By DAMIEN FISHER, InDepthNH.org
CONCORD — Before the eight women and four men on the Victor Malavet jury started deliberations in the state’s first Sununu Youth Services Center child abuse scandal criminal trial, Assistant Attorney General Meghan Hagaman made sure they knew what this case is about.
“Rape is about power and control,” Hagaman said during her closing argument. “When did Natasha [Maunsell] have power? Not while she was at YDSU.”
She was referring to the Youth Detention Services Unit in Concord, part of the state’s juvenile detention services, where Malavet of Gilford allegedly sexually assaulted Maunsell when she was 15 and 16 and incarcerated by the state.
Maunsell, now 39, accuses Malavet, 62, of repeated rapes and other forms of sexual assault while she was a state ward, and he was one of the state employees charged with supervising her. Malavet is faced with 12 felony indictments for the alleged sexual assaults and could spend his remaining life in prison if convicted.
Both sides gave closing arguments Thursday in Merrimack County Superior Court, with Hagaman asking jurors to recall Maunsell’s harrowing testimony about the assaults, made possible by the near absolute control Malavet exercised over her life.
“[Malavet] used that power to manipulate Natasha so he could take what he wanted,” Hagaman said. “He took exactly what he wanted from Natasha when he raped her repeatedly.”
Malavet used his position to do what he wanted to the girl while presenting himself to the rest of the world as a man of integrity and faith, Hagaman said. Even Maunsell’s father, Robert Maunsell, thought Malavet sincerely cared about his daughter’s welfare, Hagaman said.
In reality, Maunsell was a scared teen struggling to navigate the world.
“She was a lost kid who had a rough life,” Hagaman said.
By the time she was sent to the YDSU for pre-trial lock up, she was lost and searching for something to hang on to. That’s when Malavet began to groom her, befriending the girl, giving her spiritual direction, and getting her alone.
“He even used her faith to control Natasha,” Hagaman said. “He would read bible scriptures to her … He did it all to coerce and control Natasha to do exactly what he wanted.”
But Malavet’s attorneys want the jury to believe Maunsell is making up the abuse. Attorney Jane Duncan said throughout the trial that Maunsell is looking for a large cash award through her separate civil lawsuit against the state.
Maunsell is one of 1,300 adult survivors who allege the state is liable for the abuse they endured while locked up in the Youth Development Center and affiliated facilities. The first civil trial resulted in survivor David Meehan being awarded $38 million in damages as the jury found the state responsible for allowing the abuse to happen. The award amount is being contested by the state.
During the trial, the defense focused on Maunsell’s financial arrangement with a lending company that specializes in loans to people who have pending lawsuits with potential large damage awards. Maunsell has drawn about $150,000 in these loans over the past three years.
“They want you to think this is all about the money,” Hagaman said.
Maunsell’s loan agreement does not require her to take part in the criminal case at all, Hagaman said.
“Why would she be involved in this if this was about the money,” Hagaman said.
The loan agreement calls for the money to be repaid if Maunsell wins her civil trial. If she loses the civil trial, the loans will be forgiven. However, if Maunsell is found to be lying about the abuse she will be required to repay all the money at 34.5 percent interest. Giving false testimony in the criminal trial would mean Maunsell could be charged with perjury as well as face a stiff penalty from the lending company.
The jury deliberated for two hours on Thursday after getting the case later in the afternoon. They are expected to return Friday. If no verdict is reached before noon, the jury will return on Tuesday following the holiday weekend.
