LACONIA — A Belknap County Jail inmate is due in Superior Court this week when his lawyer will argue that he is being illegally detained and should be released.
A habeas corpus hearing has been scheduled for Thursday at which time a judge will determine if Paul M. Arold, 31, can remain in custody or should be set free.
According to the petition, Arold has been detained in the County Jail since June 22 when he was taken into custody on a fugitive warrant for violation of parole in Georgia. He was arraigned in Laconia District Court on June 24, and was ordered held without bail pending his return to Georgia.
Arold waived extradition at the time he was released on parole, according to the petition filed by his attorney, Peter MacKenna
Under the terms of the interstate compact which regulates the movement of probationers and parolees across state lines the longest a person can be detained is 30 days, the court filing states.
“Mr. Arold is entitled to release,” the petition states.
Belknap County Attorney Andrew Livernois said Monday he was still researching the facts of Arold’s case and as well as examining the rules and requirements contained in the Interstate Compact for Adult Offender Supervision. He said he would submit a written response to Arold’s petition prior to Thursday’s hearing.
Habeas corpus — Latin for "produce the body" — hearings are unusual in Belknap County because those petitions are typically brought by prison inmates and there are no prisons located in the county, Livernois explained.
MacKenna filed to motion in July to dismiss Arold’s case, but a judge in Laconia District Court ruled that he lacked the jurisdiction to dismiss the charge and that Arold’s only recourse was to file a petition of habeas corpus.
In the petition, MacKenna states that he has not been able to get authorities in Georgia to say when they would be arranging to have Arold returned to their state.