Judge dismisses theft case for lack of evidence

ALTON — The trial of a Moultonborough man charged with felony theft ended when the judge dismissed the case for lack of evidence.

Superior Court Judge James D. O’Neill III dismissed the case against Otto Keller, 36, of Holland Street, in Moultonborough, who was on trial for theft by unauthorized taking. Keller had been accused of taking a sound system and video doorbell from an Alton home.

When the prosecution finished presenting its case on Wednesday it requested that the charge be reduced from a felony to a misdemeanor. But O’Neill dismissed the case altogether, saying the charge against Keller could not be substantiated by the evidence that had been presented.

In his order O’Neill wrote, “The evidence elicited at trial in a light most favorable to the (prosecution) that same has not produced sufficient evidence to submit this matter to a jury.”

Prior to the trial Keller’s attorney made a motion to exclude the speakers from evidence at the trial. The motion stated that, after the items were reported stolen, they turned up in a Manchester pawn shop and were subsequently turned over Alton police. However, Alton police “mistakenly” allowed the homeowner to reclaim the items, the motion stated. This, according to the motion, broke the chain of custody.

In practice, evidence that is expected to be introduced at a trial is supposed to be in the custody of a police officer, detective, evidence clerk, or officer of the court, and authorities are required to keep a detailed written record of anyone who has custody of that evidence.