By DAMIEN FISHER, InDepthNH.org

The New Hampshire Supreme Court says that the Department of Corrections should have been allowed a hearing before the Personnel Appeals Board ruled against the termination of a veteran corrections officer.

The Personnel Appeals Board, or PAB, has twice ruled in favor of Lt. Thomas Macholl, who was fired in 2023 after he was accused of using an illegal chokehold on an unruly inmate. The PAB ruled in Macholl’s favor in 2024 in response to the officer’s appeal.

Instead of allowing Macholl to return to work, the Department of Corrections appealed the PAB’s decision, and wanted to introduce new evidence to support its argument that the firing was justified. However, the PAB issued a subsequent summary judgment against the Department and in favor of Macholl instead of allowing the hearing. 

The Supreme Court issued a unanimous case order on Wednesday faulting the PAB for not holding the hearing that the Department sought before ruling in Macholl’s favor a second time. The PAB’s own internal rules require that the board hold the hearing.

“[We] conclude that the PAB violated its own rules by not providing the parties with an opportunity to make oral arguments and offers of proof before the PAB decided the employee’s motion for summary disposition,” the court ruled.

The PAB’s first ruling called the Department of Corrections use of force investigation into Macholl “disturbing.” After he was fired based on video evidence, Department of Corrections officials referred the case to the New Hampshire Attorney General’s Office for a criminal investigation. 

According to the evidence presented to the PAB, Macholl’s bosses were aware there was no illegal chokehold, but did not share that fact with investigators with the Public Integrity Unit of the New Hampshire Attorney General’s Office. The Department reportedly prevented a key witness, Captain Scott Towers, from talking to PIU investigators for more than a month.

“PIU Investigators find it troubling that, within a day of the incident, Assistant DOC Commissioner [Pau] Raymond specifically asked Capt. Towers to review the video footage and render a professional/expert opinion. … It was Capt. Towers’ opinion that the video did not support that a chokehold was used, yet when he asked Assistant Commissioner Raymond if he wanted this documented he was told no. As a result, nowhere in the file is there any record of this information, which is, without question, exculpatory in nature,” the PIU report states.

Macholl was never charged for an illegal use of force, and the Public Integrity Unit investigation found no evidence to substantiate a criminal case. Macholl has still not been returned to duty within the Department of Corrections.

Now, Macholl’s termination is going to go back to the PAB for another hearing. Macholl was unable to comment on the ruling. The Department of Corrections did not respond to a request for comment.