HB 1499 - AS INTRODUCED

1998 SESSION

98-2630

09/01

HOUSE BILL 1499

AN ACT establishing a committee to study the circumstances and investigation of the deaths of Janet and Steven Dow; providing an exception from statutes of limitations for certain unlawful acts related to murders; relative to false reports to law enforcement officers; and nullifying the adoption of Steven Medeiros.

SPONSORS: Rep. Cushing, Rock 22; Rep. Wiggins, Sull 4; Rep. Chase, Graf 6; Sen. Cohen, Dist 24

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes a committee to study the circumstances and investigations of the deaths of Janet and Steven Dow in Thornton, New Hampshire on December 10, 1982.

The bill provides an exception from statutes of limitations for certain unlawful acts related to murders. The bill also expands the types of false reports to law enforcement officers that constitute criminal offenses.

The bill also nullifies the adoption of Steven Medeiros by Richard Dow.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

98-2630

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord One Thousand Nine Hundred and Ninety-Eight

AN ACT establishing a committee to study the circumstances and investigation of the deaths of Janet and Steven Dow; providing an exception from statutes of limitations for certain unlawful acts related to murders; relative to false reports to law enforcement officers; and nullifying the adoption of Steven Medeiros.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Statement of Facts, Legislative Findings, and Intent.

I. The general court adopts the following statement of facts for purposes of this act:

(a) On the morning of December 10, 1982, public safety officials responded to a fiery car crash on route 175 in Thornton, New Hampshire. Inside the car were 2 human bodies burned beyond recognition. A state trooper who arrived at the scene shortly after the fire was extinguished recognized the vehicle as belonging to former New Hampshire state trooper Richard Dow and his wife. The car involved in the crash was new and there were no signs of skid marks on the roadway. The condition of the car and its position off the roadway indicated that the crash was of low impact, one that the passengers could have survived. The fire that consumed the car apparently started from inside the car's passenger compartment, yet there was no evidence of the occupants attempting to exit from the vehicle. Despite the presence of signs of some unusual circumstance for a car crash, the only person interviewed by state police investigators in connection with the fatalities was officer Richard Dow. The bodies in the car were identified by Officer Richard Dow as Janet and Steven Dow, his wife and stepson. Officer Richard Dow provided information that directed police conducting the formal investigation of the situation to conclude that the car crash that killed his wife and stepson was an accident. No autopsies were performed, and the bodies of 40 year old postal worker Janet Dow and 17 year old high school student Steven Dow were cremated within days of their deaths. Officer Richard Dow, as the widower of Janet Dow, was the beneficiary of insurance payments in connection with her death, and to this day receives monthly payments from the federal government as the surviving spouse of Janet Dow.

(b) In 1993, a witness came forward to New Hampshire law enforcement authorities with credible information alleging that the deaths of Janet and Steven Dow were not, as officially concluded, the result of a car accident but were actually homicides, and that former New Hampshire police officer Richard Dow was involved in the deaths and the cover-up of the unlawful killings of his wife and stepson. The allegation was made that police responsible for investigating the death of the wife and stepson of a former fellow officer, for unknown reasons, deviated from standard procedure, in investigating the Dow deaths. The inference of the allegation was that because of Richard Dow's status as a member of law enforcement, Janet and Steven Dow's incineration did not receive the same type and quality of police investigation of a car crash that would be accorded to every other citizen of the state, and the state failed in its duty to provide equal protection of the law and equal justice for Janet and Steven Dow.

(c) Based upon the new evidence and new allegations brought forward, in 1993 New Hampshire law enforcement authorities reopened the investigation into the death of Janet and Steven Dow. Four years later the investigation has now been put into inactive status and the chief investigator assigned to the case has retired. The office of the attorney general has declared that all investigative avenues have now been exhausted, and the state is not in a position to proceed with a charge against anyone in connection with the deaths of Janet and Steven Dow.

II. The New Hampshire constitution declares that adherence to justice is indispensably necessary to preserve the blessings of liberty and good government. The constitution states that the people have a right to require of the legislature an exact and constant observance of adherence to justice in the formation and execution of the laws necessary for the good administration of government. The legislature's power and authority to make, ordain, and establish all manner of wholesome and reasonable orders and laws as its members may judge to be for the benefit and welfare of the state, carries with it the responsibility to respond when injustice manifests itself. It is in furtherance of its constitutional obligations to the people of the state of New Hampshire, that the legislature, by this act, seeks to assure that laws are passed and carried out in a manner that adheres to and meets the needs of justice.

III. The general court finds that:

(a) If true, the allegation that a police officer of the state of New Hampshire, one to whom much has been entrusted, one who has taken a solemn oath to uphold the laws and constitution of our state, one who enjoys special privileges accorded to those who wear the badge of law enforcement, was involved in homicide and in covering up crimes, and that this same police officer escaped apprehension and prosecution for his deadly deeds, such situation represents the gravest form of assault on the security of all in our society and undermines the fundamental promise of justice.

