Sunapee
Tucker’s one-page ruling said the “evidence presented no instance of unwarranted contact — direct or indirect, real or threatened — that justifies a restraining order.”
“The subjective views of the Furlongs are not enough to support issuing the order. The complaint is dismissed,” Tucker wrote in his ruling.
The decision came one day after a three-hour Superior Court hearing where Heather and Joseph Furlong, acting as their own attorney, presented testimony that they said demonstrated a pattern of threats and intimidation by Cahill.
The Furlongs claimed Cahill had unfairly charged Joseph Furlong with forgery and other misdemeanors related to an altered email that unfavorably portrayed a candidate for an open seat in the 2016 Sunapee School Board election. Heather Furlong also was vying for the position. She eventually won the seat, but resigned shortly after her husband’s arrest.
The Furlongs alleged Cahill pressured Joseph Furlong admit to sending the email and that Cahill was verbally aggressive toward Heather Furlong during a visit to the Furlong home earlier this year.
On the stand on Thursday, Cahill flatly denied the Furlongs’ allegations.
Tucker noted there has been no interaction between Cahill and the Furlongs since March, when the chief went to their home as part of a criminal investigation in the course of his “official duties.”
The charges against Joseph Furlong were dismissed last month because the statute of limitations had expired. The New Hampshire Attorney General’s Office, which is prosecuting the case, has asked a district court judge to reconsider that decision.
Tucker also denied a request to add a stalking order of protection and referred it to district court, which is where such requests are handled, he told the Furlongs in court.
In an email on Friday, Joseph Furlong said he understood the ruling was “within the requirements which limit the issuance of a restraining order against an individual in the state of New Hampshire,” but was nevertheless pleased he and his wife had their day in court.
“Although we were not able to prove that we met the threshold of contact to warrant a restraining order against David Cahill, we can say positively, we were heard. For this we are grateful. We will not hesitate to use other resources if we feel the actions by David Cahill, which substantiated our complaint, persist,” Furlong said.
He went on to urge Cahill to “ensure the voice and dignity of all persons are recognized when complaints are made to the Sunapee Police Department” and said that such complaints, “especially those involving persons in fear, should be recorded.”
One of the arguments the Furlongs made in court was that reports were not written when they made complaints to the department about the chief and others.
“We also hope such complaints are handled with as much inquiry and respect as we saw yesterday in the courtroom. We implore David Cahill to rededicate himself to fair and dignified investigations. By doing so, he will set a winning example for all,” Furlong said.
Earlier this week, Town Manager Donna Nashawaty said the town would not comment publicly on the issue because it involves personnel.
Patrick O’Grady can be reached at pogclmt@gmail.com.
