Atty. asks for more time to file Chandler appeal

CONCORD — A lawyer is asking for more time to prepare the appeal of Keith Chandler who is serving a 20- to 40-year sentence for sexually assaulting his stepdaughter when she was a youngster.

Chandler, formerly of Belmont, was convicted in April on five counts of aggravated felonious sexual assault, two counts of attempted aggravated felonious sexual assault, and two counts of felonious sexual assault. He was sentenced in Belknap Superior Court the following month. In June, his trial attorney appealed the conviction to the state Supreme Court — the state’s only appellate court.

Attorney Thomas Barnard, of the Appellate Defender Program, asked the Supreme Court for a 60-day extension to file the written argument outlining the reasons Chandler’s conviction should be overturned. Barnard filed the request for the extension on Monday, which was the deadline for filing the document — or brief.

Barnard said he needed the additional time because of the demands of the six other appeals cases he is currently handling.

The Appellate Defender Program handles most of the criminal appeals for indigent clients in the state.

Under Supreme Court rules, each side in an appeal can be granted up to two extensions for filing material with the court. The state solicitor general is agreeable with the extension, Barnard’s request says.

Once Barnard files his brief, the Solicitor General’s Office will get 45 to 60 days to file its brief.

Chandler was convicted after a 3½-day trial during which his stepdaughter, Jessica Washburn, testified that Chandler had sexually assaulted her in various ways when she was between the ages of 11 and 16.

The Laconia Daily Sun does not normally disclose the names of sex assault victims, but this past summer, Washburn contacted the paper, saying she wanted to tell her story on the record.

Washburn’s mother and Chandler’s wife, Heather Chandler, has said she continues to believe her husband never sexually assaulted Washburn.

The notice of appeal, filed in June, includes documents relating to Judge James D. O’Neill III’s ruling denying the defense’s motion to bar an exchange on a social networking site between Chandler and his victim from being introduced as evidence during the trial.

The Facebook Messenger screenshot was of one of a number of texts Chandler allegedly sent to the victim. The victim said Chandler sent her “inappropriate things” to her Facebook Messenger account.

The defense had sought to have the screenshot excluded from being shown at trial because the prosecution did not give the defense adequate advance warning that the evidence existed, because it could not be authenticated, and because it was overly prejudicial toward the defendant. The defense further argued that, if the screen shot were to be shown at trial, it should be admitted only if the entire Facebook Messenger exchange between Chandler and the victim were to be admitted.