Judge rejects former Senator Woodburn's latest request to avoid prison sentence

By NANCY WEST, InDepthNH.org,

LANCASTER – Judge Peter Bornstein has denied former Democratic Sen. Jeffrey Woodburn's request for a modified sentence and ordered a hearing to impose a 30-day jail term, but his attorney, Mark Sisti, said his client is not giving up at this point.

Sisti said Coos Superior Court has not yet set a date for a sentencing hearing, but if Woodburn, who lives in Whitefield, cannot prevail and avoid prison time, he will file another appeal.

“We have no concerns about appealing to the Supreme Court,” Sisti said on Thursday.

If this happens, it would be the third time Woodburn has been tried in Supreme Court for domestic violence convictions, following the conviction of Woodburn's then-fiancée Emily Jacobs over six years ago.

The only two convictions stemming from the 2017 events for which a sentence is pending are convictions for criminal damage, offense A, without any violent character and without allegations of bodily harm, Sisti previously wrote.

They were committed because they kicked the door to Jacobs' dryer and the door to her apartment.

Woodburn was either found not guilty on several counts of domestic violence or had the charges dropped after a jury failed to reach a verdict in a second trial. The two criminal damage convictions are the last in the case.

Attorney General John Formella said Thursday: “The original sentences imposed on Mr. Woodburn for criminal damage were carefully considered and were consistent with the facts and circumstances of the case. This outcome reflects our commitment to upholding the rule of law and ensuring that all convictions are handled in a manner that respects both the victims and the integrity of the judicial process.”

Bornstein wrote in Thursday's order that Woodburn's request for a reduced sentence was “extremely untimely.” He had waived any right to a reduced sentence. There was no legal or factual basis for granting a reduced sentence. And even if the court considered it, it would deny it because his sentences for malicious damage to property reflected all relevant facts and circumstances and appropriately balanced and furthered sentencing goals.

Earlier this month, Sisti filed a motion arguing that the 30 days his client was sentenced to “should be adjusted to reflect the current reality, namely what charges and convictions exist in 2024 that did not exist at the time of the original sentencing.”

Sisti wrote: “The court now has before it two minor property crimes committed by a man who had no previous convictions either before or after the crimes.

“Given the history of this case and the character of Jeffrey Woodburn, kicking in a dryer door and an apartment door hardly requires actual incarceration,” Sisti wrote, attaching several character letters praising Woodburn, including one from his psychiatrist, one from an ex-wife and one from his current girlfriend.

“No other person with Jeff Woodburn’s characteristics facing a first offense would be sentenced to prison,” Sisti wrote.