SUPERIOR COURT — The wife of a Belmont man who is allegedly to have sold heroin to a friend who died of an overdose is scheduled to appear in the Belknap County Superior Court Thursday afternoon.
At the request of Deputy Belknap County Prosecutor Carley Ahern, Kaitlyn Woodbury, aka Kaitlyn Millette, will be in court to determine if her potential testimony in the case against her husband will put her in danger of saying something incriminating about herself.
The state has identified Kaitlyn Woodbury as a relevant witness in the heroin overdose death of Michael Chamberlain on June 4 at Jonathan Woodbury's home.
Jonathan Woodbury is facing multiple charges, including one that he sold heroin to Chamberlain, who died as a result.
Included in several motions to suppress evidence submitted by Jonathan Woodbury's attorney Wade Harwood was a statement allegedly saying Kaitlyn Woodbury was overheard saying she deleted some text messages from Chamberlain's phone.
If true, any testimony she may give at her husband's trial has the possibility of exposing her to criminal charges. She has a Fifth Amendment right not to provide self-incriminating testimony and is not now facing any charges related to Chamberlain's death.
Harwood is also trying to get any evidence taken from Jonathan Woodbury's phone eliminated because he says there was nothing in the affidavits to suggest anything that happened between Jonathan Woodbury and Chamberlain occurred on the telephone but the Laconia Police detective who interviewed Jonathan Woodbury three days later seized his phone.
Four days after the detective took Jonathan Woodbury's phone, Belmont Police applied for a warrant to look at the electronic records associated with it.
He said Jonathan didn't give permission for his phone to be seized and police should have gotten a warrant before taking it, rather than four days after.
Harwood also says there is no connection between the phone and the Jonathan Woodbury's alleged actions regarding Chamberlain articulated in the affidavit for the warrant.
Harwood is also trying to suppress any statements made by Jonathan Woodbury to the Laconia detective because Jonathan Woodbury claims he was high on heroin when he was interviewed and was not coherent enough to understand the conversation.
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