State wants victim's text messages allowed into evidence against man who allegedly sold him fatal heroin
LACONIA — A Belknap County prosecutor has asked a judge to allow text messages and statements made by a man to his co-workers before he died in May of 2013 of an heroin overdose allowed into evidence in a trial against the man who allegedly sold him the drugs.
The motion was one of four filed this past week in the state's case against Andrew Currier, 51, of Laconia. Currier is charged with one count of sales of a controlled drug, death resulting. The victim, Jason Dostie of Moultonborough died May 29, 2013.
Dostie was found dead in his father's pickup truck in Moultonborough, however Meredith police investigated and determined that Currier sold Dostie heroin in Meredith.
The state contends Dostie told three people at work that a friend was coming to get a leaf blower from his truck and was going to leave some money under the front seat as payment. He wanted them to alert him if they saw his friend.
The state said Dostie allegedly sent several text messages to Currier requesting he leave the drugs in the truck and take the leaf blower as collateral.
Prosecutors argues the statements of the co-workers and the text messages are allowable because Dostie is not alive to testify and they go to his state of mind prior to his death.
Prosecutors also asked that the state allow expert testimony from Dr. John Barbieri of National Medical Services about the procedures and policies of NMS because, although he didn't perform the autopsy, he was the principal person who reviewed the victim's blood and signed the report as a certified toxicologist.
The state also wants the court to disallow evidence that Dostie was on probation at the time of his death arguing that this information would be overly prejudicial and would unfairly prejudice the jury against the victim.
Prosecutors also want the court to exclude evidence that Dostie's father had called the Meredith Police to see if his son had been arrested when he couldn't find him. The state said the father's phone call and reference to a possible arrest was speculative on the father's part and, if the jury knows about the call, it would be overly prejudicial to the victim.
Currier's defense has not yet responded to the motions.
Currier's final pretrial and a hearing of the above motions are scheduled for next week.
Last Updated on Saturday, 01 November 2014 01:01
EXETER — Laconia and Gilford each enjoyed storybook playoff runs that ended here last evening in the semi-final round of the NHIAA Division II Championship Field Hockey Tournament. Defending champion and second-seeded Berlin rallied in the second half to defeat the Sachems 3-1. And undefeated and top-ranked Hopkinton scored the winning goal in the fourth minute of overtime to beat the Golden Eagles 2-1.
Laconia held a 1-0 halftime lead thanks to a goal by Samantha Silva.
Laconia entered the tourney as the 11 seed but beat 6-seed Littleton in the first round (5-4) and three-seed Monadnock (Swanzey) in the quarterfinals (2-0) to earn the trip to Exeter.
The Sachems won the final three games of their regular season schedule to enter the tourney at 7-7.
Logan Baxter scored the lone Gilford goal in the second semi-final contest. The teams played a scoreless first half.
Gilford entered the tourney as the 12 seed but defeated 5-seed Newfound (3-1) and 4-seed Pelham (3-1) in the earlier rounds.
Last Updated on Friday, 31 October 2014 12:44
WOLFEBORO — A York Road man has been charged with moose poaching after a N.H. Fish and Game Department investigation was triggered by an anonymous game thief tip.
Police said the tip came to them on Saturday and on Sunday police they found a 40-gallon tub filled with fresh moose meat at the residence of Barry Caswell of York Road.
The carcass of the young male moose was found buried in three feet of earth that was covered by six-foot brush pile.
Caswell allegedly admitted to poaching the moose on his property and burying the carcass with a backhoe.
He is charged with one misdemeanor count of taking a moose out of season. If convicted he can be fined up to $1,000.
New Hampshire's Conservation officers ask that people who see any suspicious wildlife-related activity to Operation Game Thief at 1-800-344-4262.
Last Updated on Friday, 31 October 2014 12:21
MEREDITH — Rising to chair the Finance Committee in her second term in the New Hampshire Senate, Republican Jeanie Forrester is well placed to withstand the challenge of Democrat Carolyn Mello of Holderness, who is making her first bid for office in District 2.
"I don't believe my work is done," Forrester said as she eyed a third term. A veteran of Main Street programs in Meredith and Plymouth, former town administrator in Tuftonboro and New Durham and member of nearly a dozen civic and charitable organizations, she enjoys a strong presence in the 27 towns of the district. "Constituent service," she insists, "is my top priority."
Mello, a veteran of the United States Air Force, where she was a Russian linguist, recently retired after teaching special education for 17 years. As a teacher she was president of her union and as a retiree she served on the school board, experience that placed her both sides of the negotiating table.
The two candidates oppose the Northern Pass project and industrial wind farms, both major issues in the district. They agree that efforts should be made to shrink the role of money in electoral politics. Both favor increased support for higher education, both the university and community college systems. Forrester helped broker the compromise to extend health insurance to some 20,000 residents eligible for Medicaid, an initiative Mello supports. Neither candidate favors decriminalizing possession of marijuana. And while Forrester firmly opposes casino gambling, Mello questions its value as a revenue source.
Otherwise Forrester and Mello differ. A conservative Republican, Forrester believes that the state's fiscal challenges arise on the spending side of the ledger while Mello suggests exploring additional sources of revenue. Forrester opposes and Mello favors raising the minimum wage. Forrester opposes and Mello favors repealing the death penalty. Forrester has supported providing parents with wider choices in educating their children, including voucher programs, while Mello is strongly opposed to the state investing funds or foregoing revenue to support private pr parochial schools.
In her two terms, Forrester has become a leader in the Senate, showing a command of the major issues, from the budget to health care, and playing a major role in addressing them. Her experience and presence poses a formidable challenge for anyone making their political debut.
Last Updated on Friday, 31 October 2014 12:16
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