LACONIA — A Belknap County Superior Court judge ruled yesterday that additional charges brought against a Meredith man who is scheduled to stand trial next week for sales of a narcotic, death resulting, will not be dismissed.
In addition to the above charge for which Currier was indicted in 2013, a grand jury also indicted Andrew Currier, 51, now of Laconia, for two counts of conspiracy to sell narcotics and one count of accomplice to possession of a controlled drug in November of 2014.
Currier was indicted on the sales of a narcotic-death resulting in 2013 and his trial was scheduled to begin on November 17, 2014. Just before the trial, Currier's defense submitted its final discovery, or information gathered from their own investigation, and from it the state learned that one of the theories the defense was using was that another person actually sold the late Jason Dostie the heroin, not Currier.
The trial was delayed on the morning of jury selection when a key witness, the victim's father, John Dostie, was hospitalized and couldn't appear.
Using the information from the final defense discovery, the state went forward and brought additional charges against Currier for conspiracy and being an accomplice to drug sales.
At yesterday's hearing in front of Judge Peter Fauver, Currier's lawyer Steve Mirkin cried foul, saying the prosecutor knew about the possible involvement of the second man as early as 2013 but the Meredith Police failed to investigate his alleged role.
"The state should not get the benefit of seeing what happened at one trial and bring forth a second trial," Mirkin argued, unsuccessfully.
Assistant Belknap County Prosecutor Roni Karnis argued that the trial for "death resulting" had not begun and jeopardy (meaning the state can't try someone for the same thing two times) had not attached.
Fauver agreed with Karnis that the newest charges would stand, but also ruled for Currier that the two batches of charges should be severed — or tried at different times.
According to the arguments heard in court yesterday, Jason Dostie repeated sent text messages to Currier asking him for a "bump" or some heroin. Dostie also told Currier he didn't have any money and asked for it to be fronted to him.
Currier's text messages allegedly indicated that he was unwilling to do that.
Dostie allegedly texted back that Currier could take a leaf blower from his truck as collateral but Currier allegedly said he needed money not collateral.
Records indicate that Currier went to an ATM in Meredith around 8 a.m. and that he was at Dostie's place of employment at 8:20 a.m. The leaf blower was also found in his possession.
The defense said it's argument is that Currier gave Dostie money but that Dostie could have bought the heroin from someone else. Mirkin said the evidence shows that Dostie left work to go to his father's truck at 9 a.m. and was never see alive again. He argues that if Dostie was so desperate for heroin he wouldn't have waited 40 minutes if he thought the heroin was in the truck.
Arguments at yesterday's hearing also revealed police never found the needle Dostie used to inject the heroin, despite using a metal detector. They said they found a package of 10 needles with one missing in the truck.
Mirkin also said that during interviews with Dostie's father, both Currier and the second man's name came up as people who he thought could have provided his son with the heroin.
Jury selection for Currier for the sales of heroin, death resulting, is scheduled for January 5. The trial is scheduled to begin a week later.
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