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Claremont Dispatcher’s Sexual Assault Charge Dropped, But Case Not Yet Closed



Friday, May 01, 2015
Claremont — An aggravated sexual assault charge against a former Claremont police dispatcher has been dismissed by a Sullivan County Superior Court judge, but the investigation remains active and the assault charge and two others could be brought forward again.

The order was signed by Judge Brian Tucker on April 17.

“This does not mean the case is over,” said Richard Guerriero, the attorney for James Boisclair. “The charges were dismissed without prejudice, and that means the state could still charge him.”

Boisclair, 54, of Claremont, was alleged to have assaulted the victim once in 1998 when she was a child and again in 2012. He was arrested last July and charged with both aggravated sexual assault and incest. The police department first placed Boisclair on administrative leave before he resigned a short time later. He has been free on $25,000 personal recognizance since September. Guerriero said his client’s bail no longer applies.

“These charges should be dismissed,” Guerriero said. “He is innocent.”

Sullivan County Attorney Marc Hathaway said Thursday afternoon that Tucker’s order was related to the time element required to bring forth an indictment but does not alter his office’s investigation.

“We are still reviewing (the charges) and doing exactly what we did in the past,” Hathaway said. “This does not impact at all what we are doing.”

Late last year, an agreement was reached to extend the deadline for a grand jury indictment to mid-January.

The reason given for the extension was to allow for “securing certain medical and/or psychiatric records, associated with the complainant, in anticipation of requesting this Court conduct an in camera interview,” according to court documents.

Such private proceedings are conducted in a judge’s chambers.

Neither Hathaway nor Guerriero would discuss any details of the investigation nor predict when a resolution would be reached.

At Boisclair’s bail hearing last year, the prosecution said a recorded phone conversation between Boisclair and the alleged victim in which he promises not to hurt her anymore is an admission of guilt.

Prosecutors also claim Boisclair threatened to kill the alleged victim if the allegations ever came to light.

Guerriero has argued that the phone conversation was taken out of context and the state’s primary evidence comes from “recovered memory” therapy when the victim was 22 and it was the first time anyone had heard of the allegations.

Boisclair has been instructed by his attorney not to comment on the case.

Patrick O’Grady can be reached at pogclmt@gmail.com.

Correction

James Boisclair, the former Claremont Police dispatcher who had been charged with aggravated sexual assault before charges were dismissed last month, was placed on administrative leave and subsequently resigned from his dispatching job following his arrest last July. A story in Friday’s Valley News, and a handful of others about the case, incorrectly stated how Boisclair left his job.