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Trial of youth center worker accused of restraining boy during sexual assault begins Tuesday
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Trial of youth center worker accused of restraining boy during sexual assault begins Tuesday

Three years earlier, Asbury had been fired from the Concord center allegations of physical and psychological abuse. But he was later rehired and transferred to Manchester, where he worked until 2001.

Asbury is charged with two counts of accessory to aggravated sexual assault. If convicted, he faces a maximum sentence of 20 years in prison on each charge. His attorney did not immediately respond to a request for comment, and prosecutors said they do not comment on active cases.

A previous case against Victor Malavet ended with a null trial in September after jurors deadlocked on whether he raped a girl at the Concord center. A new trial in the case has not yet been scheduled.

The investigation led to extensive civil litigation. Over 1,100 former residents they filed lawsuits alleging physical, sexual or emotional abuse over a period of six decades. In the only civil case that has reached court so far, a jury awarded David Meehan $38 million in May for abuse he says he suffered in the 1990s, though that verdict remains in dispute as the state tries to reduce it to $475,000.

The Meehan civil suit provided a preview for the current case. Among those who testified was Asbury’s accuser, Michael Gilpatrickwho testified that Asbury and three other staff members were known to the teenagers at the dormitory as the “hit squad.”

“The four of them used to roll together and go to different houses and beat the kids,” he said. “They would literally come and go door to door and beat every single one of us, on and on.”

The Associated Press generally does not identify those who say they were victims of sexual assault unless they come forward publicly, as Meehan and Gilpatrick did.

Gilpatrick, who spent three years at the Manchester center in the 1990s, testified that he ended up there after running away from several group homes, committing burglary and stealing food to survive on the streets.

He said the sexual assault involving Asbury occurred after he ran away while on vacation. He had already spent several days locked in his empty room wearing only his underwear when workers brought him to the house manager’s office and then to a staircase, he testified.

He said the attack resulted in an out-of-body experience.

“I felt like I was hovering above and watching him,” Gilpatrick said. “My body just went blank.”

Gilpatrick said Asbury was a bad man.

“Not only did he have power over all the kids, he had power over the staff as well.”

In 2000, during a state investigation into physical abuse and neglect at the youth center, Asbury denied there was a problem.

“That thing doesn’t happen. It is not tolerated,” Asbury told The Union Leader. “We don’t have time to abuse them.”

The lawsuit highlights the strange dynamic of the state simultaneously defending itself against civil lawsuits related to the youth center while also pursuing criminal cases.

During the first civil case to go to trial, the state portrayed Asbury as a dedicated worker who won awards for organizing volunteer work for teenagers. In the present case, the State intends to portray Asbury in a much darker light.