Mistrial declared in sexual assault case of former YDC worker
By Alanna Flood
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MANCHESTER, New Hampshire (WMUR) — A New Hampshire Superior Court judge declared a mistrial Tuesday in the criminal case against Jeffrey Buskey, a former Youth Development Center employee charged with dozens of counts of sexual assault.
Judge William Delker made the ruling following an emotional morning of testimony. The decision came after a key witness for the prosecution alluded to alleged sexual assaults committed by YDC employees other than Buskey.
Delker determined that the outside abuse allegations should not be heard by the jury. He concluded that a second round of instructions to disregard the testimony would not be effective enough to correct the error.
“I am forced to declare a mistrial in this case,” Delker said. “I just don’t think further curative instruction is going to be effective to unring the bell a second time.”
Buskey faces 21 counts of felonious sexual assault stemming from his employment at the Manchester-based Youth Development Center during the 1990s. He has pleaded not guilty to all 21 charges.
The defense’s motion followed testimony from Buskey’s accuser, David Meehan, who has previously testified in separate cases against other YDC employees. Meehan was previously awarded a $38 million settlement in a civil lawsuit against the state related to the abuse allegations, though that amount was later reduced to $475,000.
News organizations typically do not share the identities of sexual assault victims, but Meehan has been publicly outspoken about his experience.
Assistant Attorney General Thomas Velardi explained that the state will review its options moving forward now that the initial trial has been halted.
“In this instance, the judge found that some of the evidence that came in should not be heard by the jury,” Velardi said. “So, when the judge believes such evidence does come in and there’s not an adequate way to instruct the jury to disregard it, the judge believes he must declare a mistrial.”
Velardi noted that the state can pursue the charges again.
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