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State admits to affidavit errors but asks judge to reconsider pot grow ruling

SUPERIOR COURT — N.H. Asst. Attorney General James Vara tried for a second bite at the apple yesterday after a Belknap County Superior Cout judge ruled last month to suppress all of his key evidence in the case against a Governor's Island man who was arrested for manufacturing marijuana in his rented Gilford home.

Arguing before Judge James O'Neill, Vara said he wanted the judge to reconsider his decision to toss three key piece of evidence against Corey LaPlante including the statement that LaPlante's landlord allegedly made to Det. Kirk Hart of the N.H. State Attorney Drug Task Force about her smelling fresh marijuana in the home.

Vara also wanted O'Neill to reconsider the electricity-use evidence cited, which he described as being incorrectly referenced in the police affidavit filed in support of a search warrant, and the terminology used by Hart in his affidavit describing the location of some black lights found in the 15 Blueberry Hill Road house during a police raid in October of 2013.

As a result of that raid, police seized 12 pounds of marijuana, hashish and $34,000 in cash from the home.

LaPlante's attorney Mark Sisti had successfully argued in August that there were at least five "material misrepresentations" in the police affidavit filed in support of the search.

During the August suppression hearing, LaPlante's landlord, Jennifer Truman, testified that she told Hart there was a "skunky" smell in the house. Hart's affidavits reflected that she told him there was a smell of marijuana in the house.

Vara argued yesterday that the information about LaPlante's high electric bill came from a second detective working the case and that "she" was also a woman. He admitted the affidavit was grammatically flawed when Hart used the pronoun "she" but that Hart never meant to imply that Truman gave him the information about the power bill but rather he got it from a second female detective.

In addition, Vara said when Hart wrote that the attic was "equipped" with black lights he meant that there were black lights in the attic. Truman testified under oath in August that she saw black lights stacked on a shelf in the attic but they were not hooked up to anything.

Vara asked to put both Hart and fellow Det. Holly Dube on the stand to clarify the wording in the affidavit but Sisti objected to new evidence at this time and Judge O'Neill agreed.

In response, Sisti said the additional information provided by Vara didn't matter. He said when issuing the search warrant, Judge Jim Carroll was lied to by the police because the application said Truman smelled marijuana in the house when she testified she didn't, that the judge was operating under the impression that there were operating black lights in the attic when there weren't, and that Truman had given police information about the electrical usage when she didn't.

Sisti said it was unfair to Circuit Court Judge Carroll, who issued the warrant, who was trying to sift through facts offered only by law enforcement.

"As to reckless misrepresentation, I suggest we look up the word out-and-out lie," Sisti said, adding the wording off the affidavit was designed to influence Judge Carroll into issuing a search warrant he never would have issued had he known what Truman said to Hart.

He said the entire case against his client was predicated on either lies by law enforcement or perjury by Truman — and the state has not alleged that Truman perjured herself.

"This is a very rare occasion where a couple of lies and embellishments are used to influence a judge," said Sisti, adding he had never has a case with so many misrepresentations and omissions.

He also restated that he had to jump through enormous legal hoops just to get Truman to New Hampshire to be deposed and to testify.

Vara retorted that it was "very insulting and distasteful" for Sisti to call Hart a liar. "It's not what happened here," he said.

Sisti closed by restating that either Truman or Hart is a liar and that Hart added the statement that Truman said she smelled marijuana in LaPlante's home so he could get into the house.

O'Neill said he would take the motion to reconsider his suppression order under consideration.

Last Updated on Tuesday, 16 September 2014 01:05

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Andover man faces bunch of charges after Gilford Police chase that eneded in Laconia cemetery

CIRCUIT COURT — An Andover man was ordered held on $5,000 cash or corporate surety after appearing in the 4th Circuit Court, Laconia Division yesterday after his arrest in the Bayside Cemetery in Laconia Friday night.

According to Gilford Police and affidavits obtained from the court, officials said a patrol officer was on routine patrol in Lowe's Home Improvement parking lot just before 9 p.m. when the manager flagged him down and told him a man, later identified as Adam Scarsilloni, 29, of 43 Salisbury Highway, had allegedly just removed some items from the store without paying

The officer saw a man fitting the description given by the manager driving by him and noticed his Volkswagen had a headlight missing.

When the officer went to stop the car, he said Scarsilloni "accelerated at a high rate of speed" and drove through the parking lot.

The officer continued to follow him and allegedly observed him make a number of traffic infractions that could have endangered the safety of the general public.

