Judge gives prosecution more time in fentanyl-blowing case

LACONIA — The Belknap County Attorney’s office has been given up to two months to prepare for a second trial of an Alton man whose guilty verdict for blowing powdered fentanyl close to a police officer was thrown out by a judge.

Superior Court Judge James D. O’Neill III on Wednesday granted the continuance in the case of Eric Weil, 50, who was tried and found guilty in September of reckless conduct with a dangerous weapon.

In November, O’Neill set aside the guilty verdict, ruling that no evidence was offered at Weil’s trial in support of the prosecution’s contention that incidental exposure to fentanyl is potentially lethal.

Assistant County Attorney Adam Woods told O’Neill he needed another 45 to 60 days to prepare because the prosecutor’s office is working to obtain an expert witness who could potentially testify as to the toxic effects of casual exposure to fentanyl.

Defense attorney Harry Starbranch did not object to the continuance, and told the judge he planned to file a dispositive motion within 30 days.

Weil is accused of blowing a powdered substance, later determined to be fentanyl, close to Alton Police Officer Jameson Fellows.

Asked about his planned motion after the brief hearing, Starbranch said he did not want to comment outside of court about an ongoing case.

Generally speaking, a dispositive motion is a request asking the court to dispose — or dismiss — a case.

In setting aside the verdict against Weil, O’Neill also allowed for new a trial. The state Attorney General’s Office had the opportunity to appeal O’Neill’s ruling, but chose not to do so.

O’Neill told the attorneys he was considering scheduling Weil’s second trial for next week, but agreed to the continuance after neither attorney objected.

Belina McLin, Weil’s significant other, said after the hearing, “This (case) should have ended a long time ago. Something’s got to give.”