jury.
The court dates were scheduled after the two sides failed to reach a plea deal by May 24, a deadline set during a criminal mediation session with a retired Superior Court judge.
More charges could be filed from Rockingham County “if the matter is not resolved through a plea bargain,” according to the June 12 filing by the attorney general’s office.
At an earlier hearing, the state informed the court that it “would consider replacing the Strafford County charges currently pending in this case, and possibly seeking additional charges in Rockingham County for conduct that occurred during the trial about the charges against Strafford County.”
If the dates are not changed, “the state would have to file such charges during the July term of the Strafford and Rockingham County Grand Juries – just weeks before a possible trial,” Fincham wrote.
More time would also be needed to process potential pretrial motions for the trial, which is expected to last three to four weeks.
The state also says it needs time to subpoena witnesses.
“These witnesses are believed to come from as far north as Maine and as far south as Florida, and from areas in between along the Atlantic coast,” the prosecutor said.
Prosecutors allege that Brave, as an elected official, spent $19,000 of taxpayer money on “personal expenses” for travel and hotel stays.
The court previously ruled that Brave’s financial statement was at issue when he attempted to be represented by a public defender.
Brave told the court he used $240,000 from the sale of his home to pay back taxes, pay off debts owed to his wife and pay college tuition for two of his three children, his wife later alleged. Around the same time, a 1968 Porsche convertible was delivered to his address in Tewksbury, Massachusetts, on Oct. 17, according to court documents.
Prosecutors say Brave also violated court orders by living out of state. Brave was ordered to remain in New Hampshire except to drive his daughter to and from school functions at a private school in Massachusetts.
Brave listed a Dover address on court paperwork, but prosecutors allege he has lived in Tewksbury, Massachusetts, since October 1.
Out-of-state residence makes him ineligible for a Strafford County sheriff’s position, and prosecutors say Brave fraudulently collected more than $10,000 in wages. The state claims that by collecting the paycheck while living out of county, he could be charged with perjury and theft by deception.
“Given the magnitude of discovery in this case and the complexity of a trial in this case, a scheduling conference would allow the Court and the parties to properly prepare this case in accordance with the rules,” prosecutors wrote.
Brave is represented by attorney Leif Becker.