Scarsilloni managed to cross Lake Shore Road and got out of his vehicle in Shaw's Supermarket parking lot and ran across Rte. 3 into Bayside Cemetery.

The officer followed and deployed his electric-stun gun, which hit Scarsilloni's sweatshirt and had no effect.

The officer was able to catch him and the two allegedly began fighting. Scarsilloni was subdued by a second Gilford officer, also armed with a Taser.

Police said they observed some of the items the Lowe's manager reported stolen in plain view and the car was towed to the Gilford Police Department. A supervisor said yesterday that police were waiting for a warrant to search the car.

According to affidavits, police said Scarsilloni has a lengthy criminal record in both New Hampshire and Florida and was allegedly identified by his non-active Florida driver's license. His criminal record in New Hampshire runs from 2003 until 2010 and includes theft, possession of drugs, criminal conduct for another and at least two probation or default of bail violations.

N.H. affidavits said his criminal record in Florida is from 2011 until 2014 and includes delivery or possession of opium, possession, and grand theft of less than $5,000.

In Friday's arrest, Scarsilloni is charged with one count of resisting arrest, one count of disobeying a police officer, one count of operating without a valid drivers license, one count of reckless operation — a violation, and two violations for failing to stop at a red light and a stop sign.

Police said he is being investigation for his alleged role in the Lowe's incident.

Judge Jim Carroll ordered that he not enter Lowe's, refrain from the use of alcohol or drugs and not leave the state. As of 4 p.m. yesterday, Scarsilloni was still incarcerated.

Last Updated on Tuesday, 16 September 2014 01:00

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WEEKEND — From 'in ruins' to 'Best in Show' – the Sachem once again graces Winnipesaukee

LACONIA – The day the Sachem was quietly launched into the water at the western ramp of Irwin Marine was a moment the Kiedaisch family will remember for a long time.

As the water reflected off her white sides and the sun highlighted the topside mahogany woodwork, the completely restored 1952 27-foot, semi-enclosed, custom-made Chris-Craft came back to the only home she's ever known – the waters of Paugus Bay and Lake Winnipesaukee.

For owner Gary Kiedaisch, the Sachem's launch was a family affair with the promise of many hours of boating on his and his family's favorite lake. His son Seth, an artisan woodworker from Andover, had done the entire restoration.

For Irwin Marine owner Jack Irwin, the boat's restoration and launch brought back memories of his halcyon days as the largest Chris-Craft dealer in the country and of May 16, 1952,  the day he sold the boat to one of his best friends, Louis Cushing, who was the owner of the Quarterdeck Motel on the Weirs Boulevard.

Irwin said Cushing had recently built the Quarterdeck Motel and used the boat to take his guests on trips around Lake Winnipesaukee.

"She was a party boat," Irwin said, noting that she had been specially designed without a cab so her passengers could enjoy the sunshine.

Custom designed with twin 95 Model K inboard engines, Irwin remembers how they would race the boat on Sundays in the handicap races that used to be held on a triangular race course delineated with buoys between Weirs Bay and Meredith Bay.

"Being semi-enclosed, she was a great boat for Lake Winnipesaukee because of her design," Irwin said.

He recalled he had a tough time special ordering the boat, and was only able to succeed because of the size of his dealership on the lake. He also said that Cushing was the second owner. The first owner had it less than a year before returning it to Irwin's.

"This was an expensive boat," he said noting that in 1952 the boat cost $9,000. "A boat like that would cost $100,000 today."

Fast forward about 55 years and Gary Kiedaisch, the CEO of Igloo Products Corp. and Gilford resident, was driving down Route 3 in the Weirs section of Laconia when he spotted an old wooden boat sitting on a corner lot belonging to Charlie Gaff – a local boat mechanic and restorer.

Gaff said he had owned the boat for about two years after purchasing it from one his best friends, George Bartemus, who he thinks bought the boat from Cushing around 1972 and also used it exclusively on Lake Winnipesaukee.

He said the craft used to be named the Cruisin' Lady.

"If George could see her today, she'd bring tears to his eyes," Gaff said.

"It was almost in ruins," Kiedaisch said, speaking about the first time he got a close look.

But since Kiedaisch's passion is wooden boats and restoration – the Sachem is his fourth - he said he recognized the boat had a unique design.

"An open runabout with great lines," he said.

Kiedaisch said he worked out a deal with Gaff to purchase the boat, but when he brought two different wooden boat restorers to look at her, both said she was "too far gone."

He said one restorer warned him that if he went to move her, she would likely fall into pieces.

But Kiedaisch had one card left to play and that was his son, Seth, who had studied woodworking at the College of the Redwoods Fire Furniture under master woodworker James Krenov, a Russian immigrant who taught that woodworking was as much philosophy as it was craft.

