Oct 30, 2014
Oct 2, 2014
Sep 25, 2014
Sep 18, 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
- Manchester Crimewatch: Man has excuse for missing court in Conway - he was in jail - 0
- Claremont man charged with arson in May fire - 0
- Former Farmington fire chief waives arraignment on theft charges - 0
- $50k bail for two charged with beating pizza delivery man - 0
- Latest round of riot arrests includes 5 Keene State students - 0
- Suspected Pa. cop-killer Eric Frein taken into custody - 0
- Anonymous tip leads to arrest of moose poacher - 0
- Man facing robbery charges sentenced on probation violations - 0
- Victim in Hampton pedestrian crash files lawsuit against driver, town and state - 0
READER COMMENTS: 0
- NHIAA Cross Country: Moskowitz, Kimball primed for Meet of Champions battle - 0
- Salem coach Rich has seen playoff runs from both sidelines - 0
- Monarchs' Schultz leads by example - 0
- Manchester Marathon day to draw about 1,700 runners - 0
- Roger Brown's First and 10: Londonderry vs. Salem is a playoff contest - 0
- Another View - Jeanne Shaheen: What it means to put New Hampshire first - 2
- Another View -- Scott Brown: To change direction, we need to change senators - 6
- Patricia LaFrance: For Hillsborough County Attorney - 1
- Misleading women: Does Kuster think they're bad at math? - 5
School's out for voters
Manchester pub crawl leads to arrest of four
- 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