Police Commission right to deny out-of-court settlement

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August 15, 2014 2:00 AM

The Portsmouth Police Commission made the right decision Wednesday, when the three-member panel unanimously voted not to endorse an out-of-court settlement that would have given the Police Department a large inheritance from the late Geraldine Webber.

The fight over the $2.7 million estate of Webber, who died in December 2012 at age 93, will now move to trial, as it rightfully should. The fact the city's police and fire departments stood to receive a sizable bequest, estimated at $400,000 apiece through a proposed settlement, further complicated the Police Commission's ability to endorse the proposal.

Not only did the commission make the right decision, the commissioners did so for the right reasons. Commissioner Brenna Cavanaugh said she did not support the proposed settlement due to comments she has received from the public, saying "integrity and transparency are more important than the money."

Commissioner Jerry Howe agreed, saying of the potential receipt of $400,000, "I think that's selling the reputation of the city pretty low."

Under the proposed settlement, police Sgt. Aaron Goodwin would have received a $425,000 inheritance, however, he has been accused by multiple parties of exerting undue influence over Webber so he could inherit the bulk of her $2.7 million estate. A settlement would not have proven whether that was the case.

Because Goodwin first met Webber while responding to her home as an on-duty police officer, he and the Portsmouth Police Department have been accused of corruption. Those are serious charges and they deserve to be heard and responded to in open court. As has been previously stated on these editorial pages, Goodwin deserves his day in court. If he has done nothing wrong as he has repeatedly asserted, he should want his day in court.

The entire situation is unfortunate, however, including the fact that $440,000 of Webber's estate has already been spent on legal bills and the number will only grow. Retired judge and Portsmouth resident John Maher, who mediated the proposed settlement process, said there are 17 more depositions to be taken in the case as it heads to trial.

But there is simply no avoiding the need for this matter to go to probate court so all arguments involving Webber's intentions for her estate can be heard, debated and considered in public.

But even as the case heads toward trial, the city still must initiate an independent investigation of the situation to be sure all proper checks and balances were followed. Assistant Mayor Jim Splaine, following the Police Commission's rejection of the settlement, said he intends to move forward with his plan to have the City Council call for an independent review of the issue that involves the state attorney general's office, and begins in no more than 30 days. The Police Commission also said it will conduct its own independent review after the probate case is settled.

"The integrity and credibility of Portsmouth city government is at stake," Splaine said. "We have to figure it out. We have to get to the bottom of this."

Regardless of what happens to Webber's estate following the probate court trial, the only way the city can rise above the doubt created by this situation is to complete that independent review