Police interview challenged in Tilton drug death

By GAIL OBER, LACONIA DAILY SUN

LACONIA — A judge will decide whether or a Northfield man waived his constitutional rights to a lawyer and against self-incrimination during his statements to police regarding his alleged sale of heroin/fentanyl to a 21-year-old Tilton man who died after taking the drugs.

Brian Watson, 51, of Northfield is charged with a single count of sales of heroin/fentanyl with death resulting. Police say he sold Seth Tilton-Fogg the drugs that killed him on April 2, 2015.

In a two-hour hearing on Wednesday, a defense attorney representing Watson, 51, argued that his client never properly waived his rights to an attorney or to not talk with police and he only agreed to sit with them and listen to what they had to say.

"Understanding his rights and waiving them are two completely different things," contended attorney Mark Sisti, who spoke briefly after the hearing in Belknap County Superior Court.

Sisti also argued that Watson was never told by police that he was being questioned about a death, but was only told he had been arrested for the sale of drugs.

"It's like arresting someone for shoplifting and then asking him about a homicide," Sisti said, adding that not telling Watson about the real charges he was facing also violated his constitutional rights.

Watson was arrested on May 8, 2015, by two Tilton Police detectives and was told he was charged with sales of drugs.

Detective Bryan Kydd-Keeler testified he read Watson his constitutional rights from a card he carries with him after he arrested Watson in a traffic stop on School Street. Detective Nathan Buffington, who conducted the actual interview, said he didn't hear Watson's actual responses along the side of the road, but before questioning him in the interview room he asked Watson if he still understood his rights and said Watson replied "Yes."

Both detectives testified Wednesday that they didn't tell Watson he was being interviewed about the death of Tilton-Fogg. Both also said they never directly asked Watson if he was willing to waive his constitutional rights and both said they didn't use a written form that could have been given to him that requires a check mark for each of his Miranda Rights and a signature at the bottom.

Buffington said that when Watson was leaving the booking room on his way to the interview room, Buffington asked Watson if he would be willing to talk to him. Watson said he wasn't sure, but went forward with the interview without coercion or threats.

During the hearing, Assistant Prosecutor Carley Ahern played the entire police interview with Watson for the court. The victim's family wept as they heard police ask Watson questions about his life, then drugs sales and then about their son.

Watson told police that he was an out-of-work mechanical engineer who took to selling drugs because he couldn't pay his bills. He also told them about meeting Teanna Bryson, who he said was a heroin addict who got him into both using and selling drugs.

When the interview turned to Tilton-Fogg, Buffington told Watson he had all of the text messages he had sent or received, including one from Bryson to Watson that said that their drugs had killed Tilton-Fogg. Watson texted back to not discuss it.

During the interview, Watson said he had heard someone else's dope had killed him, but when Buffington told him that Tilton-Fogg died with his phone in his hand and that he was trying to reach Watson, Watson said he told him to be careful and to not overdo it.

"I hate the fact that he died," Watson said.

"What message can I send to (Tilton-Fogg's mother)?" asked Buffington, pressing Watson, who admitted to selling him heroin on multiple occasions. "So if he had followed your instructions, he wouldn't have died?"

When Buffington told Watson that police knew he sold more drugs within 30 seconds of learning that Tilton-Fogg had died, Watson replied that it was news to him that it killed him.

Jury selection is scheduled for Aug. 1. The trial is scheduled to start Aug. 3 and last for 10 "Belknap County days," meaning that the entire day will not be taken up with it and the court will conduct other business.

As of this writing, there is still the unresolved matter of Bryson, who failed to appear for any scheduled hearings regarding her rights to self-incrimination.

Sisti said that if she can't be found, the text messages between the two cannot be authenticated and should not be allowed into evidence. Ahern said that a subpoena has been issued for her appearance and she is confident Bryson will be available for trial.

Motorcycle Week assessment: It was an uneventful event

City officials say all went well; making it shorter is not feasible

By MICHAEL KITCH, LACONIA DAILY SUN

LACONIA — When the Motorcycle Technical Review Committee met yesterday to review the 93rd running of Motorcycle Week last month city officials agreed that the rally came and went without significant incident, apart from the deficit left to the city for the cost of providing safety and emergency services for LaconiaFest.

City Manager Scott Myers said that the event passed "not quite on auto pilot but very close"and congratulated city employees for their handling of the complex logistics and large crowds.

"The city departments did everything we expected of them," echoed Charlie St. Clair, executive director of the Laconia Motorcycle Week Association. "Overall everything went very well."

Police Chief Chris Adams said that his officers made some 70 arrests in the course of the niine-day event, , but encountered no serious incidents. He said that the number of officers deployed during the rally has been reduced out of awareness of concerns about "over policing." Captain Matt Canfield said that state officials augmented the number of New Hampshire State Police at the event as a precaution in the wake of the shooting in Orlando, Florida where 49 people were killed and 53 were wounded on June 12, the day after the rally opened. But, Adams said that troopers were deployed on the periphery of The Weirs rather than at the "epicenter" of the event.

Myers said that he heard some suggest that at nine days the rally lasted too long and could be shortened to four or five days without diminishing the event. However, Bob Wolfe of Faro's Italian Grille and the Laconia Roadhouse, which hosts numerous vendors and an entertainment venue, said that a shorter event would not financially feasible. Myers assured him that no one was contemplating restructuring Motorcycle Week, which in any event would require a lengthy process.

Myers explained the problem at LaconiaFest arose when the actual attendance fell far short of the numbers the promoters projected, on which the city based its staffing of police officers and firefighters. Moreover, the promoters failed to escrow the funds to defray the estimated expenses. Although staffing was reduced to match anticipated numbers, its was difficult to to project attendance as the promoters offered free and reduced admission. Myers said that he calculated that shutting down the concerts would have an adverse impact on both the city and the rally and took responsibility for the deficit that left the city $63,130 out of pocket. City Councilor Bob Hamel (Ward 5) was quick to say that the council was regularly apprised of the situation and that the onus should not fall on Myers alone.

Car crash in Laconia attributed to possible double overdose

LACONIA – A 19-month-old child was uninjured after both the driver and the passenger of the car the child was in allegedly overdosed while the car was in motion.

The car, driven by Katie O'Shea, no age given, of Meredith, crashed on Roller Coaster Road Tuesday at 7:45 p.m.

Police said Laconia firefighters were first on scene and had administered Narcan to both O'Shea and her passenger.

O'Shea was charged with one count of aggravated driving while intoxicated for having a minor in the car and one count of endangering the welfare of a child.

She was released on $2,000 personal recognizance bail and is scheduled to appear in the 4th Circuit Court, Laconia Division on Aug. 8

Anyone who witnessed the crash or who has any information is asked to call the Laconia Police at 524-5252.

– Gail Ober

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