Bernier arrested in stalking of Milton police officer

Michael Bernier's public defender makes a point to Judge Susan W. Ashley during Tuesday's hearing at Rochester District Court. (Harrison Thorp photos)

ROCHESTER - The former Milton selectman candidate who was expected to be in court on Tuesday to stand trial in a January criminal threatening case was instead arrested on two stalking charges for being in close proximity and talking to a Milton Police Officer with whom he was supposed to have no contact except for official police business.

Michael Bernier, 48, of Felker Drive, who garnered about 30 percent of the town vote in elections last month, entered a plea of not guilty on the two stalking charges and was bailed on $2,000 personal recognizance.

A prosecutor from the Strafford County Attorneys Office and Milton Police Cpl. Andrew Magargee confer as Michael Bernier sits, background, in the lobby of Rochester District Court on Tuesday.

Prior to ruling on the bail, Bernier through his public defender asked that District Court Judge Susan W. Ashley recuse herself because he had had dealings with her in Family Court. Ashley denied the request, saying judges often hear cases on criminal defendants whom they have heard in court before. Additionally, she said she didn’t remember Bernier.

Bernier’s two criminal threatening charges and single disorderly conduct charge stemming from two separate incidents were all continued.

Bernier, dressed in faded blue jeans and a multi-colored rugby jersey, arrived at court and was immediately detained. Milton Police Cpl. Andrew Magargee, the officer with whom Bernier was to have no contact, arrived shortly thereafter and spoke with prosecutors.

Bernier was led to a seat behind a small metal chain where Strafford County House of Corrections prisoners sit when attending court hearings.

Michael Bernier is advised by his public defender prior to Tuesday's hearing.

State prosecutors told Ashley that Bernier had walked up to and talked to Magargee twice inside or near the Emma Ramsey Center on the afternoon of March 11 while he was off duty and in street clothes.

In earlier bail conditions in connection with a Feb. 2 arrest Bernier was prohibited from having any contact with Magargee except on official police business. After his arrest on disorderly conduct following a neighbor dispute Bernier allegedly threatened Magargee in the cruiser and later as he was being booked at the Strafford County House of Corrections.

Bernier faces a year in jail if convicted in a Jan. 1 incident in which he allegedly criminally threatened a family member.

Then on Feb. 2 Milton Police were called to a disturbance at the corner of Felker Drive and Jackson Street. When they arrived they found Bernier in an altercation with a neighbor, and after investigating the incident, Bernier was charged with disorderly conduct, Milton Police Chief Richard Krauss said last week.

Krauss said the criminal threatening charge stemming from the February incident is for threatening remarks and gestures Bernier is alleged to have made to Magargee, including making a “throat slashing” gesture and mouthing “you’re dead” as he was being booked at Strafford County House of Corrections.

Milton Police Cpl. Andrew Magargee, center sitting, listens during Tuesday's hearing.

Bernier, a 10-year Air Force veteran, denies making the gesture and says if he were angry at the officer it should have for the most part been overlooked since it was only a normal reaction after he says he was wrongly arrested.

He said during the altercation with the neighbor he had been punched in the face, but was never offered medical care. He also said he had to spend the weekend in jail in a filthy cell with no heat. He said longtime police harassment by Milton Police has effectively deprived him of his rights.

Bernier last week said he had been in contact with the State Attorney General’s office and a letter had been sent to Krauss asking for his explanation of the incident that day and also stating Milton Police were to have no contact with Bernier except for official business.

Krauss, however, said he had received a letter from the Attorney General, but that it only apprised him of Bernier’s letter “for whatever action I may deem appropriate,” the chief said. He said it did not ask for an explanation of the incident from the department.

Krauss also said there was no mention of any “no contact” order within the letter and that it was Bernier – as part of his bail release – who was told to have no contact with the arresting officer of Feb. 2 except as for official police business.

Krauss last week said Milton PD have had “prior contact with Mr. Bernier for several years.”

Bernier will stand trial on all five counts in June in Rochester District Court.