School district appeals to judge for return of pick-up

SUPERIOR COURT — Laconia School District attorney Bob Hemeon argued Wednesday in the Belknap County Superior Court that the state had illegally impounded the district's pick-up truck, allegedly stolen from the Huot Technical Center by two local men, because none of the three agencies involved in the incident has applied for a search warrant — and they have had nearly four months to do so.

Hemeon asked Judge James O'Neill to return the truck that has been impounded since August 4, when Belmont Police arrested Dennis LeFebvre near Mile Hill Road and charged him with one count of receiving stolen property.

The case was bound over to the Belknap County Attorneys Office and LeFebvre was indicted for one count of receiving stolen property (the Belmont Police charge) and one count of burglary at Laconia High School, (a Laconia Police charge). A second man, Tyler Marchand, was also indicted for one count of burglary, out of Laconia.

Belknap County Attorney Melissa Guldbrandsen explained yesterday that the School District was not, in fact, being charged the $75 a day for storage and impound fees by Rusty's Towing of Tilton and the company only seeks to recover the $175 charge incurred in August for towing the car from Belmont to its lot.

The School District had been concerned with what they thought were storage fees that had accumulated to more than $5,000 when they chose to get their attorneys involved. According to a Belmont Police supervisor, there is an arraignment in place between private towing companies and police departments without secure impounds, like Belmont.

Hemeon also argued that the stolen truck was the only one owned by the district and it was desperately needed by it for plowing, sanding, salting and other on-campus maintenance work. He noted for the court that snow was predicted for the weekend and even it the truck were returned immediately, the district still needs to fix it as it was damaged during the theft.

Guldbrandsen said she plans on arraigning LeFebvre on December 2 and she typically will send the discovery package — the state's evidence — to his attorney John Bresaw either that day or the day after. Bresaw and Guldbrandsen both argue the truck then needs to stay impounded and secure until both sides process it for evidence, including fingerprints and DNA.

Bresaw added that his client is not the only person charged with burglary at Laconia High School and there could be evidence in the truck that implicates Marchand rather than his client of the burglary.

Marchand has told police that he was walking down Union Avenue doing nothing when LeFebvre picked him.

Judge James O'Neill said he would rule on the matter shortly.