Labrie's Former Counsel Not Hired To Probe Teacher Rape Case

CONCORD, NH —An attorney who unsuccessfully attempted to get a St. Paul's School graduate a new trial after he was acquitted on rape charges but convicted of statutory rape and computer services crimes will not be hired by the Concord Board of Education to lead an investigation of the district's handling of the Primo "Howie" Leung teacher-student rape case. School Superintendent Terri Forsten stated on Friday that the "district has not contracted" Robin D. Melone, of Wadleigh Starr & Peters LLC in Manchester, "for this investigation." The board revealed earlier this month that it would be opening an independent investigation into the case after a local student, Ana Goble, came forward to inform the board that she was suspended in 2014 by then-Rundlett Middle School Principal Tom Sica for spreading malicious and slanderous gossip about Leung — before she was able to raise concerns about what she described as his bizarre behavior with girls at the school.

"We are working to move forward positively and steadily with our work in this area," Forsten noted in an email.

The revelation of the suspension was first reported by the Concord Monitor. Information shared by Goble, who attended school with the victim, Leung and Sica, offered another twist in an unfolding teacher-student rape investigation that has rocked the capital city.

While an "experienced and well-respected trial attorney, litigator and negotiator," according to her online biography. She handles "handles in-house investigations for educational institutions and employers faced with responding to allegations of sexual harassment or assault." Melone is primarily known as a defense attorney representing clients charged with sexual assault and might have presented the best optics for the school district or board as it attempts to navigate the fury of parents and the public who question the lack of action and judgment taken by the district on multiple occasions when dealing with accusations raised against Leung during the last four years.

Melone's High Profile Cases

In 2017, Melone represented Owen Labrie, the St. Paul's School graduate who has spent many months fighting for a new trial to escape having to register as a sex offender. In January 2018, she withdrew as his attorney, according to the Valley News. But was back in the New Hampshire Supreme Court for Labrie's appeal there, according to press reports, a bid that he lost twice.

Melone also represented former state Rep. Eric Schleien, R-Hudson, who pleaded guilty in 2018 to kissing the hand of a 16-year-old Phillips Exeter Academy summer program student in Portsmouth after prosecutors dropped misdemeanor sexual (groping) and simple assault charges, according to the New Hampshire Union Leader.

Melone has also advocated for less stringent rules on the tracking of sex offenders.

In February of this year, she told WMUR-TV that the desire for police and the public to have sex offenders registered and tracked "comes from fear." She added, "I think when we extend that punishment into the community, in a way, that makes it difficult for them to re-integrate into society. It makes it more difficult and less safe and makes it more likely they will re-offend."

Melone was also the defense attorney for Wendell Noyes, who was found not competent to stand trial in 2017, after killing his step-daughter, Celina Cass, according to WMUR-TV.

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The district and board are hosting meetings entitled Policy Work on Student Safety on July 8, and July 22, as part of the board's Community & Policy Committee. The board is encouraging public feedback via email.

"The board is committed to creating a climate and culture which elevates student safety and rebuilds community trust," the site noted. "Its vision is that all Concord students develop a passion for learning, experience excellence in their lives and believe that they have the ability to shape the future of their lives and communities."

Student Comes Forward

“The way he acted around students and excluded other students it just made me sick to my stomach."

That's what Goble told WBZ-TV in Boston this week after the Concord School Board announced that it was opening up an investigation into its handling of the Leung rape case.

Goble stated that Leung would invite a "special group of girls" to lunches and field trips – something no other teacher at the school was doing.

Rumors floating around the school at the time – allegations of Leung and a student being cozy and flirty in the hallways, behavior that was noticed by others and deemed abnormal – were investigated but inappropriate behavior was denied at the time.

After Goble spoke to her parents about the situation, they prepared to meet with Sica with their concerns. Before they were able to though, he requested they come to Rundlett – and informed them that their daughter would be suspended for three days for gossiping – essentially punishing Goble for speaking about Leung's appearance of coddling female students.

Sica moved from Rundlett to lead Concord High School a few years later. Leung, who was named a distinguished educator in 2012, later transferred to Concord High School. Goble's parents sought legal advice and received a settlement from SAU 8 and the suspension was also cleared from educational records, according to reports.

Leung's relationship with girls was highlighted earlier this year during an internal investigation with officials – with them requesting a full understanding of his relationship with girls at both Rundlett and CHS, and his activities with them during a summer program at Fessenden School in Massachusetts. Despite these concerns and investigation, however, Leung was kept on for many months, interacting with numerous students at Concord High School.

Four years later, to the month of Goble's suspension, in December 2018, three Concord High School students reported seeing Leung kissing and hugging a student in a car while stopped at a red light East Side Drive near I-393 – which led to another investigation and eventually, rape charges filed against Leung in Massachusetts.

Concord police are still investigating the matter and are requesting anyone with information about the case to come forward and assist investigators.

Last Saturday, at Concord High School's graduation, Sica was missing – after being requested not to attend the event. Forsten, in an email last week, denied rumors that Sica had resigned or been fired.

Got a news tip? Send it to Tony Schinella at tony.schinella@patch.com. View videos at https://www.youtube.com/user/tonyschinella.