State v. O'Flynn

• Decision Date: 01 July 1985
• Docket Number: Docket No. 84-443
• Citation: 126 N.H. 706,496 A.2d 348
• Parties: The STATE of New Hampshire v. James O'FLYNN.
• Court: New Hampshire Supreme Court

Page 348

496 A.2d 348

126 N.H. 706

The STATE of New Hampshire v. James O'FLYNN.

Docket No. 84-443.

Supreme Court of New Hampshire.

July 1, 1985.

Stephen E. Merrill, Atty. Gen. (Peter W. Mosseau, Deputy Atty. Gen., and Edna M. Conway, Asst. Atty. Gen., on brief, and Mr. Mosseau orally), for the State.

Spaloss and Rosson, of Nashua (Henry F. Spaloss on brief and orally), for defendant.

BATCHELDER, Justice.

The defendant, James O'Flynn, was convicted in a jury-waived trial of extorting campaign contributions from two of his deputies and one deputy applicant in the defendant's bid for reelection as Hillsborough County Sheriff. See RSA 637:5; cf. RSA 640:1 (excludes the mere giving or receiving of campaign contributions from coverage of RSA chapter 640, dealing with corrupt practices). For each of the three instances, evidence was presented that the defendant extorted the contributions by threatening not to appoint the victim to a full-time deputy position. The amount of money verified at trial to have been obtained from each victim was less than $500, but more than $500 when the contributions were considered together. Finding that the three extortion offenses "were committed pursuant to one scheme or course of conduct," the Superior Court (Temple, J.) aggregated the offenses to a class B felony offense under RSA 637:2, V(a). See RSA 637:11, II(a) (Supp.1983). On appeal, the defendant challenges the sufficiency of the evidence. We affirm.

In considering the defendant's claim, we view the evidence in the light most favorable to the State. See State v. Martin, 121 N.H. 1032, 1034, 437 A.2d 308, 309 (1981). We will uphold the verdict unless "no rational trier of fact could have found proof of guilt beyond a reasonable doubt." State v. Danskin, 122 N.H. 817, 818, 451 A.2d 396, 397 (1982) (citing Jackson v. Virginia, 443 U.S. 307, 318-19, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)).

At trial, the prosecution presented testimony of nine men who had served as deputies under the defendant. Transactions between the defendant and three of these deputies--Lefebvre, Riccitelli, and Holston--were the basis of the defendant's conviction. These three consistently testified that the defendant expressly and impliedly indicated that their job security depended on their making contributions to the defendant's reelection campaign.

Lefebvre, a full-time deputy, testified that, after voluntarily contributing $50 to the campaign, he was approached by the defendant for an additional $100. According to Lefebvre, the defendant "told me that he was fighting for his political life; there was a lot of qualified deputies out there; he wasn't going to favor someone who didn't support him.... He said, 'Those who support me will be with me in November. Those who don't won't.' " Lefebvre further testified that, after further solicitations, he tendered a check for $100, that he had felt coerced into making the payment, and that it had been made involuntarily.

Riccitelli joined the sheriff's office as a part-time deputy during the campaign. Riccitelli testified that at the job interview he expressed an interest in obtaining a full-time position. According to Riccitelli, the defendant stated that there would be only one such opening, that three or four deputies were competing for the position, and that "[w]hoever gave him the most money would get the job." Riccitelli testified that he had appreciated the defendant's frankness: "... that night when I got home and told everyone I got hired, I gave the guy credit. He was right up front about it, that I was going to have to pay for my job if I wanted it...." Riccitelli testified that the defendant solicited $2,000 to $3,000 from him, using as incentives both the carrot of a full-time position and the stick of fewer part-time assignments. Verified contributions of $400 by Riccitelli supported the conviction.

Holston interviewed with the defendant during the campaign for a full-time position. He testified that the defendant informed him at the job interview that the defendant "was requiring or asking all the deputies working there for a $100 donation," and that appointment to a full-time position depended on contributing to the defendant's campaign. According to Holston, the defendant "said he couldn't guarantee that the position would be available, but he said the more that I put into it or the more that I support or did for him, the better off that I would be in getting that position." Holston testified that he subsequently paid the defendant $100 in two $50 cash installments and that he believed that contributing to the campaign was a prerequisite to obtaining a full-time position.

The credibility of the testimony of Lefebvre, Riccitelli, and Holston was bolstered by the testimony of five other officers with the sheriff's department. Deputy Hardy testified that the defendant in soliciting campaign funds from him stated, "Your overtime could be shut off like a faucet." Deputy Lunden testified that the defendant had indicated to him that the extent of Lunden's support in the campaign would influence Lunden's professional future with the sheriff's office. Captain Place testified that the defendant assigned part-time work on the basis of who contributed to the campaign. Deputy Thomas testified that a conversation with the defendant had left him with the impression that his contributions to the campaign would determine his work assignments from the defendant. And Deputy Baber testified that the defendant had informed him that his future with the sheriff's office might depend on whether he contributed to the campaign.

At common law, extortion "consist[ed] of the corrupt taking of a fee by a public officer, under color of his...