Ex-Seabrook police officer seeks dismissal of charges, has request sealed by court
Bergeron was in custody Nov. 11, 2009 on a drunken driving charge, being led down a hallway at the police station, when he was allegedly shoved into the wall.
Defense lawyer Peter Perroni filed his arguments under court seal from public view, along with another request to suppress evidence in the case, according to court records.
But in a prior court notice, Perroni informed the judge that his client could rely on a pair of state laws that allows people to use non-deadly force. The laws allow a person to act in self defense when threatened, use non-deadly force to effect an arrest or prevent a person to escape from custody.
Bergeron began serving a 1- to 3-year state prison sentence in June in an unrelated case after a jury convicted him of breaking into a Hampton condominium in the middle of the day. The burglary happened last Aug. 13. Neighbors who spotted Bergeron and his partner had either confronted them or called police.