"In a weak father-and-son moment he agreed to do it," said Kiedaisch.

He said he held his breath as the boat was successfully lifted on to a flatbed and taken to Seth's workshop in Andover.

Seth said the only words he could think of when he first saw the boat on the trailer were "Holy crap!"

Seth, who is admitted into the League of New Hampshire Craftsmen, did some research about the style of boat and visited what he described as a sister ship. An added bonus was that Jack Irwin had the original specifications of the boat in the archived files at the marina.

He said it was from the research and the spec sheet that he realized the sides of the boat had been painted white.

The restoration project took Seth two years. Still needing to keep a roof over his head, he said he worked on it between jobs.

"My kids are about a foot taller now than from when I started," he quipped.

"I had her flipped in my workshop," he said, adding there was only about a half inch of clearance space between the hull and his shop ceiling.

But he kept at it, at one point building his own steam box to gently bend to curves of the wood to mesh perfectly with her lines. He rebuilt the transom, added a new deck, and put a whole new bottom on her.

"Everything else is as original as it could be," he said.

Seth said even the brass strip on the bow of the Sachem was reworked and reinstalled.

With all but the finishing touches finished, the Kiedaisches moved the Sachem to Muller Boatworks on Lake Sunapee for the mechanical work.

Kiedaisch said the original engines were taken out and sent to an engine rebuilder who in many cases had to find obscure parts and in some cases had to make them to order.

He said the fuel pumps were converted from 6 volts to 12 volts and Muller Boatworks did all of the rewiring and the electrical work.

Three days before the 41st Annual Lake Winnipesaukee Antique and Boat Show, started by Jack Irwin and his late brother, Jim, the Sachem slipped into the water.

Kiedaisch said he named her the Sachem because his wife Cindy graduated from Laconia High School whose mascot is a Sachem. He said she also went to Camp Sachem on Lake Winnipesaukee when she was a youth.

On July 26, Sachem was awarded First in Class for her size and category and later named High Point Boat – or Best in Show.

"This is a great honor for me," Kiedaisch said.

Because of the honor, Kiedaisch said it'll be a while before the Sachem is housed permanently in the first boat slip at Channel Marine – the same slip rented by his grandfather in the 1940s.

He's been invited to participate at the 50th Annual Antique Boat Show and Auction in Clayton, N.Y., along the St. Lawrence River this weekend, and he said Seth has hauled the Sachem there.

While Kiedaisch's plans are to use the boat on Lake Winnipesaukee with his family, like two other boats that he's restored, the Sachem could one day end up in one of the many boat museums in the country.

His 1930 Chris-Craft is housed at the New England Boat Museum while his 1950 Penyan is in a museum in California.

But for Kiedaisch, the Sachem is more than a boat, it's a family project as well as affirmation of his lifelong friendship with Jack Irwin, who sold his parents one of their first boats in 1959.

"I've known Jack my whole life," he said. "He's just a wonderful man."

Last Updated on Monday, 15 September 2014 01:31

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Council strikes deal for curbside pick-up of bulky items

 

LACONIA —The City Council this week approved an arrangement reached between the Department of Public Works and Cassela Waste Systems to offer residents curbside collection of bulky and metal items for a reasonable fee.

Residents must purchase a tag costing $6 for each item to be collected. Tags may be purchased either at the City Clerk's office at City Hall or at the Department of Public Works on Bisson Avenue.

Non-metal items, including furniture, mattresses, box springs, carpet, and even toilets and sinks, will be collected weekly on the regularly scheduled collection day. A tag must be affixed to each bulky item to be collected.

Metal items, including sleep sofas, shelving, washers and dryers, will be collected on the first Wednesday of each month. When tags are purchased, the name and address of the resident, along with a description of what is to be collected, will be recorded to enable the driver to make the collection.

As with trash and recyclables, bulky items should be on the curb by 6 a.m. on the day they are scheduled to be collected.

No electronic equipment, including television sets, computers, monitors and microwave ovens, or items containing freon, like refrigerators, freezers, air-conditioning units, or construction and demolition materials will be collected at the curbside.

Anyone with questions about the program may call Ann Saltmarsh at the Department of Public Works, 528-6379, extension 300.

After offering recycling bins free of charge and totes at discounted prices for some time, the City Council decided to begin charging the current market price for both. However, the Department of Public Works will provide stickers marked "Recycling" free of charge, which can be placed on any rigid container.

 

Last Updated on Saturday, 13 September 2014 12:57

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