Prosecutors ask to delay trial of ex-sheriff Mark Brave; could file additional charges


Jun. 16—Prosecutors want to reschedule the trial of former Strafford County Sheriff Mark Brave to a later date as plea negotiations continue.

More charges could also be filed against Brave, 38, depending on plea negotiations, according to a recent court filing.

The final pretrial hearing was set to take place July 25, with a trial taking place from Aug. 5-12.

Brave pleaded not guilty last September to eight felony charges for allegedly misusing county credit cards and attempting to hide the personal nature of the purchases. He put himself on paid leave and resigned a few months later in December.

The proceedings so far have taken place in Rockingham County Superior Court because of conflicts in Strafford County, but Assistant Attorney General Joe Fincham wrote the request that the trial needs to take place in Strafford County, with a Strafford County jury.

The trial dates were scheduled after the two sides failed to reach a plea agreement by May 24, a deadline set during a criminal mediation session with a retired superior court judge.

More charges could be filed out of Rockingham County “if the case does not resolve by plea agreement,” according to the June 12 filing from the Attorney General’s Office.

During a prior hearing, the state informed the court it “would consider superseding the Strafford County indictments currently pending in this matter, as well as potentially seeking additional indictments in Rockingham County for conduct that has occurred during the litigation of the Strafford County indictments.”

If the dates aren’t changed, “the State would have to seek such indictments during the July terms of the Strafford and Rockingham County Grand Juries—only weeks before a potential trial,” Fincham wrote.

More time would also be needed for hearing on potential pretrial motions for the trial, which is expected to last three to four weeks.

The state also says it needs time to subpoena witnesses.

“These witnesses would come from as far north as Maine and as far south as Florida, and in areas in between along the Atlantic Coast,” the prosecution said.

Prosecutors allege that Brave, as an elected official, spent $19,000 in taxpayer funds on “personal expenses” for travel and hotel stays.

The court previously found that Brave’s financial affidavit was in question when he sought to have a public defender represent him.

Brave told the court that he used $240,000 from the sale of his home to pay back taxes, pay off debt owed to his wife, and pay tuition for two of his three children, claims his wife later disputed. Around the same time, a 1968 Porsche convertible that was delivered to his Tewksbury, Mass., address on Oct. 17, according to court documents.

Brave also violated court orders by living out of state, according to the prosecution. Brave was ordered to stay in New Hampshire except to drive his daughter to and from school functions at a private school in Massachusetts.

Brave listed a Dover address in court paperwork, but prosecutors allege he has lived in Tewksbury, Mass., since at least Oct. 1.

Out-of-state residence makes him ineligible to hold office as a sheriff in Strafford County, and the prosecution says Brave fraudulently collected more than $10,000 in pay. The state contends that by collecting the salary while living out of the county, he could be charged with perjury and theft by deception.

“Given the volume of discovery in this case and the complexity of a trial in this matter, a scheduling conference would allow the Court and the parties to properly prepare this matter to be tried in accordance with the rules,” prosecutors wrote.

Brave is being represented by attorney Leif Becker.

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