LACONIA – Defense attorney Mark Sisti laid the framework yesterday for a possible evidence suppression hearing for a Lakeport man who is charged with possessing nearly $44,000 worth of methamphetamine.
During the probable cause hearing held for Peter Dauphin, 42, of 19 Appleton St. Sisti cross-examined Laconia Police Officer Richard Carlson about the particulars regarding the traffic stop and the inventory search that ultimately lead to the discovery of some methamphetamine under the drivers seat of a car Dauphin was driving.
During a search warrant executed on his home, police found an additional 6.8-ounces of methamphetamine and $11,000 in cash.
Dauphin was charged by police after Carlson and his partner Ben Black said Dauphin accelerated through the intersection of Union Avenue and Clinton Street and squealed his tires while heading down Elm Street.
Carlson testified that they followed Dauphin who at times exceeded 50 miles per hour in the congested residential neighborhood. He said when he activated his blue lights on Sheridan Street, Dauphin stopped.
Carlson testified he was preparing to cite him for speeding and misuse of power when Black told him the plates didn't belong to Dauphin.
Dauphin told the police he had recently purchased the car and was still driving on the old registration. Sisti produced the title of the car in court yesterday that showed Dauphin had not taken legal control over the vehicle and was driving on the previous owners registration. Sisti noted the car was still owned by the previous owner.
Carlson also testified that he was told Dauphin lived within 200 feet of where he stopped on Sheridan Street and agreed to allow the car to be towed to his home. He said he knew Dauphin paid the the tow driver $150 to take the car to his house.
He said that department policy allows police to conduct an inventory search even if the car is not going to be taken to police impound and it was during the end of this search he allegedly found an opaque eye-glass cloth holder containing the methamphetamine.
He also testified Dauphin didn't give him permission to search the car and that Dauphin had locked it before walking toward his home on Appleton.
"So when a car is going to a man's house, you have the right to go through it?" asked Sisti, at which point City Procecutor Jim Sawyer objected saying the venue was wrong for what was ending up being a suppression hearing and the city police towing policy was irrelevant for probable cause purposes.
Judge Jim Carroll overruled his objection and allowed Sisti to continue.
Carlson also testified that when he pulled the baggie containing methamphetamine from the car, Dauphin asked him what it was.
Sawyer next called Det. Kendra Neri to the stand. She testified that she and Sgt. Christopher Noyes interviewed Dauphin after reading him his rights. She said he agreed to talk without a lawyer.
She testified Dauphin admitted the methamphetamine was his and told her where the rest could be found in his home. She said he told her he was a user who brought three to four ounces every few weeks or so to the area and sold it.
Neri also testified that the drug field tested positive in both cases for methamphetamine.
When Sisti tried to review the time of her interrogation of Dauphin with the actions of arresting officer Carlson, Sawyer objected again, telling Carroll he knew where Sisti was going and reiterated that they were there for a probable cause hearing not a suppression hearing.
Neri also said Dauphin had been on her radar for some time as a possible methamphetamine supplier in the city.
Carroll told Sawyer he wasn't going to dismiss the charge based on issues of suppression and Sisti was allowed to continue.
Carroll determined that notwithstanding the issues of suppression, he found probable cause to sustain the single charge of possession with intent to distribute and bound the case over to the Belknap County Superior Court for possible indictment by a grand jury.
Sisti also made a lengthy argument about the $100,000 cash-only bail for Dauphin saying that "unless there's a body in the back of the car" the bail is exorbitant.
Carroll said he was already aware of Dauphin's close ties to the community and that no guns were found during the search, but that he considers methamphetamine possession dangerous to the community.
"It's been seized," said Sisti, arguing Dauphin is less dangerous now than he ever was because if he posts bail he is likely to be heavily supervised and no danger to anyone.
Carroll reiterated that Dauphin was a danger to the community and Sawyer supported continuing the $100,000 cash-only bail, saying when he was arrested Dauphin had nearly $60,000 in cash and drugs allegedly in his possession.
Sisti said Dauphin could be waiting in jail for a suppression hearing that could cause the case to be dismissed while he had no guns in his possession, a home, a family and a business to run.
After deliberating for a few minutes, Carroll reduced Dauphin's bail to $65,000 — cash-only.
Last Updated on Wednesday, 06 May 2015 01:26
LACONIA — School Board Chairman Joe Cormier said last night that the district has engaged the services of the New England School Development Council (NESDC) to help it search for an interim superintendent.
He said the goal is to have an interim superintendent in place by the middle or end of June. He or she is expected to serve until a permanent superintendent is hired to start on July 1, 2016.
The pool of applicants for the interim superintendent will be reviewed, Cormier said, by a committee consisting of himself, Stacie Sirois and Scott Vachon. The entire board will make the final hiring decision.
Searches for an interim and a permanent superintendent are necessary because existing Superintendent Terri Forsten has accepted the superintendent's job with the Concord School District. Her last day in Laconia is June 30.
