Defamation complaint reopened due to ‘new’ allegations and sent to state police; Infantine hit with restraining order

MANCHESTER, NH – A police investigation into Ward 6 Alderman Crissy Kantor’s allegation that a private citizen criminally defamed her has been reopened and turned over to state police after Manchester police received new allegations and information.

And as a result, the woman Kantor accused of defamation has taken legal action of her own.

Manchester Ink Link learned of the reopened investigation last week after a 91-A Right-to-Know request, filed Sept. 23, 2024, was denied. Prior to that request, Manchester Police Lt. Thomas DuBois had emailed Rosanna McMahon, the person Kantor accused of criminally defaming her, saying that the investigation was complete and the criminal defamation complaint filed by Kantor against her was “deemed unfounded.”

On Oct. 1, Lt. Jared Yaris, who handles all 91-A Right-to-Know requests for the Manchester Police Department, denied Ink Link’s request for a copy of the investigative file saying that it had completed an “initial investigation” but that new “information as well as allegations have been brought forward.  As a result, the case has now been reopened for further investigation and conflicted out to the New Hampshire State Police.”

Yaris did not detail what the new information and allegations are, nor did he explain the conflict.

“All records are being withheld at this time pursuant to Murray v. State Police, 154 N.H. 579 (2006), said records were compiled for a law enforcement purpose and their disclosure could reasonably be expected to interfere with enforcement proceedings, in particular, the now active investigation being conducted by NHSP,” he wrote.

In a second email dated Oct. 2, 2024, Yaris said that while Ink Link had information the investigation was complete, that didn’t mean “all reports are complete and that the case is available for release. All reports created at Manchester Police must go through an approval process by supervisors within the division the cases are assigned. In this case the reports had not been reviewed or approved until the above date. Investigations can be fluid and this would be the case with the records that you requested. This is now an active investigation which has been conflicted out to State Police.”

Meanwhile, McMahon, the subject of Kantor’s investigation, has taken legal action of her own.

She says enough is enough when it comes to harassment from elected officials, who she believes have targeted her simply because she has raised questions about their conduct.

Last Friday McMahon filed a complaint with police against Will Infantine, who with Alderman-at-Large Joe Levasseur, co-hosts the Will and Joe Show on the city’s public television station. Levasseur is also representing Kantor as legal counsel.  Two days earlier, on Wednesday, Sept. 25, 2024, on their show Levasseur said, “I didn’t put your picture up, Rosie. You’re welcome. You’re welcome, dear.”

That was a reference to a past incident in which McMahon filed a complaint against Levasseur for projecting three large photographs of her behind him and Infantine as they aired their program. The photos were copyright protected and, as a result of her complaint, Levasseur was placed on probation for a year.

On that same broadcast, Infantine says, “Hey, Rosie, we’re packing.”

Restraining Order Granted

McMahon took that as a threat.  She said it’s not the first time “those guys have sent threats my way.”

On Oct. 3 McMahon requested and was granted a temporary protection order against Infantine in Manchester District Court by Judge Kimberly Chabot. McMahon cited several examples of comments and perceived threats made during by Infantine during recent broadcasts of the Will and Joe Show.

“I just can’t stay silent. Being targeted and even threatened on TV has gotten to be too much, and they’ve gone too far for too long, all because they wanted me to be quiet,” McMahon said on Thursday.

Infantine must appear in court Oct. 29 for a hearing, and according to the paperwork, any guns and ammunition he owns must be turned over to police.

Clip from Sept. 25 Will & Joe Show.

McMahon believes that she has been targeted of late because of a complaint she filed a year ago asking for a review of Kantor’s actions in going to the Engagement Center to retrieve information about the homeless people staying there.

Kantor in her request to Manchester Police claiming “criminal defamation,” alleged that McMahon called her a thief and accused her of stealing a binder containing Personal Identifiable Information (PII) on guests at the 39 Beech St. shelter – now known as the Engagement Center – in August of 2023.

In October, 2023, McMahon sent an email to the aldermanic board asking the city’s Conduct Board review Kantor’s actions in obtaining personal information on guests at the Beech Street shelter. McMahon initially alleged that Kantor went to the shelter and left with a binder containing individuals’ names and beds to which they were assigned.  Human Resources Security Manager Kevin Kincaid was asked to investigate her complaint.

McMahon was told the complaint had to be notarized to be accepted, and she edited that email, omitting the information about the binder, she said.

Prior to McMahon filing her complaint, an investigation into the incident already was underway.

