LACONIA — Judge Jim Carroll determined yesterday that a Bay Street woman charged with possession of heroin with intent to distribute it would remain in the Belknap County House of Corrections on $15,000 cash-only bail.
Carrie M. Conway, 34, of 19 Bay St. was charged July 24 after Laconia Police executed a search warrant at her home. Her probable cause hearing was held yesterday in the 4th Circuit Court, Laconia Division. She also faces one count of possession of heroin.
"It may be a sign I'm getting old but I always associated heroin with a skull and crossbones," said Judge Jim Carroll when Conway's attorney, Ted Barnes, asked for $250 cash-only bail coupled with high personal recognizance bail.
"I think $15,000 is conservative," he continued, adding the court takes all drugs very seriously and noting heroin's "seeming preponderance" in Laconia recently.
A probable cause hearing is not a trial but is a snapshot of the enough of the state's evidence such that a judge can determine if there is reason to justify further criminal proceedings. It is also a chance for the defendant to try and alter bail terms.
According to affidavits filed with the court and testimony of a city narcotics officer in court yesterday, Conway was arrested after police detained her minor son for whom they had gotten a warrant to search his person and home. The teen was picked up by police while riding his bicycle in a nearby parking lot. During the search, police found four small bags of heroin and $624 on his person.
Laconia Det. Chris Noyes said police got additional search warrants for Conway's person and home after finding the heroin on the teen.
Carroll said for the purposes of probable cause he gave great credence to Noyes's testimony that Conway allegedly told police she made "trips" or went to purchase heroin about every two days.
Noyes testified the amount of heroin seized in her home is more than what is used for daily consumption. He also said Conway lied to police when she initially told them the only heroin in the house was in her pocketbook.
He said after police found a safe under the bed, she admitted the four bags of heroin in it were hers. Noyes testified Conway gave police the safe combination.
Included in the things seized from the house was a set of scales. When Barnes questioned Noyes about evidence the scales belonged to Conway, Noyes said he didn't have any.
Barnes also questioned the validity of the search warrant because it listed an address different from 19 Bay St. Prosecutor Jim Sawyer argued it wasn't an element of the crime and Carroll agreed.
Conway lives in the apartment with her boyfriend, Jeremy Barton, 42.
Police charged Barton with one count of possession of methamphetamine. Barton was released on personal recognizance bail. He is facing a separate charge of possession of methamphetamine in the Belknap County Superior Court. His trial is scheduled for November of 2013, however he is scheduled to appear Monday after the Belknap County Attorney's Office filed a motion to revoke his bail.
Last Updated on Friday, 02 August 2013 03:20
TILTON — The Board of Selectmen last night decided to begin the "Pay-As-You-Throw" trash collection program on September 3, then met with more than two dozen residents to address their questions about the operation of the program only to find that some were unaware of the initiative and others opposed to it, while a few still had questions.
Pat Consentino, who chairs the Selectboard, said that the board decided earlier during its regularly scheduled meeting to start the program on September 3 and that postcards announcing the start date would be mailed either to all taxpayers or postal customers shortly. She said there would be a two week grace period before the requirement that all trash be contained in a specially marked purple bag purchased at local stores was strictly enforced.
Selectmen Joe Jesseman, who serves on the Recycling Committee, said that he was going to ask store owners to begin selling the bags tomorrow. He said that 15 gallon bags will be sold for $1 in lots of 10 and 33 gallon bags for $1.50 in lots of five. Bags will be available at Hannaford, The Store, Bryant & Lawrence Hardware, Smoke 'N Barley, Walgreens and the Winnisquam Market and Deli. Soon, Jesseman said, bags will also be sold at the Town Hall.
Marjorie Bonneville of the Recycling Committee explained that the panel had spent the last four years studying q variety of different options for reducing the cost of collecting, transporting and disposing of solid waste before recommending PAYT to Town Meeting March, where, with the support of the Selectboard and Budget Committee, it won the the approval of voters. "it's not a question of if we're going to do it," she said, "but when we're going to do it."
Almost at once the program was challenged by Kristen Vaughan, who said that she recently moved to Tilton from Concord where, she claimed, PAYT had led to a spate of illegal dumping, adversely impacted businesses and caused financial hardship. She said that by moving she expected to escape PAYT and was surprised to find Tilton introducing it. She asked how much information residents were given before the vote at Town Meeting.
