GILFORD — A former resort employee accused of raping, robbing and threatening a guest in May of 2014 has filed a notice that he may be offering an alibi as part of his defense.
The alibi defense was included in a package of preliminary pleadings filed in the Belknap County Superior Court on behalf of Douglas Fisher, 54, formerly of 51 Lake St. who is accused of entering a guest's room at The Margate, restraining her, and repeatedly raping her.
Public Defender Amy Ashworth said Fisher's alibi is that he was home in his apartment at the time of the assault.
Fisher had been indicted by a Belknap County grand jury for four counts of aggravated felonious sexual assault (forcible rape), one count of burglary, one count of robbery, one count of false imprisonment, one count of criminal threatening, and one count of sexual assault.
Gilford Police arrested Fisher in December of 2014 allegedly after some DNA taken from the alleged victim matched his that was on file in the federal system. Fisher was on probation at the time of his arrest and remains incarcerated in the Belknap County House of Corrections.
In addition and according to pleading Fisher's assented to request for money to depose a Gilford K-9 Officer, Ashworth said the track did not lead to Fisher's residence even though he lived on the property.
She said the officer was the first responder to the hotel and was the first to speak to the alleged victim who told him the man had been gone about 10 minutes.
As officers from Laconia responded, Ashworth said the K-9 officer began a search with his dog and asked the Laconia police to keep driving around the area.
The dog began in the hallway, exited the middle doorway and went into the parking lot. He worked around the back of the hotel along a fence that separates Shaw's Plaza and a portion of the hotel.
According to Ashworth the officer noted that the dog went toward a residence on the property but "did not appear to be tracking" and "never saw any clear signs of a track."
Fisher was said to have turned on his lights, opened his door and asked the officer what was happening. After learning Fisher worked at the hotel as a maintenance person, the officer asked him if he had seen anything suspicious and he said he hadn't, according to Ashworth.
Ashworth wrote that the officer and his dog continued their search that took them throughout the entire parking lot and then to Lake Street. She said the officer noted that the dog never showed signs of tracking and "it was clear to me that no one had fled the property on foot."
She said his report said as it began to get light, he made sure no one was hiding and found no one.
Ashworth said the deposition is needed because the officer, along with the state criminalist who tested the DNA evidence, are to be considered expert witnesses at Fisher's upcoming trial.
Fisher is scheduled to stand trial in June.
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