Judge reluctantly accepts plea agreement with Brett Phillips

Brett Phillips, who was apparently intoxicated when he drove his motorcycle off the road and across the double-yellow line during last year’s Motorcycle Week — killing his passenger and injuring two other women — could be released from prison in as little as two years as part of a negotiated plea deal.

At a hearing in Belknap County Superior Court on Wednesday, Phillips pled guilty to negligent homicide, a felony that carries a recommended sentence of three-and-a-half to seven years in the state prison, and two assault charges for which he could serve consecutive two-to-four years.

However, the assault charges could be suspended and Phillips could apply for his minimum sentence on the felony charge to be suspended after serving only two years in jail.

“This is a fairly reasonable sentence from the defendant’s point of view,” said Judge Harold Perkins.

Assistant County Attorney Lori Ann Christmann told the judge that her office agreed to the deal because there were some problems with evidence in the case.

“It’s not a deal I’d take lightly,” Perkins said to Phillips. “In fact, if not for the state’s problems with evidence in this case I probably wouldn’t do this. There’s no other reason. Because what you did was outrageous.”

“Yes, your honor,” Phillips responded.

Phillips, 38, of Peabody, Mass., entered the court wearing a long-sleeve striped shirt, green cargo pants and black sneakers. Before the judge entered, he communicated briefly with four women — two young and two older — who sat behind him during the proceedings.

Later, the parents of the deceased victim and one of the other victims entered and sat in another section of the courtroom.

The hearing on Wednesday was originally scheduled to be about five Motions to Suppress Evidence filed by Phillip’s attorney, Kent M. Barker of Nashua.

Instead, attorneys Barker and Christmann presented the negotiated plea. It called for some jail time, some time suspended for good behavior — and a more serious negligent homicide charge, which could have resulted in seven-and-a-half to fifteen years in prison, to be put aside by the court.

During the hearing, more details of the incident on June 15, 2004 were revealed.

Christmann told the judge that around 8:30 p.m., Laconia Police responded to requests for assistance on Route 3 near Funspot, where bikers gathered during Motorcycle Week. When they arrived, they saw a red Toyota pickup truck with damage to one side and a woman underneath it and Phillips on the side of the road near a damaged motorcycle.

After some investigation, the police determined that Phillips had apparently driven over the fog line on the side of the road and hit two women, Valerie Lennon and Denise Hugli, who were walking in the area. Phillips had then gone back onto the road, but crossed over the double-yellow line and ran straight into the pickup truck.

The passenger on Phillip’s Harley-Davidson, his ex-wife Cindy Phillips, 34, of Nashua, somehow wound up under the truck. She was taken to Lakes Region General Hospital where she was later pronounced dead.

Both of the living victims are still suffering from injuries received in the crash, Christmann told the court.

Phillips was also taken to LRGH by ambulance and that’s where some of the problems began for the state’s case.

In his five Motions to Suppress Evidence, Phillip’s attorney Barker claimed that a Laconia police officer overheard some comments Phillips made to a nurse during an examination that could have prejudiced the investigation.

Barker also asked the court to toss out some information gathered at the hospital because Phillips was under the influence of a painkilling drug that might have impaired his ability to make good judgments about consenting to searches of his property.

What may have been most troubling for the county’s case, however, was the lawyer’s request to have the blood alcohol level report tossed out because the sample was apparently destroyed at the state lab. The law allows a second blood test to be done by an independent agent.

On Wednesday, Christmann told Judge Perkins that Phillips admitted to drinking two beers the night of the accident, but said that questions about the evidence was the reason her office agreed to the plea deal.

Perkins made sure that Phillips understood both the seriousness of the charges against him, the rights he was giving up in the plea deal, and the problems the state had with the evidence.

Then Phillips pled guilty to the negligent homicide charge, for which he will serve three-and-a-half to seven years in prison. As part of the deal, he must become involved in drug and alcohol counseling program in jail, pay restitution of $2,945.88 to Cindy Phillip’s family for her funeral (and a 17 percent administrative fee to the state’s Department of Corrections), resolve an unpaid and unspecified Concord Hospital bill, and cover the family’s costs related to the case. Phillips must also keep away from Mrs. Phillip’s immediate family.

Phillips also pled guilty to two second-degree assault charges, for which he could serve consecutive two-to-four years. He would have to pay restitution for medical bills to victims Lennon and Hugli, participate in an substance abuse counseling treatment program, avoid the use of drugs or alcohol, not possess any firearms and keep away from the two living victims. The sentences could be suspended if Phillips enters and completes a long-term treatment program, Christmann said.

One unusual aspect of the plea deal is that Phillips surrendered his right to a sentencing review in the future. If he does not comply by the terms of his plea agreement, he could serve 21 years in jail and pay $12,000 in restitution.

Judge Perkins said he would make a final decision on the plea deal at the end of the month.