Newport — A district court judge has dismissed all charges against a Sunapee man who was alleged to have altered an email that could have affected the outcome of the 2016 School Board election that saw his wife win a seat.

Newport Circuit Court Judge Gregory Michael agreed with a motion from Joseph Furlong’s attorney to dismiss the three misdemeanor charges because the new charges filed in July came after the one-year statute of limitations under state law.

Furlong was alleged to have changed the email in early March 2016, just before the election.

He was charged with six misdemeanors on Feb. 28 this year, including two counts of false documents, names and endorsements and three counts of forgery.

Those charges were effectively dropped on July 11 and three new charges were filed.

Michael said in his Aug. 22 order that the statute of limitations does not “run during any time when a prosecution is pending against the accused in this state based on the same conduct.”

The new charges — in which Furlong was alleged to have “acted in concert with Adam Gaw,” a Manchester resident also charged in the case, does not constitute the “same conduct alleged in the initial complaints,” in which police claim Furlong altered the email.

“Specifically, while the activity complained of by the State is essentially the same, which is the writing of a false document or altering the writing of a document, the new charges specifically state these actions were completed by Adam Gaw,” the judge wrote

Brian Buonamano of the state Attorney General’s Office said officials are reviewing the judge’s conclusion and considering their options, including an appeal.

Michael said in his order that soon after Furlong was charged on March 7, Gaw contacted police and “essentially took responsibility for the defendant’s alleged misconduct.”

In the original affidavit that led to Furlong’s arrest, Sunapee Police Chief David Cahill said he received an email from an “Adam Gaw” claiming responsibility for the altered email. Furlong never states in the affidavit he knows Gaw or spoke to him; those claims come from others interviewed by Cahill.

Furlong also denies knowing who altered the email, which portrayed two School Board candidates on the ballot with his wife in an unfavorable light.

“It should be noted,” Michael wrote, “that Mr. Gaw was identified during the initial investigation of the charges in 2016. The State felt that Mr. Gaw was a ‘person’ created by the defendant to divert responsibility for the alleged misconduct.”

Gaw has been charged with three counts of forgery and two counts of false documents; Buonamano said those charges are still pending.

According to court documents, the events began last March, when an email sent by School Board candidate Janice Bettencourt to a friend was then forwarded by Karin Spanos to several individuals, including Heather Furlong, who was also a candidate for the board. Heather Furlong was not charged, but soon after her husband’s arrest, she resigned from the School Board.

Cahill’s affidavit states the altered email was sent to numerous people attending a basketball game on March 4, 2016, the day before Donald Bettencourt went to police.

“According to Janice Bettencourt, the altered email caused an immediate backlash against her and her husband, evidenced by emails that she received,” Cahill wrote.

The affidavit states that Jody Manson, who sent the original email and also spoke to police, said Spanos told police she discussed it with Joseph Furlong, “where he admitted to altering the email message.”

In a phone interview on Wednesday, Joseph Furlong denied ever telling Spanos that he altered the email.

He declined further comment given the charges remain under review.

Patrick O’Grady can be reached at pogclmt@gmail.com.