Nov 6, 2014
Oct 30, 2014
Oct 2, 2014
Sep 25, 2014
Inmate seeks dismissal of charges he impersonated lawyer calling another jail
John Bouraphael, 33, of Danville faces charges of identity fraud for allegedly posing as a public defender last June while calling another county jail. (JAMES A. KIMBLE/FILE PHOTO)
John Bouraphael, 33, is facing identity fraud charges for allegedly impersonating public defender Anthony Naro last June 1 and having his girlfriend, Shayna Provencal, facilitate a third-party phone line so he could trick corrections officers into patching the call through.
Bouraphael allegedly used the lawyer's PIN number, or New Hampshire Bar number, to identify himself as Naro, according to prosecutors. Judge N. William Delker rejected Bouraphael's argument that prosecutors provided the wrong information to the grand jury when he was indicted in January.
But now Provencal is arguing that her boyfriend's third-party call from one jail to another does not qualify as a crime under the identity fraud law. Her court-appointed lawyer, Patrick Fleming, filed a motion making the argument Tuesday. He argued that Provencal played no role in aiding Bouraphael with obtaining Naro's personal information.
Fleming also said in his argument that Bouraphael would have had to obtain "money, credit, goods, services or anything else of value" to have committed identity fraud.
Prosecutors have yet to respond to Fleming's court motion, but new indictments against the couple were obtained last month in an effort to head off any legal challenges prior to trial. Delker, in a brief decision in Bouraphael's case, said that the defense's argument "amounts to a factual dispute about the allegations."
"The purpose of a jury trial is to determine whether the evidence presented supports the allegations in the indictment," Delker added.
Bouraphael and Provencal are facing Class A felonies, punishable by up to 7 ½ to 15 years in state prison. Prosecutors say Bouraphael had called fellow inmate Jacob Palo to talk about their enterprise of strong-arming fellow inmates out of their canteen goods. Bouraphael was facing drug charges at the time and has since pleaded guilty in that case.
Before being separated, Palo and Bouraphael were both being held in the same jail in Brentwood.
READER COMMENTS: 0
- Judge OKs early release for former teacher convicted of possessing child porn - 0
- Nashua man indicted for allegedly shooting girlfriend - 0
- Manchester 7-Eleven robbed for fourth time - 0
- Manchester couple faces robbery, theft charges after Salem mall incident - 0
- Chainsaw-wielding man facing multiple charges over Sept. incident - 0
- Woman faces assault charge after Monopoly game gets out of hand - 16
- Plea deal gives shooter 15-30 years in 2012 death of Manchester man - 0
- Missouri governor urges calm ahead of grand jury decision on shooting; findings to be announced at 9 p.m. - 0
- Two Manchester brothers indicted in Nashua drive-by shooting - 0
READER COMMENTS: 0
- Dave D'Onofrio's Patriots Notebook: It took a while, but now they're on Wright track - 0
- Newmarket blacksmith has forged a career shaping the elementsof steel - 0
- Kathy Sullivan: We need to rethink some of our county government positions - 0
- Pipes and plans: A chance to show up Mass. - 0
- H.S. Football Power Poll: No doubt - Astros finish on top - 0
- College Hockey: Wildcats home to RPI on Tuesday night - 0
- Manchester school board OK's contract for driver’s ed program - 0
- Unrest erupts after grand jury decides against charges in Ferguson, Mo., shooting - 3
- Malkin, Crosby foil Bruins in overtime - 0
Clinton has 'historic' lead in poll
Sources say former White House Chief of Staff Andy Card to be tapped as Franklin Pierce president
Tough task for NH budget writers
Pipes and plans: A chance to show up Mass.
Teacher 'thrilled' at being reinstated
Paul, Christie share lead in primary poll
NH senators react to Hagel resignation
- Whom do you think bears the brunt of the blame for the mayhem this weekend in Keene?
- KSC students
- KSC administration
- Visitors from out of town
- A combination of any/all of the above
- Total Votes: 2483