Bownes out of Plunkett defense

David Bownes has withdrawn as defense attorney for Michael Plunkett, the former New Hampshire State Trooper charged with child pornography, witness tampering, falsifying physical evidence and conspiracy. The state had asked the court disqualify Bownes from defending Plunkett, claiming that he had a conflict of interest because he once represented Plunkett's former girlfriend, who is the star witness for the prosecution.

In place of Bownes, Plunkett will be represented by Michael Iacopino of Manchester, president of the New Hampshire Association of Criminal Defense Lawyers. Last month, at a hearing on the state's motion to disqualify Bownes, Iacopino represented Bownes.

Melissa Pierce, Assistant Grafton County Attorney who is prosecuting the case against Plunkett, said yesterday that Bownes's withdrawal resolved the issues raised by the state. Plunkett's former girlfriend, who Bownes represented in a worker's compensation case, had formally objected when he was retained to defend Plunkett. In an e-mail accompanying Pierce's motion asking that Bownes be disqualified, the woman explained that because her relationship with Plunkett was "an adult sexual relationship I feel these two issues are too close together." The woman dismissed Bownes shortly before Plunkett was arrested.

At the hearing last month, Iacopino, referring to the New Hampshire Rules of Professional Conduct, argued that Bownes had no conflict of interest since the woman's worker's compensation case was neither the same nor substantially related to the criminal charges against Plunkett. Moreover, as a witness who would testify to matters of fact, the woman had no interests adverse to those of Plunkett. However, Justice Larry Smukler said he found Iacopino's arguments "a bit simplistic." He said that if Bownes represented Plunkett, he could make no reference to any information protected by his prior attorney-client relationship with the witness. Consequently, Smukler suggested that Bownes's ability to defend Plunkett by vigorously questioning the state's key witness could be compromised by his prior professional relationship with his girlfriend. Smukler said that he wanted to be told on the record that Plunkett understood that by retaining Bownes, his defense could be constrained. He asked Plunkett to consult an independent attorney before making his decision.

According to police, Plunkett's girlfriend was at his home where the two were seeking to retrieve a photograph on his computer.The woman told police that while they were searching, Plunkett inadvertently opened what she described as a pornographic image, but quickly closed it. Later, after Plunkett let the woman use his computer, she e-mailed the image to her computer and reported the incident to the Meredith Police. Later still police allege that the woman recorded Plunkett telling her to destroy her computer and not speak with police. When police searched Plunkett's home, they claim to have found a computer disc with allegedly pornographic pictures of girls under 16.