By DAMIEN FISHER, InDepthNH.org
The former Claremont police officer who is running to be a state Representative could soon have his police internal affairs record made public.
Jonathan Stone has been fighting the right-to-know request made more than two years ago by this reporter, arguing in Sullivan Superior Court that records of his actions that resulted in his termination from the department in 2006 cannot be released due to a union agreement.
This month, Judge Martin Honigberg ruled that at least 10 of Stone’s internal affairs reports, and the correspondence between the Claremont Police Department and the New Hampshire Police Standards and Training Council, ought to be public.
Two more internal affairs reports are being considered for release, and both sides are working out the details of any necessary redactions, according to the order.
Honigberg found Stone’s argument that some of the records were supposed to be purged under his union-arbitrated agreement with the Claremont Police Department flies in the face of 91-A, the state’s public records law. Honigberg said the union agreement between Stone and the Claremont Police Department was therefore “unenforceable.”
Stone’s attorney, Peter DeCato, declined to discuss the details of the ruling.
“This case remains an active case despite the issuance of a Redacted Order suitable for public consumption,” DeCato said in a statement. “There are still issues to be resolved and comments are reserved until more orders are issued.”
Claremont’s attorney, Shawn Tanguay, said the records could remain sealed if Stone opts to appeal to the New Hampshire Supreme Court.
“It is my expectation that any appeal to the New Hampshire Supreme Court will preserve the protective order, as provided by the Sullivan County Superior Court, that currently classifies these records as confidential documents until the case reaches a final decision by the appellate court,” Tanguay said.
The city complied with this reporter’s right-to-know request in August of 2020, sending a letter that Stone was the subject of 11 internal affairs investigations that found sustained allegations of misconduct, according to a letter sent by then Claremont City Manager Ed Morris. In court, it has been learned there are at least 14 internal affairs reports on record, some dealing with Stone’s actions while on duty as a police officer, and some dealing with his actions while off-duty.
According to records obtained through the 5th Circuit Court, District Division in Claremont, Stone was subject to a domestic violence protection order, filed by a Claremont woman in September of 2006. The order was withdrawn two weeks later. The exact details of the domestic violence case are unknown, as the record beyond the court docket has been destroyed, according to court officials.
The alleged victim in the domestic violence case had declined to speak about the matter.
Stone is currently an elected member of Claremont’s city council, and he is running as a Republican for a seat in the state legislature.
Stone is no longer certified to work as a police officer in New Hampshire. His name has not appeared on the state’s Laurie List, or Exculpatory Evidence Schedule. The Laurie List maintains the names of police officers with known credibility problems. Many names on the list are currently redacted due to court challenges.
Months after this reporter began publishing stories in InDepthNH.org about Stone and the right-to-know request, the New Hampshire ACLU and New Hampshire Union Leader joined forces to become intervenors in court.