Newport
Thomas Mauzy, 45, who was found guilty by a district court judge of indecent exposure and lewdness in May, had appealed his conviction, which paved the way for him to take a plea deal in Sullivan Superior Court on Thursday.
His attorney, Richard Guerriero Jr., of Keene, N.H., said there was a risk Mauzy may have had to register as a sex offender if he didn’t appeal, or if he proceeded to a jury trial in the case. The district court judge had found him guilty of several counts of indecent exposure and lewdness during a bench trial, and he would have had to go to trial on those charges, and others.
The plea deal may also clear the way for Mauzy to regain his ability to work as a school guidance counselor, Guerriero said.
As it stands now, one of his special court conditions indicates he can’t work in that capacity. A second condition, however, states that he must undergo a mental health evaluation.
If the evaluator finds that Mauzy shouldn’t be prohibited from working as a school guidance counselor, he may petition the court to strike the condition.
“We are willing to accept this … Mr. Mauzy is 45 years old. He has a master’s degree. Many families in this community have benefited from his effort working in public schools. He is a good person,” Guerriero said before Sullivan Superior Court Judge Brian Tucker imposed sentence. “In almost every way, this is just a horrible, unfortunate thing that he is trying to get through.”
Mauzy will report to the Sullivan County House of Corrections on Monday to serve 30 days of a 12-month sentence. If Mauzy hadn’t appealed the bench trial conviction, he wouldn’t have served any time; the district court judge sentenced him to a 12-month sentence, all suspended.
Once released, Mauzy will be placed on probation for two years, something he can move to terminate early if the Department of Corrections feels that is appropriate.
Assistant Sullivan County Attorney Justin Hersh read aloud the facts that officials said supported the basis for the disorderly conduct charge in court.
Among them are that Mauzy on Dec. 18, 2015, created a situation that was “hazardous” when he exposed his genitals through a window in a manner that a person was able to see him, and that after a “request to stop,” his behavior continued.
Mauzy’s Thursday court appearance was his second time in the Newport courthouse this week. He was slated to take a plea agreement on Monday, but the offer was dropped without explanation.
Mauzy’s case began in December 2015 when his accuser, Viva Hilgerson, went to police and said Mauzy had intentionally stood naked in front of his apartment’s bedroom window on several occasions and exposed himself to her as she left for work.
Mauzy initially contended he did nothing more than get dressed for work in his bedroom each morning. In addition, he responded to the accusations by making one of his own in March: that Hilgerson and her coworker, Charles Ferrell, violated state privacy laws. She took a video of Mauzy and Ferrell shined a light on him while he was inside the privacy of his own apartment, according to documents filed in his court case.
Although Mauzy pleaded no contest and a judgment of guilty was entered by the court, Guerriero on Thursday said his client doesn’t agree with many of the facts that Hersh would have presented to a jury.
Hersh said several factors went into the plea agreement, including that Mauzy didn’t have a prior criminal record.
Hersh acknowledged that the district court convictions had the potential to “significantly impact Mr. Mauzy’s life,” versus the deal that went through on Thursday.
Hersh also said Hilgerson was supportive of the agreement. She wasn’t in court on Thursday.
Mauzy no longer lives in the Sunapee complex, nor does he work at Newport Middle High School. He resigned at the end of the 2015-16 school year.
Jordan Cuddemi can be reached at jcuddemi@vnews.com or 603-727-3248.