By DAMIEN FISHER, InDepthNH.org
BRENTWOOD — Mark Brave resigned as Strafford County Sheriff Tuesday, avoiding jail for now, but prosecutors still want him found in contempt of court.
Prosecutors in Rockingham County Superior Court were seeking to have Brave’s bail revoked on Tuesday after they learned he moved out of state. Brave was under court order to stay in New Hampshire after he was charged this summer with stealing taxpayer money.
Brave’s attorney, Leif Becker, met with prosecutors shortly after the hearing started in Rockingham Superior Court and reached a new agreement. Becker said after the hearing Brave’s resignation is key to the new bail agreement.
“The resignation corrects the bail violation,” Becker said.
Brave’s resignation means he is giving up his salary, which was one of the issues raised by prosecutors in the motion to revoke bail. As he is no longer living in New Hampshire, Brave is not legally eligible to serve in an elected position, such as county sheriff. Prosecutors alleged Brave was stealing taxpayer money by collecting his pay while living in Massachusetts. Brave reportedly moved out of state at the start of October.
Brave is already facing several felonies alleging he stole taxpayer money and lied to a grand jury. He had reluctantly accepted paid administrative leave after he was charged this summer.
However, prosecutors learned Brave signed a lease for a Massachusetts apartment and prepaid a year’s rent in October, for about $50,000. Brave did not disclose this move to authorities and had claimed he lived in a Dover apartment.
At the same time, Brave claimed he did not have money to pay for a defense attorney. After a court-appointed defense attorney was assigned to Brave’s case, he reportedly signed and paid for the lease and bought a classic, 1968 Porsche sports car, according to court documents.
Brave’s public defender was revoked when his financial situation came to light last month.
Becker said Brave is not conceding he did anything wrong with the move out of state. Becker said the legal question about residing in one state while being domiciled in another would land in Brave’s favor.
Assistant Attorney General Joe Fincham is still pushing for a hearing to have Brave found in contempt of court, given Brave’s alleged lies to the court about his finances and living arrangement. No date has been set for that hearing, though it may end up moot.
Fincham said in court that a plea agreement in the case is being prepared, and it will be given to Becker in the coming weeks. Plea agreement offers are common in criminal cases, and an offer being made does not necessarily mean an agreement will be reached.
Brave is due back in court on Jan. 30 for a dispositional hearing. At that point more could be known about a possible plea bargain. Fincham said he plans to seek a date for the contempt hearing at that point.