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Franklin woman arrested for cruelty to animals in Sanbornton

SANBORNTON — A Franklin woman has been charged with one count of cruelty to animals after police and inspector for the New Hampshire Society for the Prevention of Cruelty to Animals received a report on an emaciated animal on Tower Hill Road.

Mariska Giunta, 57, of Lakeshore Drive in Franklin is free on $500 cash bail and has a court date of July 14 in the 6th Circuit Court, Franklin Division.

Because of the poor condition of the horse, a veterinarian was called and the horse, that was over 30 year old, was euthanized on April 23.

The investigation revealed that the horse hadn't been seen by a veterinarian in three years and had not has his teeth floated – a process that vets use to file down teeth to enable them to bite and chew grain for nutrition.

The horse also had a heart murmur.

Police located the horse on the Giunta property on Tower Hill Road.

Mariska Giunta turned herself into Sanbornton Police on June 7.

Last Updated on Tuesday, 10 June 2014 01:57

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Jury hears closing arguments in Tilton rape case

LACONIA — A superior court jury is expected to begin deliberations today in the case of a former Tilton man accused of having oral sex with a disabled man.

The case of Thomas Gardner, went to the jury after closing arguments Monday, capping a week-long trial in Belknap County Superior Court.

Gardner's lawyer told the jury that his client was being falsely accused of a crime by two career criminals whose purpose for being at Sherryland Park in Tilton on Jan. 17, 2013 was "no good."

"They were trespassing," defense attorney Wade Harwood said. "They were sneaking around. They had no right to be there and that's why they had a motive to lie."

Gardner, 57, is charged with one count of aggravated felonious sexual assault and one count of indecent exposure or lewdness.

Harwood emphasized for the jury the criminal record of Mark Corente – the man who initially called 9-1-1. He said he has two convictions for lying to police about a crime in and one for lying about his identity to get services from a hospital without paying for them.

He also tried to poke holes in the Tilton Police Department's investigation, saying that the one detective who testified really didn't do much of an investigation. Harwood said Det. Nathan Buffington's entire investigation — which included an interview with Corente, one with Joseph Ernst who was with Corente, and a visit to Sherryland Park — lasted about 15 minutes.

He noted that Buffington testified that he never checked Corente's criminal record nor did he ask why Ernst was on probation, even though Ernst told him he was.

Harwood pointed out what he said were inconsistencies between the stories the two men told as well as inconsistencies between what each man initially told police and what they testified to in court.

As to what Ersnt said he saw, Harwood took a chair and demonstrated that if he was standing outside the car like he said he was, then he never could have seen what he said he saw – a man with an erect penis receiving oral sex from what he thought was a boy.

He also noted for the jury that when he saw what he alleged, he made no effort to stop it, but only asked if Gardner knew anything about any trailers for sale.

Harwood also said that both Ernst's and Corente's testimony about seeing the trailers for sale on line was fabricated because both the former owner and his property manager said there were never any advertisements for trailers for sale. The owner testified that in January 2013 the entire park was subject to a purchase and sales agreement that included all of the empty trailers in it.

Deputy Belknap County Prosecutor Carley Ahern told the jury that when all of the pieces of the puzzle are put together they would come determine Gardner was guilty.

Ahern said the two didn't know him and rather than make up a story, risked calling attention to themselves by reporting what the saw to the police.

As to some discrepancies in their testimonies, Ahern said, "They're probably not the smartest guys."

As to Corente, she reminded the jury that he "came before them as a felon" and likely his witnessing a sexual assault by someone he thought was a man upon a child led him to put aside his own past behavior.

She said they were both cooperative with the police.

Ahern also said that both of them described the alleged victim, and Corente said it's a face he will never forget. Although neither recalled he had a mustache, she said it wasn't a thick conventional mustache.

She said Gardner admitted he was there with the alleged victim.

"The defense would have you believe they concocted a story," Ahern said, noting they called the police immediately when it became practical.

She said Corente's and Ernst's stories about what they saw in the car would be different because Corente saw what he saw from the driver's seat, while Ernst got out of Corente's car and approached Gardner's vehicle.

As to the claim of indecent exposure, she said Gardner was exposed in a public place in the middle of the day.

"He put himself in that position," she said.

"The defendant did what he needed to do to gain (the alleged victim's) trust," she said.

"This was a horrible crime and I've given two witnesses to it," she said in closing.

The jury began deliberations at 3:45 p.m. and recessed shortly after that. Deliberations begin again at 9 a.m. today.

Last Updated on Tuesday, 10 June 2014 01:36

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Man dies after being struck by mini-van on South Main St.

LACONIA — A 82-year-old man in a motorized wheelchair who was struck by a car while crossing South Main Street Saturday has died.

According to Laconia Police, John Giuffrida, no address given, died of his injuries while at Dartmouth-Hitchcock Medical Center in Lebanon. Giuffrida was taken there because of the seriousness of his injuries.

Police said Giuffrida was crossing South Main Street around 2:45 p.m. Saturday in front of Vista Foods when his motorized wheelchair was involved in a collision with a mini-van being driven by Claire Haynes of Belmont, police said.

The accident is under investigation. Police said they are gathering information from video cameras from Meredith Village Savings Bank and Vista, as well as eyewitness accounts.

It is not known if Giuffrida was in the cross walk when he was struck.

Police are asking anyone who may have witnessed the accident to call the Laconia Police Department at 524-5252.

Last Updated on Tuesday, 10 June 2014 01:25

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'Buddy Benches' dedicated in Lily Johnson's memory

LACONIA — Two Buddy Benches were dedicated in memory Lily Johnson at Woodland Heights Elementary School Monday afternoon in a ceremony in which purple and blue, Lily's favorite colors, were prominently displayed and her favorite phrase, ''It's always sunny above the clouds,'' was fondly recalled.
Johnson was 14 years old when she died from injuries suffered after being hit by a car while walking on the Messer Street Bridge on April 19, 2013. At the time of her death she was a student at Laconia Middle School. But before going to Laconia Middle she attended Woodland Heights.
Michelle Plourde, whose husband, David, built the benches, coordinated a project to have a Buddy Bench installed which dovetailed with the efforts of another teacher, Jess Ortolf, who worked with fifth grade student leaders on a similar bench project.
''It was the perfect merger,'' said Ortolf, who said that school staff wanted to find a way to memorialize Lily and thanked David Plourde for his work on the benches and Boulia-Gorrell Lumber Company for donating the cedar wood used to build the benches.

Ortolf had members of the student leaders group lead the assembled students in a Buddy Bench pledge which concluded with the words ''It's cool to be kind,'' a sentiment which Ortolf said Lily embodied in her interaction with other students.

Plourde, technology teacher at the school, said that Lily was the kind of person who was fun to teach and to be around and would have been the first to invite other students to share the bench with her.

Attending the ceremony were Lily's mother, Bethany Davis; Lily's brother, Keegan; and her grandmother, Sue Fleming.

Davis said that the last year has shown her what a compassionate and caring community Laconia is, and thought that the dedication was ''a beautiful ceremony. This is an amazing city.''
Fleming said that Lily would have been pleased to have the Buddy Benches installed in her memory.
''Lily will be sitting next to whoever sits on that bench. Her spirit is there,'' said Fleming.

Last Updated on Tuesday, 10 June 2014 12:43

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