PORTSMOUTH — A former police officer accused of offering a woman cash for sex failed to convince a judge on Tuesday to dismiss a prostitution-related charge against him.

PORTSMOUTH — A former police officer accused of offering a woman cash for sex failed to convince a judge on Tuesday to dismiss a prostitution-related charge against him.



Mark A. Valli, 51, of 3 Birch Street, Newburyport, Mass., a former Amesbury, Mass. police officer, appeared in the Portsmouth court Nov. 15 on a misdemeanor charge of soliciting prostitution. Police allege he went to a traffic circle hotel on April 9 when police conducted a sting using an informant posing as a prostitute.



Valli's attorney, Carol Chellman, asked the court to dismiss the charge for a lack of prosecution because a police detective and the informant were unavailable to testify Tuesday when the case was scheduled for trial.



Prosecutor David Colby asked for the case to be continued because the detective was unavailable for personal reasons and was needed to testify. He said the informant is “more than willing to testify” but wasn't called to do so in anticipation of the case being continued.



Judge Stephen Morrison granted the continuance, noting the detective is “an essential witness.” Morrison is assigned to the case because of a standing conflict of interest between Chellman and the court's sitting Judge Sawako Gardner. The judge warned he's in Portsmouth just once a month, so the case will be delayed by at least a month.



Amesbury, Mass. Police Chief Mark Gagnon previously told the Herald Valli worked as an Amesbury police officer until resigning in November of 2004 while citing personal reasons.



“He left and we never saw him again,” said the chief.



A second man arrested during the sex sting, Jacob Steller, 33, of 340 Crown Point Drive, Strafford, is charged with a misdemeanor alleging he was in possession of marijuana which he offered the alleged prostitute in exchange for sex. Steller was also scheduled for trial Tuesday, but through attorney David Ruoff agreed to have the case continued.



The third man arrested during the sting, John R. Thibault, 47, of 11 Berry Lane, Greenland, pleaded guilty in June to a class B misdemeanor charge of soliciting prostitution. In exchange for his plea, Thibault was given a $1,240 fine, with $620 suspended. The suspended portion is contingent on his good behavior for one year and can be imposed if he's arrested again.