CONCORD, N.H. (AP) — An attorney who played a crucial role in establishing the 9/11 victims' compensation fund, Deborah Greenspan, has raised concerns over the fairness of a settlement program designated for individuals abused at New Hampshire's youth detention center. Greenspan submitted an affidavit as part of a class-action lawsuit aimed at blocking recent changes to the state’s out-of-court settlement fund meant for abuse victims. Her testimony is anticipated at a hearing where the state is requesting the dismissal of the case.
Since 2020, over 1,300 individuals have filed lawsuits against the state, alleging they were victims of physical or sexual abuse during their time in custody, primarily at the Sununu Youth Services Center in Manchester. In 2022, most of these claimants paused their lawsuits when lawmakers introduced a settlement fund touted as a "victim-centered" and "trauma-informed" substitute to litigation, managed by an impartial administrator appointed by the state Supreme Court. However, the process was altered following last-minute amendments to the state budget signed by Governor Kelly Ayotte in June.
The updated law grants the governor the ability to hire and fire the fund’s administrator and empowers the attorney general—also a political appointee—with veto authority over settlement awards. Greenspan argued that this structure significantly undermines the integrity of the settlement process, stating, "It strains credulity" to expect anyone to file claims when the decision-makers are those responsible for their suffering. She emphasized that such a set-up creates a blatant conflict of interest, jeopardizing the settlement's fairness and legitimacy.
In response, Ayotte and Attorney General John Formella sought to prevent Greenspan's testimony, claiming her statements reflect "policy preferences masquerading as expert opinions” without backing her conclusions with thorough reasoning. They contended that the law mandates the appointment of an "independent, neutral attorney" as the administrator and that allowing the attorney general to oversee settlements is essential for giving the public a voice and ensuring responsible public fund management.
As of June 30, nearly 2,000 claims had been submitted to the settlement fund, which imposes a cap of $2.5 million on payouts. Out of these claims, 386 have been settled, with an average payout of $545,000. One claimant reported receiving a $1.5 million award in late July, but he remains anxious as the state has yet to finalize the award, fearing that Formella might veto it. He expressed feelings of betrayal, stating, “I feel like the state has tricked us.” He described his two years at the facility as the hardest times of his life, declaring that he "lost" his childhood during that period.
The claimant remarked that while the settlement process was initially overwhelming, the assistant administrator's kindness and understanding I during their meeting provided comfort. He stated, “I felt really appreciated as a victim and like I was speaking to somebody who would listen and believe my story.” In addition to the settlement fund, the state has settled two lawsuits with agreements to pay victims $10 million and $4.5 million, respectively. Only one lawsuit has proceeded to trial, resulting in a $38 million verdict, although the state is currently attempting to reduce this amount to $475,000.
The state has also initiated criminal proceedings against some former workers at the facility, resulting in two convictions and two mistrials thus far. The 39-year-old claimant, who fears for the future of his award, expressed uncertainty about his capability to endure testifying in a public trial. He conveyed feelings of being victimized by the legal process once more, saying, “It’s basically allowing the same people who hurt us to hurt us all over again.”
