Former Winchester Police Lt Penny Witherbee, photo from Brattleboro Reformer
Lazy and/or corrupt Cheshire county police have been featured recently in a lengthy article by award-winning journalist Damien Fisher. Fisher tells the complicated story of Donna Pelliccia and her daughter who were targeted by a neighbor, Hayley Philbrick, whose false allegations against Pelliccia and her daughter resulted in Pelliccia thrown in Cheshire County jail on charges that were eventually dropped. All thanks to shoddy police “work” by cops in Troy and Winchester New Hampshire. Winchester is a town known for its deep corruption.
In October of 2020, Philbrick was shopping false claims around to different area police departments, alleging her neighbor Pelliccia threatened her via facebook. She obtained a restraining order against Pelliccia based on the fake account’s messages and then told Winchester police on October 14th that the threats were continuing. Winchester police then requested Troy police to arrest Pelliccia for violating the restraining order. No one from either department bothered to investigate any party’s claims, including Pelliccia’s denial that the facebook account was hers. After successfully jailing Pelliccia for a day, the morning of October 16th, Philbrick went to Keene police and claimed further contact by Pelliccia. However, KPD’s Christina Paterno actually bothered to examine Philbrick’s claims and determined they were easily falsified.
Having had no success with KPD, Philbrick returned to Winchester PD on the same day she visited KPD and made more claims of harassment by the facebook account masquerading as Pelliccia. Winchester PD Lieutenant Penny Witherbee had Pelliccia arrested AGAIN and this time she was held for several days until October 21st. Despite Pelliccia being in jail, Philbrick continued to claim messages were coming to her from the alleged Pelliccia facebook. Lt. Witherbee finally began investigating the source of the facebook messages but started by talking to Philbrick who tried to blame Pelliccia’s daughter. So Witherbee got a warrant and seized Pelliccia’s daughter’s devices to ostensibly search for evidence of the threats or use of the facebook account in question, “pelliccia.donna”. The search and seizure was conducted on Pelliccia’s daughter while Pelliccia was in jail. Pelliccia’s daughter has a neurological condition and autoimmune disorder and can have difficulty walking.
A month after her release from jail, the case against Pelliccia was dropped. Seeking some form of vindication, she complained to the court and Cheshire Sheriff deputy Todd Faulkner was assigned to the case. His investigation over several months determined that Winchester PD never bothered to conduct any examination of the devices they seized, never bothered to investigate Philbrick’s claims before arresting Pelliccia more than once, and Witherbee’s botched “investigation” made it impossible for him to determine beyond a reasonable doubt that Philbrick had indeed created the account and posed as Pelliccia on facebook, though he believed that was the case based on a preponderance of the evidence.
Hayley Philbrick
However, according to Faulkner’s report, over a year later, in January of 2022 Philbrick went to Jaffrey police to claim that Pelliccia’s daughter was sending her threatening text messages via a phone number from a company called TextNow. Since the Jaffrey detective, Jeremy K LeBlanc actually bothered to investigate Philbrick’s claims, he easily discovered that the number from which the threatening messages had originated was associated with a TextNow account registered to Philbrick’s email address! The report filed by LeBlanc says Philbrick had sent him screenshots of the texts from the very same email. He confronted Philbrick with what he’d learned and she denied it, claiming someone was “setting her up”. LeBlanc subsequently arrested Philbrick and charged her with “False Reports to Law Enforcement”, “False Swearing”, and “Falsifying Physical Evidence”. The latter charge is a Class A misdemeanor, meaning Philbrick is facing up to a year in jail on that charge. According to court records, Philbrick has a “competency hearing” on August 9th in Jaffrey District Court.
Witherbee had worked at Brattleboro Police in Vermont from 2002 through 2018 when she resigned and sued the department over alleged sexual harassment, ultimately settling with the town government for a $35,000 payout. Not long after botching the Philbrick/Pelliccia case, Witherbee resigned from the Winchester police. Is she simply lazy and incompetent, corrupt, or all of the above? According to Fisher’s story, Witherbee has been hired again, this time by Chesterfield, NH police.
Skylar, who faced trial for not just “picketing”, but also “disorderly conduct”, and “criminal trespass” earlier this month, has been found “not guilty” on all charges!