(b) It has a responsibility and duty to examine the facts surrounding the deaths of Janet and Steven Dow to determine if the policies enacted by the legislature to secure protection for the public and secure the ends of justice were carried out.

(c) It has a responsibility and duty to determine if additional laws are necessary to secure protection for the public and to further the ends of justice.

(d) The most effective way to accomplish the carrying out of the duties and responsibilities articulated herein is by establishing a special committee to examine the circumstances surrounding the deaths and investigation of the deaths of Janet and Steven Dow in Thornton on or about December 10, 1982, and to report its findings and recommendations to the legislature for further action as may be appropriate.

IV. In establishing the special committee and setting out its tasks in sections 2-5 of this act, it is not the intent or purpose of the legislature to preempt or interfere with the workings of the executive branch or judicial branch, but to carry out the general court's own obligations to the people of New Hampshire under the state constitution.

2 Committee on Investigation of the Deaths of Janet and Steven Dow.

I. There is established a committee which shall study the circumstances surrounding the deaths of Janet and Steven Dow in Thornton, New Hampshire, on or about December 10, 1982, the investigation of those deaths by governmental authorities, and the adequacy of laws to meet the needs of justice in relation to those deaths, or a death under similar circumstances. The committee shall consist of 7 members of the house of representatives appointed by the speaker of the house, of which at least 3 of whom shall be of the minority party and recommended by the house minority leader, and 3 senators, appointed by the senate president, of which at least one of whom shall be a member of the minority party recommended by the senate minority leader.

II. The committee shall investigate and review the evidence surrounding the deaths of Janet and Steven Dow. It shall consider the scope and quality of all investigations conducted by any federal, state, or local agency of the deaths of Janet and Steven Dow and review the adequacy of the criminal code and other state laws to protect the public. It is also empowered to review and consider any matter that the committee finds reasonably relates to the charge to the committee as set forth in this act.

III. The committee shall have the same investigatory powers as the general court. The committee may take evidence under oath, issue subpoenas and search for and seize records, and compel testimony.

IV. The committee is charged to do the following:

(a) Upon careful review of all evidence and testimony, the committee shall determine, if possible, based upon a preponderance of the evidence, if the deaths of Janet and Steven Dow involved homicide.

(b) Upon careful review of all evidence and testimony, the committee shall determine, if possible, based upon a preponderance of the evidence, if there was a failure of law enforcement to adequately and properly investigate the circumstances surrounding the deaths of Janet and Steven Dow at the time of their deaths, and if so, why such failure took place.

(c) Upon careful review of all evidence and testimony, the committee shall determine, if possible, based upon a preponderance of the evidence, if the laws of the state of New Hampshire and the policies of state government in effect in 1982, were adequate to secure justice in the matter of the deaths of Janet and Steven Dow.

(d) Make any other findings and recommendations as the committee deems appropriate.

3 Report. The committee shall submit a report of its findings and any recommendations for legislation to the speaker of the house, the senate president, the governor, the house clerk, the senate clerk, the attorney general, and the state library on or before November 1, 1998.

4 Cooperation of Other State Agencies. All agencies of state government and its political subdivisions shall give full cooperation to the committee in carrying out its duties. Any expense incurred by any executive branch agency as a result of its cooperation with this investigation shall be charged to funds currently appropriated in the operating budget.

5 Meetings; Mileage. The first-named house member shall call the first meeting of the committee within 30 days of the effective date of this section. The committee shall elect a chairperson at its first meeting. Committee members shall receive mileage at the legislative rate.

6 New Paragraphs; Statute of Limitation. Amend RSA 625:8 by inserting after paragraph VI the following new paragraphs:

VII. Having established that the crime of murder carries no period of time limitations on prosecution, the general court finds it is proper and appropriate and serves the interest of justice that any unlawful action done with the purpose to or in concert with or intended to assist in a murder, or to conceal a murder, or to conceal or hinder the apprehension of an individual responsible for murder shall similarly have no period of time limit on prosecution. Notwithstanding the period of limitations prescribed in paragraph I, a prosecution may be initiated at any time for any violation of the criminal code that involves any act done with the purpose to or in concert with or intended to assist in a murder, or to conceal a murder, or to conceal or hinder the apprehension of an individual responsible for murder. In initiating prosecutions under the provisions of this paragraph, it is not necessary for the state to identify or prove who is responsible for a murder, only that a murder took place and that the actions of the individual charged with a criminal violation under the terms of this section were done with the purpose to or in concert with or intended to assist in the murder, or to conceal the murder, or to conceal or hinder the apprehension of an individual responsible for the murder of another human being.

VIII. The provisions of paragraph VII that provide exceptions to the time limit on prosecutions for violations of the criminal code done with the purpose to or in concert with or intended to assist in a murder, or to conceal a murder, or to conceal or hinder the apprehension of an individual responsible for murder, shall be known as and may be cited and referred to as the "Dow Rule" or the "Dow Exception to the Statute of Limitations". In so designating RSA 625:8, VII as the "Dow Rule" or "Dow Exception to the Statute of Limitations", it is the intent of the legislature to honor Janet and Steven Dow, whose lives were unlawfully cut short in Thornton, New Hampshire on December 10, 1982, and whose killer, as of the effective date of this paragraph, had not been brought to justice.

