By DAMIEN FISHER, InDepthNH.org
After years of refusing to comply with court orders, Christopher Hood and his Neo Nazi group NSC-131, are working on a deal to end the civil rights lawsuit brought by the New Hampshire Attorney General’s Office.
Hood and NCS-131 are accused of violating civil rights laws for their harassing 2023 demonstration in Concord targeting staff and patrons at a Teatotaller Cafe drag queen story hour event. But Hood’s continued refusal to produce discovery seems to have sunk the state’s prosecution.
The trial was set for next month, but Sean Locke, the Senior Assistant Attorney General who directs the Civil Rights Bureau, asked Merrimack Superior Court Judge John Kissinger to hold off. Locke states in a July 6 motion that the case is close to a negotiated resolution, though there is nothing final.
“The parties have been in ongoing negotiations to resolve this matter, however, no executed consent decree has been provided to the State so that the State may file a motion to enter that consent decree,” Locke wrote.
At the same time, Locke wants Hood and NSC 131 found in default for the continued refusal to hand over evidence in the case. Kissinger ordered Hood and his gang in January to comply with discovery orders that had been ignored or disputed since the start of the case.
The Neo Nazis were ordered to hand over photos and videos they made of their actions to post on social media, planning messages sent before the incident, and messages sent after the incident concerning the promotion of the social media posts.
Hood, a Massachusetts resident, led his masked goons to threaten Teatotaler’s patrons and staff during the incident. The hate group members shouted threatening white-power and Nazi slogans, and pounded on windows while trying to stop a drag performer from reading a children’s book, according to court records.
This lack of discovery means that Locke can’t mount a prosecution against the Nazi’s by next month, he wrote.
“The State is left in limbo in light of Defendants’ nonfulfillment. The State has been unable to fully engage in the discovery process with follow-up discovery requests, having never received Defendants’ responses to the State’s requests for documents. Further, the State is unable to make strategic litigation decisions regarding depositional needs. In sum, Defendants’ years-long failure to produce discovery responses has derailed this case and unfairly prejudiced the State,” Locke wrote.
Filing the default motion also means the August trial is unlikely, Locke said. Such a motion requires Hood and his group be given the opportunity to respond, creating more pre-trial deadlines, hearings and orders.
Michael Garrity, spokesman for Attorney General John Formella, said there is no conflict with the state negotiating a deal with Hood while seeking the default motion at the same time.
“The goal in civil enforcement matters is to achieve meaningful accountability and compliance. Negotiated resolutions can serve that purpose by requiring defendants to accept responsibility and comply with specific consequences,” Garrity said. “That does not mean the NH DOJ Civil Rights Unit will tolerate non-compliance with court orders. When a party fails to meet its obligations, the Unit will pursue all available remedies, including seeking a default judgment. That is the action the Unit has taken here in response to continued discovery violations.”
Hood and NSC 131 have been non-compliant in court for years. Last year, the New Hampshire Supreme Court rejected the Attorney General’s attempt to prosecute Hood for a 2022 white supremacist demonstration in Portsmouth. The Court unanimously ruled the Attorney General’s use of the Civil Rights Act against Hood was a clear violation of free speech protections.
Earlier this year, the judge ordered NSC 131 to pay $16,500 in attorneys fees and cost.