Manchester Fire Chief Ryan Cashin in August 2023 notified the Solicitor’s Office that Kantor had obtained PII of guests at the shelter. On Aug. 8, 2023, the Solicitor’s Office asked Human Resources Security Manager Kevin Kincaid to investigate the allegation.  Interviews were conducted of several witnesses, including employees of Maxim, the company staffing the shelter.

kincaidinvestigation.docxDownload

Based on that investigation, the city solicitor in January 2024 wrote that a “reasonable person could conclude that Alderwoman Kantor obtained a bed list sheet containing PII of guests of the shelter.  Apparently, Alderwoman Kantor requested the list, and a Maxim Health employee emailed it to her.  In August 2023, Maxim’s policy permitted such release to government officials.” The report also said there was no evidence which a “reasonable person could conclude that Alderwoman Kantor disclosed to a third party the confidential information provided by Maxim.  Absent evidence of such a disclosure, we find no violation of Section 9.03(c) of the Charter.”

The investigation, however, also found that the state’s privacy laws should have prevented Kantor from obtaining the information.

The report summarized Kincaid’s investigation. Ink Link obtained Kincaid’s report.  It said that not only did Kantor receive information in an email, she also photographed the sign-in sheet. When Cashin contacted Kantor and asked her to return the information or destroy it, she declined, according to the investigation.

According to his report, the incident took place on the morning of Sunday, Aug. 6, 2023. Kantor, accompanied by Amanda Robichaud of Gatehouse Treatment, entered the shelter.  Kantor brought some refreshments for the guests and began asking general questions about how many people were there, how long they were there and what was the plan to transition them from the shelter.

The shelter at the time was staffed by Maxim.  An employee, whose name is whited out in the report Ink Link received, said the shelter was acting as an emergency shelter only and would be transitioning to the engagement center in the future.

Kantor, identifying herself as an alderman, asked to see the guest sign in sheet.  The employee showed Kantor the log and Kantor took some photographs and requested the employee email her the sign-in sheet.  The employee complied.  The list emailed  had information on guests from February to April 2023.  It contained statistics on how many people were at the shelter as well as the date they arrived; their full name; date of birth; gender; contact telephone number; any reportable medical issues; needed accommodations, and what type of services they needed.

The list showed there were 125 men and 44 women in the shelter during that time.  It also asked guests questions regarding any medical issues or specific health concerns they had.

Kincaid contacted Levasseur, who is Kantor’s attorney.  Levasseur said he would speak with Kantor and asked Kincaid to provide him the questions for Kantor.  Kincaid emailed him a list of questions, as follow:

• Did you receive any documents from staff at the shelter at 39 Beech St. that contained personal identifiable information?
• If so, what was the purpose for obtaining this information?
• Did Chief Cashin ask you to return the documents from 39 Beech St.?
• Did you share any of the information from those documents with anyone else?
• Were you aware that information you obtained contained personal identifiable information?

Kincaid  later contacted Levasseur regarding his questions and asked if Kantor would meet with him or answer the questions.  Levasseur said his client did not wish to speak with him and he would send an email reply.

Levasseur emailed him a copy of the most recent version of a complaint from a resident (presumably McMahon), Kincaid said in his Dec. 15 2023 report.

Levasseur also wrote: “My client vehemently denies stealing any binder, or anything else for that matter out of 39 Beech Street.  Anyone who suggests otherwise is a liar: and anyone who makes further public statements otherwise will face litigation or possible criminal action.”

He did not answer any of Kincaid’s questions.

The shelter bed sheet list, which the employee emailed Kantor, contained additional information and questions including the date of admission; time of check in; mobility or health issues; what is needed for health issues; items for storage.  It asked the guest if they felt safe; services they would like to be connected to; any known food allergies, and if they are comfortable with shelter rules.

The employee told Kincaid the conversation with Kantor was very cordial.  “She did feel a little uncomfortable with some of the questions,” he wrote.  Kantor and Robichaud left a short time later.

The employee said after they left, she notified her supervisor, Jake King, the shelter manager.  The employee was told that she could only release information to Fire Chief Cashin and the homeless director Adrienne Beloin. The employee told Kincaid no documents or folders were taken, only photographs.

Cashin said when he learned of the release of the information, he contacted Kantor and asked her to return or destroy the information as it was “protected information.”  According to Cashin, Kantor declined, Kincaid wrote.

Ink Link reached out to Kantor for comment but received no response.

King told Kincaid their policy was to only release this type of information to government officials.  He said the intention was that only Cashin or Beloin would receive it.

McMahon said she obtained the information, concerning what Kantor allegedly did, in good faith from an alderman, who she declined to identify.

At this point McMahon said she is doing what she has to do to protect herself.  In her restraining order she writes, “I believe that there is an immediate and credible threat to my safety. State representative William Infantine’s public statements, specifically mentioning firearms and where I live, have caused me extreme fear and anxiety.”