It’s an amazing victory and proof that the state’s targeting of the activists protesting at Sununu’s home is so illegal that not even the lowly district court judge can rule in the state’s favor.
At least two other people remain charged with “picketing”, one who was the last of the Nine ticketed in December, and one man charged with it during a “honk brigade” event in 2021. Stay tuned to Free Keene for the latest on the “Newfields Nine”.
The “New Hampshire Nine” are a group of peaceful people who largely didn’t know each other that were arrested in October 2021 at a meeting of the “executive council”. They were arrested on victimless “crime” charges like “disorderly conduct”. Here’s video of their last court hearing where a crazed bailiff threatened “Absolute Defiance” founder Footloose in the lobby with video cameras.
Today, the nine and a courtroom packed full of supporters were back at Concord’s district court for a short status conference. During the hearing, Footloose was charged with additional counts of “disorderly conduct”. Now, in addition to the disorderly charge that kicked off the NH9 arrests, where he was sitting quietly in the audience, they are charging him with ANOTHER disorderly for speaking loudly in protest while he was being arrested. Further, he’s being hit with a disorderly and “breach of bail” for speaking in the hallway at the Legislative Office Building in November.
Stay tuned to Free Keene for more on this developing free speech case.
Recently some busybody reported Jay Noone’s family to DCYF when his wife Shalon allegedly went into a store and left their 2-year-old strapped safely into a carseat with the car running. The meddling family-destroying goons dropped into the Noone’s “Domestead” in Henniker on Friday to try to search the premises. Despite showing Jay a written threat from a robed person, Jay refused to allow them in and wisely recorded the encounter. Stay tuned to Free Keene for updates.
First amendment auditor “Press NH Now” came to Keene this week and stood outside Samson Manufacturing on Optical Avenue, simply recording video in public and had Keene police gang members called on him. Press is experienced at interacting with the cops and doesn’t answer their questions, putting them in their place. Watch the video here:
New Hampshire HB 1682 was introduced by Rep. David Welch (R – Rockingham13) on 1/5/2022, followed by a public hearing on 1/14/2022. The House Committee on Criminal Justice and Public Safety voted that the bill “ought to pass with amendment” and has been referred to the House Finance Committee for further review.
On the Surface It Sounds Great: Hold Police Accountable for Their Actions
The idea of this bill is to establish a committee that’s considered “independent” and separate from local police jurisdictions in order to ensure police officers are held accountable for their actions (or inactions.) According to Rep. David Welch, the aim of the bill is “to establish a single, neutral, and independent statewide entity to receive complaints alleging misconduct regarding all sworn and elected law enforcement officers.” – HB 1682 public hearing, 1/14/2022 – watch here
As outlined in the bill, officers could potentially face the new Conduct Review Committee for a number of reasons, including: if they’ve been convicted of committing a felony, any sentence of incarceration, excessive use of force, driving while intoxicated, moral turpitude (dishonesty, deceit, theft), acts of omission, lying in a police report or criminal proceeding, falsification of records, tampering with or falsifying evidence, racist conduct or statements, etc.
This all sounds great, because of course law enforcement officers should be held accountable for their actions! Which makes me wonder, why aren’t they now?
Policing the Police With Police
There’s already an established Police Standards and Training Council that handles internal reviews in New Hampshire. The new Law Enforcement Conduct Review Committeewould fall under that umbrella, dealing exclusively with misconduct reviews. In recent years the public’s interest in holding police accountable has skyrocketed. Perhaps there are so many cases of police misconduct in the state that they can no longer handle the workload or process them quickly enough.
Since the new Conduct Review Committee would fall under the already established Standards Council, the governor would (again) be appointing its members. The current Police Standards and Training Council consists of mainly a bunch of police officers appointed by Governor Sununu. Since it is the governor who will be appointing members here again, I’m not sure this bill will be as effective as it looks. A politician hand-picking members within the context of “maintaining absolute objectivity” is a farce.
The Law Enforcement Conduct Review Committee would consist of:
Four law enforcement officers appointed by the governor
Three public members with no familial associations to a police officer, lawyer, or judge