Jan. 16—A Merrimack County Superior Court judge mostly sided with the New Hampshire Union Leader in the newspaper’s request to obtain records relating to the State Police response to disturbances at the Sununu Youth Services Center in 2022.
The decision comes after the Union Leader appealed an order granting the Department of Safety’s motion to dismiss the case to the state Supreme Court. The Supreme Court in a 4-0 ruling reversed the dismissal and remanded the matter back to superior court. The court left it to the lower court to determine which records could be released.
The two sides brought five areas of disagreement to the court.
Judge John Kissinger determined that the Union Leader should be entitled to information involving descriptions or depictions of juveniles’ mannerisms or characteristics, information about a juvenile’s security status, the building locations responded to and names of staff member witnesses.
The Department of Safety sought to withhold the release of body-worn camera footage and security camera footage within the youth services center, saying it depicts use of restraint. The department also argued the public would be able to identify the juveniles because their height, weight and skin would be visible even if blurred out.
The footage would also present a security risk because it shows the layout and security details within the facility, the department claimed.
Kissinger disagreed.
“The footage shows NHSP troopers’ movements through hallways and housing units. It does not show, for example, the use of security codes or other information which may pose a security threat if released publicly,” the judge wrote.
The faces of the juveniles must be blurred and the footage must not include the voices of the juveniles.
“Other audio — including statements made by the NHSP troopers and staff members involved — must be disclosed,” Kissinger ruled.
The only material outright prohibited from release was handwritten letters by the juveniles involved.
“The letters do not provide insight on NHSP’s response to SYSC,” Kissinger wrote. “Rather, they contain the private thoughts of juveniles involved in this matter. Disclosure of these records would conflict with the rehabilitation of these juveniles.”
Between August and October 2022, police and emergency medical services were called to the Manchester facility 10 times, according to the State Employees Union, after staffers were badly hurt.
Two needed surgery after the assaults and two sustained concussions. One worker had three concussions in as many months, and several workers were bitten by youths. During one State Police response, the employees’ union said, a youth tried to grab a trooper’s gun.
Three youths incarcerated at the center were also sent to the hospital with injuries.
In October and November 2022, the Union Leader requested records from the Department of Safety seeking “public records related to the State Police response” at the youth center on Oct. 7-8, “including any incident reports with confidential information redacted.” The paper then filed a lawsuit when the release of the records were rejected.
Kissinger made his ruling after a private review of the records to determine what should be released.
The Union Leader was represented by attorney Kathleen Sullivan.
jphelps@unionleader.com