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.