Cormier said the board has already begun the process of identifying characteristics and qualities the district would like to see in a interim school leader.
As the board begins its search in late June for a permanent replacement, he said there will be a committee formed that will consist of board members, staff, administrators and members of the community.
Last Updated on Wednesday, 06 May 2015 01:18
LACONIA — The Lakes Region community has taken sole ownership of its single largest charity fundraising event with the establishment of a nonprofit corporation — the Greater Lakes Region Charitable Fund for Children — which will own and operate the annual "Greater Lakes Region Children's Auction."
Mike Seymour, chairman of the board of the new corporation, announced the restructuring of the annual auction to more than 75 volunteers at the Opechee Conference Center last night.
The 5-day December auction raised a staggering total of $486,575 to be distributed to local organizations which aid children in need in 2015.
Throughout its 31 year history, the auction was effectively owned and managed by WLNH radio and known as the WLNH Children's Auction. The acquisition of the radio station by Binnie Media prompted a name change to the NH1 Children's Auction in 2015. And volunteers who donated hundreds of hours each year to the success of the event reassessed their relationship with the radio station, which ultimately led to formation of the Greater Lakes Region Charitable Fund for Children.
Seymour read a statement from Bill Binnie, president of NH1 Media, who said that Binnie Media, WLNH Radio, NH1 News and WBIN-TV are pleased to go forward as a "media partner for the Greater Lakes Region Children's Auction." The company was offered a seat on the board of Greater Lakes Region Charitable Fund for Children, but declined it in favor of acting as a media sponsor. Speaking for Binnie Media, Lee Kinberg explained that the company, in association with Binnie Family Charities, will direct its philanthropic activities to the markets it serves beyond the Lakes Region in the Concord, Portsmouth, Manchester, Nashua and Keene areas.
Although no commercial enterprise holds an ownership stake in the auction, the new board has not foreclosed the opportunity of offering corporate sponsorships to businesses willing to make significant contributions. But, no commercial entity will hold more than a single seat on the board of trustees.
Seymour said the auction will be recorded and streamed live on the Internet by Lakes Region Public Access television and aired by Metrocast Cablevision on Channel 12. Arrangements to broadcast the auction live on the radio have yet to be negotiated.
The trustees of the new nonprofit corporation are: Allan Beetle of Patrick's Pub & Eatery; Christopher Boothby of Boothby Therapy Servcies, who will serve as vice-chairman; Shannon Barnes of Metrocast Cablevision, who will serve as secretary; Bill Irwin of Irwin Marine, who is the treasurer; Sandy Cleary of CruCon Outlet; Edward Darling, a community volunteer; Ed Engler of The Laconia Daily Sun; Bob Glassett of Pella Doors & Windows; Cindy Hemeon-Plessner of Meredith Village Savings Bank; Erica Murphy of the Common Man Family of Restaurants; Dawn Phelps of Franklin Savings Bank; Larry Poliquin of Hannaford', Lindsay Cota-Robles of Bank of New Hampshire; and Sandy Marshall of LRGHealthcare. Rod Dyer of the Wescott Law office
is serving as general counsel.
Seymour said that the board of 15 expects to recruit a half dozen more members to bring its number to maximum of 21.
Beetle, a longtime mainstay of the auction and the founder and sponsor of "Pubmania", which raised $235,595 of last year's auction total, said "I'm really excited that the auction is locally owned and locally controlled and that the proceeds will be distributed locally."
Last Updated on Wednesday, 06 May 2015 01:04
LACONIA — A father and this 3-year-old son escaped unharmed when fire swept from the kitchen through their apartment on the ground floor of the ell attached to a large frame building at 728 Union Avenue in Lakeport just before 9 p.m. on Sunday night.
Scotty Gelinas said that he had heated his son some Spaghetti Os in a microwave and had begun cooking chicken and corn on the stove when he stepped outside to speak briefly with a neighbor. He returned to find his son pointing to smoke from the kitchen where he saw flames rising from the stove.
When firefighters arrived heavy smoke was billowing from the unit at the rear of the building. The fire was quickly extinguished and damage from the flames was confined to the single unit, though the remainder of the building suffered from smoke damage. Lieutenant Jay Ellingson, who was in command at the scene, said that prompt reporting of the fire enabled firefighters to knock it down quickly and limit the damage it caused.
However, Gelinas said that "we lost everything," pointing to blackened and gutted apartment. But, he added "that's all replaceable. My son is safe and he's irreplaceable." He was outfitting a camper parked on the apron alongside the building and awaiting the delivery of a porta-potty yesterday afternoon.
Laconia firefighters were joined by crews from Gilford and Belmont while units from Tilton-Northfield and Meredith covered the city. Laconia Police assisted at the scene along with a team from the Red Cross.
CAPTION: The charred kitchen of the small, ground floor apartment at 728 Union Avenue that was gutted by fire that began on a kitchen stove on Sunday night. (Laconia Daily Sun photo/Michael Kitch)
Last Updated on Tuesday, 05 May 2015 12:56
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