Brunette will ask that charges against Tom E. be dropped

Attorney Peter Brunette will appear in Laconia District Court today to ask that some 30 criminal charges pending against Tom Emanuel be dismissed on the grounds that he is not competent to stand trial.

Last month Judge Paul Lawrence of the Concord District Court dismissed more than 40 pending charges, including several felonies, against Emanuel in that city, some which dated back to April 2002.

Emanuel has been diagnosed with bipolar disorder. A year ago he was committed to New Hampshire Hospital for five years, subject to conditional discharge. He has been conditionally discharged on several occasions, only to run afoul of the law time and again.

Most recently Emanuel was taken into custody early Saturday morning after allegedly discharging a fire extinguisher and defacing a restroom at Goodfellas Tavern on Main Street. Police Chief Tom Oetinger said that Emanuel covered the walls of the restroom with threats and profanities. Emanuel was taken to Lakes Region General Hospital then returned to New Hampshire Hospital in Concord by the Belknap County Sheriff's Department.

Brunette said yesterday it is not clear whether Emanuel will appear in court today, but added that "as a practical matter we can proceed without him." Brunette will maintain, as he did before the Concord District Court, that Emanuel was found not competent in November 2003 and that the burden of showing that he has been restored to competence falls on the state.

City Prosecutor Jim Sawyer indicated that he would not object to dismissing the charges incurred prior to November 2003, when Emanuel was found not competent, but will argue that all subsequent charges remain outstanding. Brunette insists that the issue is not the timing of the charges, but the competency of Emanuel.