Bill Riley, citing the example of an unnamed town that introduced PAYT only to abandon it when it led to illegal dumping, warned "it's just a program you can't control."
Several speakers said that residents who already pay for trash collection and disposal through property taxes will be paying twice by purchasing bags and asked how the program would reduce costs. Director of Public Works Dennis Allen estimated that by reducing the annual volume of trash by 600 tons, which costs more than $66.80 a ton to haul and dump at the Concord Regional Solid Waste Resource/Recovery Cooperative in Penacook, PAYT would reduce his department's budget by at least $40,000.
Without disputing Allen's estimate, Finance Director Tim Pearson said that he would be able to measure the financial effects of the program after it has been operating for several months.
A couple of men complained that town officials had done a poor job of informing residents about the advent of PAYT. Reminded by Town Clerk/Tax Collector Cindy Reinartz that it was presented, discussed and voted at Town Meeting in March, one man asked "what Town Meeting?"
When another echoed the first, Bonneville said "we used every means we could think of to communicate," referring to the local newspapers, town website and public meetings. "We can't spoon feed everybody."
She was seconded by Jesseman, who said that short of knocking on every door, the Selectboard and Recycling Committee had done their best to provide residents with information.
"I have to give them credit," said Jerry Davis in support of the selectmen and the committee. "They've worked their hearts out. Let's go for it."
Last Updated on Friday, 02 August 2013 03:17
Four generations of Harry Beans have volunteered to help finish restoration of the former Gilford Outing Club warming hut off Cherry Valley Road. From left to right are Harry Bean II, Harry Bean III, Harry Bean IV and Harry Bean V. Louis Sousa (far right) is one of Harry III's and IV's employees. In front is Sarah Anderson, the teenager who began fundraising for the historic restoration when she was 10-years-old. (Laconia Daily Sun Photo - Gail Ober)
Last Updated on Friday, 02 August 2013 03:13
LACONIA — Belknap County Attorney Melissa Guldbrandsen said yesterday her office didn't prosecute the young woman charged with firing three shots from a Belmont home in the direction of three separate police officers because doesn't think the woman did it.
Guldbrandsen said Diamond Morrill, now 23, was likely under the influence of an male adult in the home who was tried in 2011for criminal restraint and unlawful possession of a gun.
Morrill pleaded no contest in court Monday to one count of endangering the welfare of a child for firing a gun while a child was in the house and one count of resisting arrest. Judge Kenneth McHugh found her guilty.
"I know she said she did (fire a gun)," Guldbransen said, adding Morrill also said she slept through the whole incident, which involved police talking on bullhorns and emergency lights flashing for hours. "Who could sleep through that?"
Morrill was given two 2-to-4 year sentences in prison all suspended on good behavior. The charges can be brought forward within seven years and she is on probation for two years.
Morrill was one of three adults inside a home on 697 Union Road on September 3, 2010 when members of the Joint Belknap County U.S. Marshall's Team came to arrest Christopher Kelly on a outstanding warrant just before 11 p.m.
He was convicted of resisting arrest however a judge refused to allow the most serious charges — criminal restraint and being a felon in possession of a handgun — to go forward.
The ensuing standoff lasted about seven hours and around 3 a.m. three shots were fired from a handgun. The three rounds came close to three separate police officers who were members of the Belknap County Special Operations Group who had surrounded the home to see if they could convince Kelly and Morrill, who had Kelly's girlfriend's daughter in the home with them, to surrender.
Each of the three officers testified at Kelly's trial that they heard the bullets come through the leaves. Two testified the bullets narrowly missed them and they had heard the rounds go past them. None of them could say who fired the gun.
Once daylight broke, Kelly and the little girl came out of the house and Morrill was found wrapped in a blanket and asleep on a mattress in a barricaded back bedroom. The gun was found next to her in the bedroom but no ever testified that they say who fired it.
Although Guldbrandsen didn't mention them yesterday, court records said Morrill also had some mental and emotional issues and the court at one point had determined she was unfit to stand trial. This past April, she was deemed capable of understanding the charges and assisting her attorney.
At her sentencing on Monday, Morrill told McHugh she was taking her medication as prescribed and understood what was happening in court.
Last Updated on Friday, 02 August 2013 02:10
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