Jun 26, 2014
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Inmate will let judge decide fraud ID case
John Bouraphael, 33, of Danville has decided to waive a jury trial in his identity fraud case pending in Rockingham County Superior Court. (JAMES A. KIMBLE/FILE PHOTO)
Judge Kenneth McHugh approved a request to give Bouraphael another chance to argue that his charges should be dismissed.
Bouraphael’s girlfriend, Shayna Provencal, of Andover, Mass., is also facing charges for allegedly facilitating the three-way phone call from the Brentwood jail where Bouraphael was being held.
The other inmate used to team up with Bouraphael to strong-arm other inmates out of their canteen goods while they were both held at the Brentwood jail, according to prosecutors.
Provencal’s lawyer Patrick Fleming is also arguing that charges in his client’s case should be dismissed prior to trial.
McHugh has given Bouraphael’s lawyer, Steven White, approximately 10 days to file his new argument that his client committed no crime.
Bouraphael and Provencal are facing Class A felonies, punishable by up to 7 ½ to 15 years in state prison.
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