EXETER�� Citing a review by the New Hampshire attorney general�s office, Exeter police dropped the criminal defamation charge against Robert Frese for online comments he made accusing the police chief of �covering up for a dirty cop.�

In a press release issued Thursday afternoon, Exeter police said �In further review by the attorney general�s office of the facts of this case and the law, it is their opinion that the state would not prevail at trial. After careful consideration of all the opinions involved, the Exeter Police Department has decided to nolle prosse the charge.�

Frese said on Thursday he was happy to see the charge dropped but still considers his May 23 arrest �cowardly.�

�It never should�ve happened in the first place,� Frese said. �I�m disgusted the taxpayers have to foot the bill for this department. This is what cowards do, they act all tough but when they're confronted with the truth, they back down.�

Frese previously said defense attorney Robin Melone, of Wadleigh, Starr and Peters in Manchester, had offered to take up his criminal defense free of charge. Frese now said he will pursue civil action against the Police Department for wrongful arrest.

�This is about free speech, we just celebrated Memorial Day and the men and women of the military fought and died to protect the Constitution,� Frese said. �I�m absolutely pursuing a civil case, no question about it.�

Frese was arrested May 23 and charged with criminal defamation of character, a Class B misdemeanor, for an online comment accusing Police Chief William Shupe of �covering up for a dirty cop.� Seacoastonline had published a story about a retiring police officer and Frese admitted to accusing Shupe of misconduct in the story's comment section in a May 3 post. Seacoastonline removed the comment because it contained a statement of fact that has not been proven. Police did not comment at the time of Frese�s arrest on whether the post on Seacoastonline was the basis of the charge.

Under New Hampshire�s criminal defamation of character statute, an individual can be arrested for speech if the person, �purposely communicates to any person, orally or in writing, any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt or ridicule.�

�I don�t think this law is constitutional," Melone said. "It�s a concerning charge that the police would be able to shut down the public�s option to criticize them. That does not mean the criticism is fair or earned but the public has the right to do so.�

Following the Exeter News-Letter�s report detailing Frese�s arrest, people began commenting on the Exeter Police Department�s Facebook page about the legality of the charge. Some users posted comments about Shupe�s conduct in his position, which include statements such as, �Defamation suits usually require you to hire a lawyer and endure the expense of gathering evidence on your own� Chief Shupe decided to use stolen tax dollars to fund his personal dispute with a citizen.�

�Hopefully, with all the negative attention they�re getting they�ll start to smarten up and change their attitude towards the people who pay them,� Frese said. �I opened the door a little bit because I came forward with my complaint, perhaps others will come forward with theirs.