By DAMIEN FISHER, InDepthNH.org
CONCORD — The state’s first criminal trial against alleged YDC scandal abuser Victor Malavet got underway Monday in Merrimack Superior Court with his defense team declaring his innocence and accusing the then-15-year-old girl of trying to cash in.
“Money changes everything,” defense attorney Mariana Dominguez said in her opening argument.
Natasha Maunsell alleges Malavet, 62, abused her while he was a youth counselor at the Youth Detention Services Unit in Concord when she was a teen being held on pre-trial detention.
Maunsell is also one of the 1,300 other YDC survivors to file a lawsuit against the state over the abuse they suffered as children.
Testimony began with retired YDC youth counselor Evelyn Clark Smith recalling complaints about Malavet’s inappropriate behavior with Maunsell, other staff and residents witnessed sometime in 2001.
According to Clark Smith, Malavet was spending time alone with Maunsell inside the facility, a violation of policy for the adults. Malavet was also seen eating his lunches with Maunsell, and according to Clark Smith, engaging in out of bounds contact with the teen. At one meal, he was witnessed hand feeding the girl shrimp, and she was seen licking sauce off his fingers.
“That’s just not something you do at work with anyone, especially a child. That’s disturbing behavior,” Clark Smith said.
Maunsell was also caught wearing thong underwear, Clark Smith said, a garment not allowed inside the facility. All the girls were issued clothing when they were brought in, including “granny panties,” Clark Smith said. Maunsell’s personal clothing, including her thongs, was kept in the locked room. The clothing and other items were to be given back when the child was released.
Maunsell was caught wearing the thongs during regular searches, and Clark Smith said it was determined she was getting her personal clothing from the locked room during times Malavet was on duty and had the keys.
Maunsell’s teen friend inside the detention center, Viviana Rosario, testified she saw the teen and Malavet “making out” and “caressing” while they thought they were alone inside different rooms in the facility.
“I knew that wasn’t right,” Rosario said.
Rosario feared staff would retaliate if she spoke out, she said.
“I didn’t want to tell. I was scared. They have a lot of power over your life,” she said.
But after she reported what she saw, Rosario was targeted, she testified. She was subjected to strip searches and cavity searches, as well as other forms of discipline. More alarming, Malavet confronted Rosario and groped her, she said. He then forced her hand down his pants toward his penis, she said.
“He said, ‘You’re just jealous of Natasha … you want some of this too,’” Rosario said.
Michael McGeehan, a systems analyst for the state who worked for years at YDC, recalled being part of an initial staff investigation into allegations Malavet was too close to Maunsell. The result was that Malavet was under direction to put more distance between himself and the children, McGeehan testified.
The intent of the facility was to keep children safe and secure while they were in state custody, but McGeehan testified life inside the facility saw children roaming the building with free access to pens and pencils and other items that could be turned into weapons.
“I would not describe it as secure,” McGeehan said.
Malavet was transferred in 2002 to the Youth Development Center in Manchester after the investigation, but he faced no criminal charges at the time.