7 Contingency. RSA 625:8, VIII as inserted by section 6 of this act shall become effective 60 days after the formal acceptance by a vote of both the house and senate of the report of the committee submitted pursuant to sections 2 and 3 of this act if such report includes the finding that after a careful review of the facts and circumstance and evidence presented to it, it is the conclusion of the committee, based upon a preponderance of evidence, that the deaths of Janet and Steven Dow in Thornton, New Hampshire, on or about December 10, 1982, involved homicide.

8 Reference; Gender Neutral; False Reports to Law Enforcement. Amend RSA 641:4, II to read as follows:

II. Knowingly gives or causes to be given information to any law enforcement officer concerning the commission of an offense, or the danger from an explosive or other dangerous substance, knowing that the offense or danger did not occur or exist or knowing that he or she has no information relating to the offense or danger[.]; or

9 New Paragraphs; False Reports to Law Enforcement. Amend RSA 641:4 by inserting after paragraph II the following new paragraphs:

III. Knowingly gives or causes to be given false information to any law enforcement officer with the purpose of inducing such officer to believe a criminal offense had not been committed, when the person knows that an offense did occur; or

IV. Knowingly gives or causes to be given false information to any law enforcement officer with the purpose of inducing such officer to believe that an individual has not committed an offense, when the person knows or believes that the individual committed a criminal offense.

10 Nullification of Adoption of Steven Medeiros; Restoration of Parental Rights.

I. For purposes of this section, the general court makes the following statement and findings:

(a) On December 20, 1963, in Plymouth, New Hampshire, Janet Cook Medeiros gave birth to a male child. The child's father was her husband Manuel Walter "Wally" Medeiros, and the parents named the child Steven Matthew Medeiros.

(b) In 1974, Wally and Janet Medeiros were divorced, and the couple had joint custody of their son. Shortly after the divorce Janet Medeiros was remarried to Richard Dow. In 1976, a school counselor told Wally Medeiros and Janet Dow that it would be in the best interest of their child Steven if he lived in a household where all members of the living unit had the same last name, and the counselor urged Wally Medeiros to surrender his parental rights and to permit his former wife's new husband to adopt Steven. At the time Richard Dow made representations that he was a fit candidate to adopt his wife's child and pledged to look out for and act in the best interest of Steven Medeiros at all times.

(c) Wally Medeiros was opposed to legally terminating his position as Steven Matthew Medeiros' father. However, under duress, without counsel, and based upon the information he was provided with at the time, and believing that he was acting in the best interest of his son, Wally Medeiros agreed to voluntarily surrender his parental rights to facilitate Richard Dow adopting Steven Medeiros. In 1976, the Grafton county superior court issued an order extinguishing the parental rights of Steven Medeiros, permitting Richard Dow to adopt Steven Medeiros, and the child's name was changed to Steven Dow. The biological son of Wally Medeiros died a violent death on or about December 10, 1982.

(d) The legislature finds that:

(1) The termination of the parental rights and authority of Wally Medeiros relative to his son Steven was done under circumstances wherein material information relative to the appropriateness and justness of such action was purposefully and willfully withheld by Richard Dow from the parties to the proceeding.

(2) The order to permit Richard Dow to adopt Steven Matthew Medeiros was based upon false representations and the withholding of crucial information by Richard Dow.

(3) Based upon the totality of circumstances, justice and equity dictate that the termination of the parental interest of Wally Medeiros, and the subsequent adoption by Richard Dow, of Steven Medeiros was not done in a manner that comported with statutory and common law.

II. Notwithstanding any other provision of law, based upon a careful review of the facts and evidence and acting upon the requirements of justice and equity, the general court, by this act:

(a) Establishes and declares the termination of parental authority and rights of Manuel Walter Medeiros relative to his son Steven null and void.

(b) Establishes and declares the adoption of the son of Manuel Walter Medeiros and Janet Cook Medeiros Dow, by Richard Dow, null and void.

(c) Establishes and declares as a matter of law of the state of New Hampshire that Manuel Walter Medeiros was, is, and shall forever be the legal father of his biological son Stephen, and that the legal name of that son is the name given to him by his parents at birth, Stephen Matthew Medeiros. By this act the legislature hereby directs that the relevant certificate of death maintained by the department of health and human services of the state of New Hampshire and received by the town clerk of Thornton on December 13, 1982, be amended to reflect that the name of the father of the deceased is Manuel Walter Medeiros. The legislature further directs that a copy of this act be forwarded to the clerk of the superior court and the register of probate court of Grafton county for inclusion in the appropriate files.

11 Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are severable.

12 Effective Date.

I. RSA 625:8, VII as inserted by section 6 of this act shall take effect January 1, 1999.

II. RSA 625:8, VIII as inserted by section 6 of this act shall take effect as provided in section 7 of this act.

III. Sections 1-5 of this act shall take effect upon its passage.

IV. The remainder of this act shall take effect 60 days after its passage.