Brain Dead In Berlin
On October 24, 2021, Brandon Girardi was arrested for DWI by Berlin PD. Girardi was charged with RSA 265 A:2 1 (a) - DWI, RSA 265 A:2 1 (b) – DWI Adult greater than .08 Blood Alcohol Content (BAC), and RSA 265:22 -Yellow Line Violation (See #receipt RSA 265 A:2).
On October 25, 2021, Girardi pled Not Guilty, and the case was scheduled for trial. Who is Brandon Girardi? At the time of his arrest and currently, Brandon Girardi is an employee of the Department of Safety – Division of State Police. Girardi is a New Hampshire State Trooper.
On January 19, 2022, Lt. Zach Howry (Berlin PD) nolle prossed the charges (RSA 265 A:2 1 (a), RSA 265 A:2 1 (b), and RSA 265:22. On that same day, Howry entered a new complaint and Girardi pled guilty, and was convicted of RSA 265:79 – Reckless Driving (See #receipt RSA 265:79). Girardi was fined $500, and his driving privileges were suspended for 60-days, commencing on January 19, 2022.
On December 14, 2021, Girardi was scheduled to appear before the Police Standards and Training Council (PSTC) for a revocation hearing (See #receipt POL 402.02), as prescribed by Administrative Rule. Girardi was a no-show, despite the fact the return receipt indicated notice was delivered on December 2, 2021. PSTC voted to temporarily suspend Girardi’s police certification until a hearing could be re-scheduled (See #receipt PSTC minutes 12-14-21).
On January 25, 2022, Girardi was again scheduled to appear before the Police Standards and Training Council for a revocation hearing (See #receipt PSTC minutes 1-25-22). Colonel Nate Noyes, who sits on the Council, recused himself, which is appropriate since the Internal Investigation had not been done at that point. Given the NHSP track record, it may not have been done at all. It is, however, interesting that then Deputy Attorney General Jane Young, sat through the non-public session requested by Girardi’s attorney, but then recused herself when the public session resumed.
Per RSA 265 A:21 (See #receipt RSA 265:21), if the original charge of RSA 265 A:2 1 (b) – DWI Adult greater than .08 BAC is nolle prossed in exchange for a plea to another charge, in this case RSA 265:79 – Reckless Driving, the prosecutor shall submit a written report to the Attorney General describing the agreement. In other words, the prosecutor must explain why. By the way, such a report is subject to public disclosure, as prescribed in the statute.
Did Lt. Zach Howry (Berlin PD) submit that report to the Attorney General? On January 12, 2023, RobbiLeaks sent a 91-A request (Right to Know) to Berlin PD (See #receipt RTK request). On January 23, 2023, RobbiLeaks received a response from Berlin PD (See #receipt Berlin PD response). RobbiLeaks was astonished by Berlin PD’s response, which can only be described as incompetence.
I’m certain the RobbiLeak Faithful will not be surprised by the follow-up letter RobbiLeaks sent to Berlin PD (See #receipt Response to Berlin PD).
On January 30, 2023, a RobbiLeaks reader sent the PSTC minutes from 12-14-21 and 1-25-22, which are public record. Now that RobbiLeaks has confirmed that New Hampshire State Trooper Brandon Girardi was indeed arrested and charged with DWI by Berlin PD on October 24, 2021, RobbiLeaks sent another 91-A request (See #receipt) to Berlin PD for a copy of the written report that should have been sent to the Attorney General, as prescribed by RSA 265 A:21. Perhaps this explains why Jane Young recused herself from the public hearing of Brandon Girardi?
Stay Tuned.
