Hilliard case transferred to Nashua court

FRANKLIN — Merrimack County Sheriff Scott Hilliard’s drunken driving case has been transferred to Nashua District Court.

The move comes after Franklin District Court Judge Lucinda Sadler informed attorneys in the case that she believed there were conflicts which would prevent her from hearing the case. A hearing on the defense’s motion to suppress the evidence, which had been scheduled for Nov. 4, was canceled as a result.

Following a three-way phone call on Oct. 28 between Sadler, Hilliard’s attorney Jared Bedrick, and Tilton Police Department Prosecutor Jesse Renault-Smith, the two attorneys requested a change of venue.

“Based on the nature of the issue raised (during the conference call) it was felt that the case needed to be heard out of (Merrimack) the county,” Bedrick said Tuesday. The attorneys asked the case be transferred to a venue in Hillsborough, according to an agreement the two attorneys filed with the court on Nov. 1.

According to Carole A. Alfano, spokeswoman for the state court system, whenever a change of venue is granted the case is reassigned by David D. King, the administrative judge of the state Circuit Court system which includes District Courts. King assigns the case to a court which has time on its docket and does not have a conflict, she said.

Hilliard’s trial is now scheduled to take place on Thursday, Dec. 19. There will be no separate hearing on the suppression motion. Rather, the issues which Hilliard’s attorney raised in the motion will be considered during the trial, according to an order issued by Judge James H. Leary, who will hear the case.

Hilliard, 58, of Northfield, is facing charges of aggravated DWI, DWI, and having an open container of alcohol inside the car stemming from his arrest during the evening of Aug. 9 in Tilton. At the time of his arrest he had a blood alcohol level of 0.214 based on a breath test, according to the official police report.

Bedrick’s motion argues that because police never saw Hilliard behind the wheel of his car when it was parked at the 99 Restaurant – and also because Hilliard’s wife had driven to the restaurant and therefore could have driven her husband home – police had no cause to arrest him without a warrant. Having no justifiable reason to arrest Hilliard, the motion argues, any incriminating evidence police may have against him should not be admitted at any court proceeding.

Tilton Police Department Prosecutor Jesse Renauld-Smith has argued, however, Hilliard was arrested without a warrant because of the need to take a sample of his blood in a timely manner, which would not have been possible given the fact that the incident occurred in the evening, when locating and then contacting and judge and waiting for a warrant to be signed would have taken much longer than during normal business hours when the courts were open.