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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.
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