UPDATE with comment from Jeffrey Woodburn: “I believe in the system; trust that the truth will be revealed, the vail over the process will be lifted and ultimately justice will prevail. And more importantly, I hope my story will help bend our prosecutorial system toward the pursuit of truth, not people and help others.”
By NANCY WEST, InDepthNH.org
CONCORD – Former state Sen. Jeffrey Woodburn has filed a notice of appeal to the state Supreme Court raising questions about potential errors by Judge Peter Bornstein in his case involving domestic violence-related convictions against his former fiancée, Emily Jacobs.
Woodburn, 56, a Whitefield Democrat, was convicted in Coos County Superior Court of four counts and found not guilty on five charges, all misdemeanors, for incidents that occurred between December 2017 and June 2018.
The notice of appeal asked whether the court erred and violated Woodburn’s right to a fair trial by not allowing him a self-defense instruction to the jury.
“Did the trial court err and/or violate the defendant’s constitutional rights when it did not allow evidence of prior aggression on the part of the alleged victim and/or other similar evidence relevant to the defendant’s justification for the use of force against the alleged victim,” the notice asks.
It also asked whether Bornstein was wrong to interfere with Woodburn’s right to confront and cross-examine the victim about prior acts of aggression and criminal restraint that were relevant to her bias and motive as well as Woodburn’s claim that he acted in self-defense.
The notice also questions whether several motions should have been sealed.
After the jurors returned with their verdicts May 13, Woodburn and Jacobs both claimed victory in having jurors believe them.
Woodburn was convicted of two counts of criminal mischief, one count of domestic violence and one simple assault – all incidents that Woodburn admitted on the witness stand – breaking Jacobs’ dryer door and a door at her residence and biting her on the arm on Dec. 15, 2017.
He was found not guilty of throwing a cup of water at Jacobs’ face, punching her in the stomach, trespassing and a separate incident of biting her.
“In short, that means they believed me,” Woodburn said right after the verdicts. “It’s gratifying to be believed by the jury (convicted for what I admitted to and not guilty for the other five charges) but more important to be heard. The process has revealed much – and will reveal more. As hard as this has been, by every measure my life is better because of it.”
Jacobs, a social worker, released a statement to news outlets after the verdicts.
“Today, justice was served, and as a survivor of domestic violence, I was believed. I am grateful to the jury for convicting the defendant of domestic violence, holding him accountable for his acts of violence against me.
“Many victims of domestic violence do not come forward out of fear of retaliation or that they will not be believed. I too had that fear, especially in light of the political position and influence held by the defendant. I hope that this verdict will encourage other victims to report allegations of abuse, and that we will see a day when all perpetrators are held accountable,” Jacobs said.
Woodburn and Jacobs could not be reached for comment.
Woodburn could have faced three years in jail, but Bornstein suspended all but 60 days in jail.
Senior Assistant Attorney General Geoffrey Ward had asked the judge to send Woodburn to jail immediately after sentencing him, but Bornstein agreed to the delay because Woodburn’s attorney, Donna Brown, said he would be appealing to the state Supreme Court. Brown is not handling the appellate part of the case.
At sentencing, Jacobs didn’t appear, but asked Lynda Ruel, director of the Attorney General’s Office of the Victim Advocate, to read a statement detailing the pain she has endured. She also disagreed with Ward’s recommendation on suspended sentences.
“So, I ask Your Honor to consider sentencing Jeffrey Robert Woodburn to the maximum allowable under the law,” Ruel said, reading Jacobs’ statement.
“Please send a clear message to him and all those who enabled and supported him after his convictions that those who are convicted of violent offenses against loved ones and their families must be held accountable.”
Woodburn also made a statement before sentencing after the victim impact statement.
“No matter the outcome here, I will leave this courtroom with my head high,” Woodburn said. “Not because I didn’t make mistakes but that I apologized, took responsibility, and took action. I stood for the principle trusting in the ideals of our Judicial system, and I paid a price for that. And while the outcome is not what I had hoped for, I’ve learned from this experience. Through the doors of failure, I have found peace, perspective, love and happiness. I’m richly blessed, deeply changed,” Woodburn said.
Woodburn was a sitting state senator and Jacobs was the chairman of the Coos County Democratic Committee and candidate for county treasurer while they were dating, both with a passion for politics, according to trial testimony.
Jacobs testified at trial that they discussed Woodburn running for governor and how he wanted her to behave if she were to become the first lady.
Reporters and supporters of the victim and defendant watched the trial from an adjacent courtroom with live video and audio streamed in. Only the jurors and participants were allowed in the courtroom during the trial.
Bornstein denied motions filed by InDepthNH.org and the Berlin Sun to open the courtroom to the public and press instead of having to watch it live-streamed on a small TV screen in an adjacent room.