Crime & Safety
Read: Arrest Report for Alleged Police Brutality Victim
It's still unknown why police didn't pursue disobeying a police officer charges after Bergeron's behavior was used to justify their use of force while he was in custody.
Hampton-North Hampton Patch has obtained a copy of the Nov. 11, 2009, arrest report for Michael Bergeron Jr., a Seabrook resident who has accused his police department of violating his civil rights.
Patch asked multiple agencies Wednesday for access to the documents through a request under the state's Right to Know Law. The Seabrook Police Department released the seven affidavit pages and related paperwork Thursday afternoon.
The affidavits, in which three Seabrook police officers characterize Bergeron as unruly, are posted above as a PDF.
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The documents also don't explain why police didn't pursue a disobeying a police officer charge or a related charge due to Bergeron's uncooperative behavior — behavior which served as the basis for the officers' reasoning for slamming Bergeron head-first into a cinderblock wall and using pepper-spray to subdue the then-19 year old while he was already in custody.
The force and alleged police brutality is depicted in surveillance video of the incident, which Bergeron posted on YouTube on Monday.
Seabrook Police Chief Lee Bitomske said Thursday he couldn't answer questions pertaining to the decision to pursue or not pursue certain charges against Bergeron.
"I wouldn't be able to answer that," said Bitomske, who said he hasn't reviewed the case documents. "It wasn't brought to my attention when the [Nov. 11, 2009] arrest occurred. If could answer that I would, but I can't."
Bitomske and other members of the Seabrook Department said any additional information about the case and the prosecutorial approach would have to be released by the New Hampshire Attorney General's Office, which has taken the lead on the criminal investigation into the three officers who allegedly violated Bergeron's rights.
Those officers, Patrolmen Mark Richardson, Adam Laurent and Keith Dietenhofer, are currently on paid administrative leave pending the AG's investigation.
"Other than that, at this point everything is under investigation with the Attorney General's Office," said Bitomske.
Senior Assistant New Hampshire Attorney General Jane Young couldn't be reached for comment Thursday.
Bergeron, now 23, is currently awaiting trial on an unrelated felony burglary charge stemming from an incident in Hampton last summer.
Hampton Police Lt. Dan Gidley said Bergeron allegedly broke into a home in the Dunvegan Woods neighborhood on Aug. 29. Bergeron was indicted for the crime in December, although Gidley said he was unable to disclose further details about the case.
Bergeron was also arrested on three receiving stolen property charges in Dunvegan Woods on Dec. 11, 2009, for allegedly stealing several valuable items from cars in the neighborhood, according to Gidley.
Information about that arrest and other offenses on Bergeron's record can be found here.
Bergeron hasn't answered requests for comment.
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