Alleged arsonist remains in Belknap jail ahead of trial, lawyer wants move to Grafton

Cody Cross will remain in Belknap County Jail ahead of trial for charges he allegedly burned his own house down, despite efforts by his attorney to move him to Grafton County, where he faces additional charges.

Cross, 27, of Ashland, has three separate, but related, cases: one in Belknap Superior Court, and two in Grafton Superior Court. He was indicted for five felonies, and waived the formal reading of charges in both courts. Dispositional conferences are scheduled for Sept. 14, in Grafton Superior Court, and Sept. 24, in Belknap Superior Court. 

Attorney Adam Hescock, of Marsicovetere & Levine Law Group in White River Junction, represents Cross in the Belknap County case, and one case in Grafton County, where Cross was indicted on arson charges.

Cross was scheduled to appear in Belknap Superior Court on Aug. 7, related to felony charges of possession of a controlled drug and two counts of misdemeanor criminal threatening and stalking. Hescock appeared remotely, a few days before the scheduled date, from his White River Junction office, and Cross from the jail, for the closed-door hearing.

Hescock requested Cross be transferred to Grafton County Jail for convenience, as the majority of charges he faces are filed in Grafton County. Hescock admitted it was an odd request, but said Judge Elizabeth Leonard was willing to move Cross. Hescock said Belknap Deputy County Attorney Erin Barnes objected. Leonard decided to hold Cross in jail “due to the nature of the charges.”

“We did not oppose the request to hold him on preventive detention,” Hescock said.

A voicemail left with Barnes was not immediately returned.

An indictment is not an indication of guilt. Rather, it is a finding by a Grand Jury that enough evidence of an alleged crime exists to warrant bringing a case to trial.

Hescock said he was assigned to this case as “ad hoc counsel," and he has cases in Belknap, Grafton, Cheshire, and Coos counties. Due to the number of cases and locations, he requested to appear remotely on Aug. 5. He thanked the court for accommodating his request to do so.

Court records show Hescock was allowed to appear remotely as he was preparing for a “serious jury trial” scheduled for Aug. 18, in Cheshire Superior Court, and appearing remotely would save three hours of travel time.

Cross waived a formal reading of charges set for Aug. 10, in two felony cases. One is for felony arson of an occupied or historic structure; criminal mischief; and reckless conduct with a deadly weapon charges, for which he was indicted on July 17. Later, on July 29, a misdemeanor charge of driving under the influence was added.

Hescock is representing him in the case, but said, Aug. 7, he has “not yet” been assigned to another case in Grafton Superior Court about felony witness tampering.

Hescock said the process is complicated, since the cases are related, but in different courts. Cross is in Belknap County Jail because he was arrested first in Meredith. Charges in Ashland, which is part of Grafton County, followed. Hescock will file a request to transfer Cross to Grafton County.

3 cases

Meredith Police arrested Cross in April, following an investigation into a suspicious fire on Cross Road in Ashland. He owns the home there with his sister, according to court documents.

Court records show Meredith Police received a phone call from fire investigator Matt Wilmot of the state Fire Marshal’s Office on April 21. He said while investigating the fire, Cross was found to be threatening his ex-girlfriend through text messages on April 17. The messages threatened to harm or kill her, and asked a friend of hers to share them.

A second round of messages directly from Cross was sent through Facebook Messenger on April 21. Then, on April 22, the ex-girlfriend told police she saw Cross drive through her parking lot at 3:35 a.m., and park behind her car, then leave. She was afraid he was looking for her, after she told police she kept her new address secret.

Cross was taken into custody at 1:36 a.m., on April 26, in Center Harbor. When he was booked at Belknap County Jail, a bag containing suspected methamphetamine was found in his pocket.

That day, Cross was also charged for arson on April 1. Wilmot found evidence to show the fire was set intentionally. He also found pre-fire damage at the home, and two distinct areas of fire origin, as well as suspected accelerants, like a charred paper towel on oil-covered hay, next to a heating oil storage tank.

Cross originally appeared in Plymouth District Court, on April 27, by video for a first reading of charges, then in person, on May 8, for a probable cause hearing. Ashland Police Lt. Nicholas Raymond and Wilmot both testified there at length.

The Grafton County cases are being prosecuted by Paul Fitzgerald of the Grafton County Attorney’s Office, who did not respond to a voicemail.

The prosecution requested Cross be held in jail pending trial, approved by Judge John Katsirebas, who found probable cause Cross burned the house down.

Dispositional conferences for the two Grafton County cases have been scheduled for at 10:30 a.m. on Monday, Sept. 14.

Another dispositional conference is scheduled for at 8:30 a.m. on Thursday, Sept. 24, in Belknap Superior Court.