Judge again allows more time to seek Sapry indictment

LACONIA — A Superior Court judge has approved a second extension for the state to bring an indictment against Hassan Sapry, who has been charged with reckless second-degree murder in the death of Wilfred Guzman.

Guzman, 57, was found dead in his apartment on April 19, two days after he succumbed to “blunt and sharp-force trauma,” according to the charging document.

Under the order issued by Judge James D. O’Neill III on Monday, the state Attorney General’s Office now has until Dec. 5 to indict Sapry.

The latest extension was sought at the request of Sapry’s attorney, Mark Sisti, according to the motion filed by the  Attorney General’s Office, which prosecutes homicide cases.

“The defense has requested the state refrain from indicting the matter,” the motion reads in part.

An indictment is not an indication of guilt. Rather, it means that a grand jury believes there is enough evidence to bring the case to trial.

As part of the request, Sapry signed a waiver of speedy indictment on Tuesday.

Sapry was arrested on April 26, bringing an end to a three-day-long manhunt.

Under the state’s criminal justice rules, the court is required to dismiss charges if a grand jury does not formally indict a defendant within 90 days of the charges being filed. But four days before that first 90-day period would have expired, on July 29, prosecutors asked the court to extend the deadline until this past Thursday, when the Belknap County grand jury was meeting.

In requesting the second extension, the prosecution stated, “The state and counsel for the defense have been involved in preindictment discussions. … The defense has reported that he is currently investigating certain issues in this case and once that is complete the state believes that a follow-up investigation by the state may be necessary in order to determine the direction that a trial in this case may go.”

Both prosecution and defense believe they will have a clearer idea of how the case will proceed toward the end of this latest 90-day period, the motion states.

Both defense and prosecution attorneys have been in discussions about the case since earlier this summer, according to court records.

Investigators and the prosecution have not released any details about the alleged crime, and the affidavit spelling out the evidence which led to Sapry’s arrest is sealed.

Second-degree murder is potentially punishable by life in prison.

Police named Sapry as a person of interest in the case five days after Guzman’s body was discovered by an officer who went to his Blueberry Lane apartment for a welfare check at the request of a family member.

Sapry, who was born in Iraq and emigrated to the U.S. with his parents and older brother 13 years ago, entered a not guilty plea on April 29. He continues to be held in preventive detention at the Belknap County Jail. Though confined indefinitely, he reserved the right to ask the court to allow him to be released on bail in the future.