LACONIA – One business day before scheduled jury selection, the Manchester man accused of providing the heroin that allegedly killed a 22-year-old mother in March of 2011 has filed a motion to dismiss the case against him, claiming city police and the prosecution have been investigating a different person for injecting her.
Alfredo Gonzales, 46, of Center Street in Manchester is accused of selling the heroin to Karen Mikkelson who in turn sold it to Ashley Denty.
Three others, Karen Mikkelson, Steven Marando, and Amanda Kelly have all pleaded guilty to their roles in Denty's death and are serving or have served sentences in jail or prison.
The crux of Gonzales's motion lies in what attorney Mark Sisti said was an investigation into an alternative theory of Denty's death and, though he just learned of it on August 29, it was information he said the Laconia Police had in April and the County Attorney's Office had in July.
The final pretrial was August 8, and Sisti argued he should have had the information before they agreed on a date to go to trial.
According to Sisti, a different man allegedly said on his Facebook page that he was the one who injected Denty with the heroin. He said Laconia Police applied for and got a warrant for this man's electronic records of which there are 2,000 pages that he hasn't had a chance to read.
"The court deserves an explanation that the state is sitting on exculpatory information" he said. "Now there is an alternative suspect who admits on Facebook he killed the victim."
Assistant County Prosecutor Carley Ahern said she needed until Monday to respond to Sisti's motion. She briefly countered that even if someone else actually stuck the needle in Denty's arm, it doesn't change the case against Gonzales – who is charged with providing the heroin not personally injecting it.
Sisti also filed a motion for discovery, a motion to personally interview the potential jurors, and a motion for Gonzales to be released on personal recognizance bail.
Gonzales has been incarcerated for two years and would agree to wear a bracelet or comply with whatever the court orders if he is freed on bail. He was found not guilty of selling heroin to a confidential informant after a three-day jury trial earlier this year. In an unrelated case, he pleaded guilty to assault on prisoners.
Ahern said he has a previous conviction from Texas for sales of a controlled drug.
Judge James O'Neill said he would give all both parties until Monday at 2:30 p.m. to respond to the motions.