Rockingham County Attorney
State of New Hampshire

 

FEBRUARY

2010

ISSUE 2

VOLUME XIII

SENTENCING

HEARINGS

STATE

VS

DEMUSMIN

FIGHT

 

 

STAFF NEWS

Please welcome Attorney Brian Lee to our staff.  Brian was formerly a Strafford County Assistant County Attorney.  He will be working in Area 2 and his Legal Assistant is Brynda Poggi.

Say Good bye to sign number three.  On January 8, 2010 a motorist headed north, skidded across Rte. 125 and smashed into our courthouse sign.  The driver was unhurt, but the sign and his vehicle were both totaled.  We hope the court will opt for putting a sign in a different and safer location.

Congratulations to Sgt. Bill Shupe at Exeter PD.  He was promoted from to Detective Sergeant.  Officer Stephen Bolduc has been promoted to Sergeant.  Congratulations.

Londonderry PD has promoted Detective Adam Dyer and Patrick Cheetham to sergeants.  Officers Joseph Bellino; Kristen Gore; and Scott Balukonis; have all been promoted to detectives. 

CASE NEWS

2/2/10-Emery, Lester-NEGLIGENT HOMICIDE

2/5/10-Cordero, Willy-ASSAULT 2ND DEGREE

2/8/10-Glover, Gregory-POSSESSION CONTROLLED DRUG

2/10/10-Anderson, Michon-FORGERY

2/15/10-Perry, Matthew-FORGERY

2/16/10-Maxfield, Robert-HABITUAL OFFENDER

2/17/10-Koehler, Sean-POSSESSION

2/18/10-Sambataro, Brandon-SALE OF CD

2/22/10-Bosch, Alonso-DRVING AFTER CERTIFIED/HO

2/24/10-Kimball, Paul-THEFT BY RECEIVING STOLEN PROPERTY

2/25/10-Dane, Jacob-THEFT BY RECEIVING STOLEN PROPERTY

2/26/10-Bentley, Dustan-TRANSPORT OF CONTROLLED DRUG W/ INTENT

PSYCHOLOGICAL EVALUATIONS

Reno Demesmin was found guilty of FIRST DEGREE ASSAULT.  He appealed his conviction citing that the court erred by permitting a re-evaluation of his competency to stand trial.  The record demonstrates that before trial defense counsel moved for a competency evaluation due to possible intellectual disability.  Dr. Adams the chief forensic examiner concluded that there was no evidence that the defendant was competent to stand trial, but had concerns that the defendant was malingering (feigning illness).  An agreement stated the defendant was found incompetent,  but called for the defendant to stay in custody pursuant to RSA 135:17-a, and provided that if the defendant was restored to competency during the next year, the State would present an Indictment against him.  The trial court held a dangerousness hearing to determine if the defendant posed harm to himself or others.  He was found dangerous and the court ordered an evaluation for involuntary commitment.  The psychologist found he was ineligible because he did not meet the criteria for intellectual disability.  The State moved for a second competency hearing due to the malingering during his first evaluation.  Over the defendant’s objection, he was re-evaluated and found competent to stand trial.  At trial, he was found guilty.

He appealed arguing the trial court lacked jurisdiction to order the re-assessment.  The NH Supreme Court ruled that the trial court possesses the inherent authority to order a second evaluation and competency hearing when there is evidence of malingering.  They ruled that the trial court did not err by conducting such proceedings and that RSA 135:17-a provides no safe harbor for the artful malingerer. Case affirmed.