2002 New Hampshire Senate Election Phone Jamming Scandal - Trial of James Tobin

Trial of James Tobin

Tobin's trial began on December 6, 2005. The first day apparently went well for the defense, when key prosecution witness Chuck McGee seemed to back away from testimony he had agreed to make in exchange for plea bargains.

McGee's testimony suggested that the DCI Group, a powerful public relations firm which publishes the Tech Central Station website and is closely connected to the Republican party, was involved through lawyer and New Hampshire native Brian McCabe. He also said he had talked to Darrell Henry of the American Gas Association, who said that he would keep the phone jamming going after it was officially called off. Henry, McGee said, had offered to keep the operation going with some volunteers from "the chamber". Since Tobin's superior at the NRSC, Chris LaCivita, worked at the time for the United States Chamber of Commerce, it is possible that he, too, had foreknowledge of the plan. He currently works for Terry Nelson's consulting firm, Crosslink Strategy Group.

Raymond said he'd also run the idea past Kenneth Gross, a former associate general counsel at the Federal Elections Commission, currently a partner in the powerful firm of Skadden, Arps, Slate, Meagher & Flom.

On December 8, Tobin's defense presented two witnesses and rested. They persuaded McAuliffe to drop one charge and narrow the scope of another.

It would be of no avail; a week later the jury convicted him of two counts related to telephone harassment while acquitting him of the more serious charge of conspiracy to violate voters' rights.

In May 2006, prosecutors asked for a two-year prison sentence. They cited three factors: Tobin's abuse of a public and private trust, the making of multiple calls to multiple victims over a prolonged period of time, and the ultimate purpose of interfering with an election. The first two are specifically addressed by the telephone-harassment statute; the latter is not but, the prosecutors said, so egregious an end that it warranted more severe punishment. On May 17, 2006 Tobin was sentenced to 10 months in prison.

The trial left the New Hampshire Republican Party nearly bankrupt, with only $733.60 in its bank account. Later that year, Democratic candidates upset both of the state's incumbent Republican congressmen.