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JUDGE RULES FORMER BUSINESS OWNER HAS ‘NO VIABLE’ BASIS TO SUE NHPR

ERIC SPOFFORD FILED LAWSUIT OVER STORY ALLEGING HE ENGAGED IN SEXUAL MISCONDUCT
WHEN HE OWNED GRANITE RECOVERY CENTERS

December 20, 2023
Nancy West-InDepthNH.org,
Eric Spofford sued NHPR over a story they did on him. (Courtesy photo)
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The judge in the defamation lawsuit Eric Spofford filed against New Hampshire
Public Radio for the story alleging he engaged in sexual misconduct when he
owned Granite Recovery Centers said he found no “actual malice” in their
reporting.

Rockingham County Superior Court Judge Daniel St. Hilaire said he therefore
would not turn over to the parties the nearly 3,000 documents detailing NHPR’s
reporting on the March 22, 2022, story after reviewing them confidentially.

Spofford sought the documents to prove “actual malice,” but St. Hilaire found
nothing to back up that claim.

He said the documents “reflect professional and diligent reporting, and are
totally devoid of any evidence that the NHPR defendants had reason to doubt the
truth of their publication.

“While Spofford maintains the accusations against him are baseless and entirely
fabricated,” St. Hilaire wrote that the documents “contain absolutely no
evidence of falsity.

“On this record, Spofford has no viable basis to sue NHPR or their sources for
defamation,” St. Hilaire wrote in his Dec. 13 order.

St. Hilaire deemed Spofford a public official or public figure in this action,
which would require of plaintiffs that “he or she must prove the statement was
made with ‘actual malice’ meaning with knowledge that the statement was false or
with reckless disregard of whether it was false or not.”

Reckless disregard for the truth will be found only where there “is a subjective
awareness of probable falsity. There must be sufficient evidence to permit the
conclusion that the defendant in fact entertained serious doubts as to the truth
of their publication.

“On the contrary Spofford’s assertion of actual malice has no merit as compared
to the depth, detail, and accuracy of (senior reporter Lauren) Chooljian’s
investigation as reviewed by the court,” St. Hilaire wrote.

St. Hilaire said Spofford is still free to amend his original defamation
complaint within 30 days.

However, “absent any new evidence that constitutes a total departure from the in
camera review materials, any amendment will likely be futile,” St. Hilaire
wrote.

Spofford’s attorney Michael Strauss didn’t immediately respond to a request for
comment. NHPR’s attorney Sigmund Schutz declined to comment.

Chooljian’s notes and communications constantly referenced the need to speak to
other sources to provide corroboration and verification of the accusers’
stories, St. Hilaire wrote.

She interviewed dozens of sources for these purposes, St. Hilaire said.

Chooljian was also assisted by senior reporter Jason Moon, editor Dan Barrick
and other members of NHPR staff who were similarly concerned with veracity and
corroboration, St. Hilaire said.

Spofford filed the lawsuit Sept. 20, 2022 in Rockingham County Superior Court
claiming the story and podcast defamed him and damaged his reputation by falsely
claiming he sexually assaulted two former employees and sexually harassed a
client the day after she left treatment. NHPR stood by its reporting.

“On March 22, 2022, NHPR published a hit piece about Eric. The clickbait title
used — ‘He built New Hampshire’s largest addiction treatment network, Now, he
faces accusations of sexual misconduct’ — amounted to a claim that Eric had been
criminally charged for committing sex crimes,” Spofford’s lawsuit claimed.

“From top to bottom, both the article and the podcast falsely state and imply
that Eric sexually harassed one woman (pseudonym, ‘Elizabeth’) and sexually
assaulted two others (pseudonyms, ‘Employee A’ and ‘Employee B’),” according to
the lawsuit. Spofford denied the allegations and was never charged with any such
crimes.

The lawsuit also sued three sources NHPR used in reporting the story.

Spofford was well-known in New Hampshire, especially in the recovery community
as a long-term recovering heroin addict who built the state’s largest addiction
treatment network, which he sold to a Texas-based treatment company in 2021 for
an undisclosed price.

These articles are being shared by partners in The Granite State News
Collaborative. For more information visit collaborativenh.org.

Categories: Law

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