By GAIL OBER, LACONIA DAILY SUN
LACONIA — Jury selection for accused armed robber and burglar Tyler Twombly, 31, of 76 County Drive has been continued from this Monday until May 16.
Twombly is accused of being one of two masked men who entered a home on Harvard Street in 2014 and shooting or hitting one of four other men who were there while he robbed him.
He was identified as one of the men, said court documents, after his DNA was found on a red bandana that was located by a police K-9 shortly after the indicted was reported.
The case has been slowed by the number of witnesses identified by the state who have said they need immunity in order to be able to testify. To date, there are five possible witnesses who have asked for immunity including the three men who were in the home at the time of the robbery. One of the three was injured by either a gunshot or some kind of blow to his head and the homeowner's son has already been granted immunity.
Hearings for the other two men are scheduled for Monday at 1:30 p.m.
Assistant Belknap County Attorney Carley Ahern recently identified two women who could also be witnesses against Twombly but may have Fifth Amendment issues regarding their testimony.
Additionally, Twombly's attorney, Mark Sisti, has identified one witness whom he would like indemnified but who has recently been charged as being an accomplice to the robbery and burglary.
He has filed a motion to compel the state to grant immunity to Joshua Pike, 29, of or formerly of 103 Blueberry Lane so he can testify on behalf of Twombly.
Pike has told police on two separate occasions that he was in the home and was the one who answered the door, allowing Twombly and a second, as yet unidentified man, to enter. He has told police that the man holding the gun had initially pointed it at him and that he is also a victim.
City police believe Pike is a co-conspirator of Twombly's and have charged him with one count of conspiracy to commit burglary, one count of conspiracy to committee robbery and one count of conspiracy to commit first-degree assault. He has not been indicted by a grand jury for these allegations.
Ahern has objected to giving Pike immunity, saying criminal defendants do not have a right to immunity if they are defense witnesses while Sisti has argued that in this case the evidence Pike would provide is exculpatory and presents a highly material variance from the state's case.
She noted that Pike believes that Twombly has "put out a $10,000 'hit'" on him and she doesn't feel he should be compelled to testify. Pike is not a prosecution witness.
Ahern said Sisti has failed to offer any new information that varies widely from the state's case and he doesn't need immunity.
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