By GAIL OBER, LACONIA DAILY SUN
LACONIA — A local man charged with rape, whose bail was revoked due to his alleged sale of a single suboxone strip to a city police confidential informant, is questioning whether that informant is one of the people scheduled to testify against him in his rape trial.
The court has already denied a previous request from Randy Nadeau, 33, formerly of 153 Union Ave., who had asked for the identity of the informant for the purposes of bail revocation only.
Now Nadeau has filed a second request to the court for the information, saying that if the informant is a witness in the upcoming trial, he has reason to question her motive for reporting he raped her daughter and for setting up the drug sale just to keep him in jail.
"If the state is willing to put it on the record that the confidential informant is not (a key witness) I will withdraw my motion," said his attorney, Eric Wolpin, Monday during the court hearing.
Nadeau was indicted by a Belknap County grand jury on six counts of sexual assault, alleging he had improper contact with a girl whose age was under 13.
He was ordered held on $5,000 cash bail, which he posted. As part of his bail agreement, he was ordered to stay away from his alleged victim, that he remain free of alcohol or non-prescribed drugs, and that he avoid any negative contact with the police.
Because of the alleged sale of suboxone to the informant, Nadeau was sent back to jail with a no-bail status. His trial for the alleged sexual assaults is scheduled to begin in two weeks.
According to the most recently filed motion, the sexual assault complaint against Nadeau was filed shortly after his ex-girlfriend and the mother of the alleged victim learned he was seeing someone else. Her report to police said she and Nadeau were arguing and he left with another woman. The mother said that after Nadeau left the home, the victim told her about the alleged assaults.
The girl was interviewed by professionals at the Child Advocacy Center who determined she was allegedly sexually touched approximately once a year over a four-year time span.
"The defense has significant concerns that the (informant) who allegedly set up the drug deal is the same person who initially made the (sexual assault) report to the police," wrote Wolpin, adding she had motive to falsely accuse Nadeau and have her daughter do the same thing.
He said that if the mother was the person who set up the alleged sale of the suboxone, then her vested interest would cast a shadow on the motive and truthfulness as a witness.
Prosecutor Adam Wood said that the alleged sale of suboxone took place six months after the rape accusation so there was no motive on the part of the alleged victim's mother.
Wood told the court that he would not reveal the informant, but said that Wolpin's motion is, in effect, creating a "trial within a trial" and he doesn't see the relevance of it.
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