By DAMIEN FISHER, InDepthNH.org

CONCORD - Court filings in the Saddleback Mountain Retreat abuse case reveal that state leaders were aware of serious claims against operator Peter Tsetsilas, yet the state lacks those same files today.

DHHS Chief Legal Counsel Frank Nachman told the court on Monday that his department turned up almost nothing on Saddleback after an extensive search. The home closed in 1993 once Tsetsilas faced arrest for kidnapping and raping a girl the state had sent there.

Nachman directed the records hunt for the suit filed by survivor Kristy Gesse, who first sued as Jane Doe 73. He testified that searches of cabinets, basements and digital systems yielded only a few pages.

"I think we located a copy of [Saddleback's] license," Nachman said.

Gesse's attorneys had already presented jurors in Merrimack Superior Court with documents they obtained independently. Those papers suggest leaders at the agency now known as DCYF knew of 1985 rape accusations against Tsetsilas involving a teen called L.O. and worked to end the police probe.

"[DCYF] staffers repeatedly urged her not to pursue charges against Peter T. The most common argument was that L.O. would 'ruin' that family 'if she pursued charges.' She was also warned that 'it would take years' and she could 'free herself' by 'taking back' the allegations," Gesse's attorney David Vicinanzo wrote in a pre-trial motion citing the 1985 reports.

The 1985 reports, stored by a retired trooper, represent only part of the expected record. Missing items include background checks on Peter and Beverly Tsetsilas, facility inspection logs, any complaints filed against them, and the 1993 DCYF review of Gesse's own case after her rescue from a Concord motel.

Under questions from attorney Nathan Warecki, Nachman said he found no memos authorizing destruction of Saddleback or Gesse files. Current rules require such memos when records are discarded, he noted.

Nachman's testimony underscores a key challenge for the state. The absence of records in Gesse's matter could reflect serious lapses by child protection staff or, in a worse light, deliberate efforts to conceal state-enabled abuse of a teen.

Deputy Solicitor General Sam Garland pressed Nachman on whether he knew of any improper document destruction by DCYF or DHHS workers.

"I'm not aware of that ever happening," Nachman said.

Such destruction would bring serious repercussions, Nachman added, and staff understand the risks.

"They could face consequences," Nachman said.

Gesse endured the effects of those agency shortcomings. Placed at the Deerfield group home in late 1992, she faced grooming and isolation by Tsetsilas, who then raped her, court papers show. Beverly Tsetsilas learned of the abuse yet took no action to report or halt it.

To evade his wife, Peter Tsetsilas claimed Gesse had fled, abducted her, and held her at a motel for nearly a month. There he assaulted her almost daily and issued death threats.

Concord police rescued Gesse after DCYF had listed her missing for roughly one week. The gap may stem from her caseworker visiting her only once during the four-month Saddleback placement.

The trial, which opened last week, may reach the jury by week's end. Gesse's team plans to conclude its witnesses by Wednesday. The state intends to call several witnesses to argue that DCYF bears no responsibility for the abuse.