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State trooper resigns to avoid charges

July 30, 2020
CONCORD — Attorney General Gordon J. MacDonald announces that an investigation has been completed into allegations made against James Callahan, a former New Hampshire State Police Trooper.

On Feb. 20, the New Hampshire State Police reported to the Attorney General's Office an allegation that Mr. Callahan may have engaged in criminal conduct in connection with a Jan. 4 incident in Madison. Specifically, Mr. Callahan, while on-duty and conducting an investigation, was alleged to have falsified date information on a DSSP 20 Lab Transmittal Form.

That allegation was thoroughly investigated and reviewed by the Office of the Attorney General. During the course of the investigation, evidence was also discovered that Mr. Callahan had made false statements in a portion of his official report concerning the Madison investigation. In particular, Mr. Callahan had not been truthful about where a K-9 drug-detection search had occurred.

That underlying matter, State v. Timothy Owen, remains pending in the Carroll County Superior Court, where the defendant is charged with counts of reckless conduct and criminal mischief. No drug charges were filed.

Based on its investigation, the Office of the Attorney General has concluded that there is probable cause to bring two charges of unsworn falsification (RSA 641:3), both misdemeanor offenses, against Mr. Callahan. However, because of the defenses available to Mr. Callahan stemming from inconsistencies in witness statements and reports, the Office of the Attorney General concluded that the State would have difficulty prevailing at trial in this matter.

Under these circumstances, and in the interest of justice, the Office of the Attorney General and Mr. Callahan have reached a resolution. Mr. Callahan agreed to resign from his position as a Trooper with the New Hampshire State Police, effective July 14, agreed to forfeit his certification as a police officer in New Hampshire, and has agreed not to seek recertification in the future. The Office of the Attorney General has agreed that it will not bring charges against Mr. Callahan.

The Office of the Attorney General's file in this matter will remain open for a period of two years to monitor Mr. Callahan's adherence to the terms and conditions of the agreement, at which time the Office of the Attorney General will close the matter with no further action. In the event Mr. Callahan does not abide by the terms of the agreement, the Office of the Attorney General may bring forward the criminal charges against Mr. Callahan. Given this resolution, the Office of the Attorney General will take no further action at this time in this matter.

The Attorney General's Office investigates and prosecutes crimes involving the public integrity of state officials, including members of the New Hampshire State Police. Senior Assistant Attorney General Geoffrey Ward, Chief of the Criminal Justice Bureau, and Assistant Attorney General Nicole Clay led the Office's efforts in this matter.

Town of Brookfield
Varney Smith
Martin Lord & Osman
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