Concord Casino owner Andy Sanborn made his first court appearance Thursday in his 17-month fight with the state, this time to face criminal theft charges.

Sanborn, a former Republican state senator, has cited serious illness as the reason he has missed every other legal proceeding since the state first accused him of $844,000 in pandemic fraud in August 2023. He has not been criminally charged in that case.

Thursday’s hearing before Merrimack County Superior Court Judge John Kissinger was to address separate theft charges against Sanborn involving a different pandemic aid program. He has pleaded not guilty, and a trial is scheduled for October.

Kissinger, who is overseeing multiple legal cases brought by Sanborn in his licensing and criminal cases, asked attorneys for Sanborn and the state for an update on the case.

“I'm going to assume that this is not a case where you've come to terms,” Kissinger said Thursday. Both sides confirmed they haven't.

Meanwhile, Sanborn is challenging his casino license revocation and has asked the state Supreme Court to find that the state acted unlawfully in taking it. The court has not decided whether to take the case.

This week, three Republican lawmakers urged the court to do so, saying allowing Sanborn to reclaim his license and sell Concord Casino would benefit the state, taxpayers, and charities, which share in casino revenue.

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