LACONIA — A Superior Court judge ruled Thursday that a Gilford man accused of raping his former girlfriend cannot let the jury see the family court records that show that he tried to get custody of a child he and the alleged victim have together.
The judge ruled that while Sargent Place resident Carroll Thompson's statements to family court cannot be introduced as such, his attorney will be allowed to question the alleged victim about Thompson's attempts to gain custody of their child.
In those family court pleadings, Thompson said that his reason for wanting custody of his child was because the alleged victim was a drug user. He intended on using them as a reason why she would fabricate a claim of rape against him.
While Thompson says the records are within the hearsay exceptions allowed at trial, the exception only applies if the person who made them is unavailable for the trial. The court determined that by claiming his Fifth Amendment Right against self-incrimination, Thompson made himself unavailable and shouldn't be allowed to benefit from creating his own unavailability.
Thompson also wanted recordings left by the alleged victim on his phone to be heard by the jury, but the court denied that too, saying that the statements don't indicate that she intended to make up allegations against Thompson.
The alleged sexual assault occurred 10 day after he recorded the messages.
Specifically, the court said that since it was the defendant who recorded them, it is possible he made statements during the conversation that were favorable to himself.
"Similarly, the (alleged) victim could also have made false statements with the intention of inciting an emotional reaction from the defendant," wrote the judge, who determined the recordings were unfairly prejudicial and don't include any direct evidence. He determined that the only reason to let a jury hear them would be to appeal to their sympathies, which is not allowed by the rules of evidence.
Thompson's jury trial is scheduled to begin Monday morning.
- Category: Local News
- Hits: 10082