Search inventory sheet turns up in cocaine possession case; defense protests

SUPERIOR COURT — One year after a traffic stop in Gilford that led to the arrest of a local man for possession of cocaine and the same day the matter was scheduled for an evidence suppression hearing, a N.H. State Trooper testified in court that he had only just found some inventory search paperwork that had been missing from the original case file.

The paperwork, which should have been in the case file and released to the defense team of Richard Varricchio as part of discovery, was introduced into evidence by Belknap County Attorney Melissa Guldbrandsen the day of the suppression hearing.

Varricchio, who is charged with one count of possession of cocaine, has challenged an "inventory search" of his car performed by police on November 30, 2013 on two grounds: that the car didn't need to be towed because it was not "a menace to traffic" and that an inventory search is not meant to be an investigation.

Because Varricchio's attorney Steve Mirkin didn't get a copy of the form as part of his discovery, he argued the search was investigatory and the evidence, including the cocaine, should be suppressed or disallowed.

Mirkin objected to introducing the inventory form as evidence at this time because it had been missing for a year and there was no provable chain of custody.

"I'm not sure of the circumstances," he said. "It's been one year since the arrest and the officer said he just found it yesterday."

Trooper John Forbes testified Friday that he had only just found the form while going through some of his other files earlier that morning. He said it was accidental and that he didn't intentionally withhold it from evidence. He also acknowledged his supervisor has asked him for the form.

Guldbrandsen said the form was dated and it was signed by someone who works for Gulbricki's Towing.

Judge James O'Neill allowed the form to be introduced but said he was taking note of Mirkin's objection.

Police had the car towed after a traffic stop on Route 11 on a straight away near the entrance to Walmart. Varricchio was a passenger in the car. The driver was charged with driving while intoxicated.

Varricchio was placed into protective custody by a trooper and driven home.

State police towing policy requires that an inventory search must not be an investigation but a written record of the items in a car. The purpose is to protect both the police from an accusation of theft and the car owner from having his or her things stolen. If an illegal item, either suspected or actual, is found, the inventory search must stop and the police must apply for a search warrant to continue.

In this case, the police didn't apply for a search warrant and Mirkin argued that his search process in this case was flawed.

Forbes testified he didn't have any conversation with either the driver of the car, Gregory MacRae, or Varricchio. He wrote down MacRae's name as the person who released the car to him.

Mirkin questioned him about what he had written on the form

"You wrote assorted tools. What tools?" he asked Forbes.

"I don't know" Forbes said.

"How many tools," asked Mirkin.

"I don't know," Forbes said.

"Were they power?" Mirkin asked.

"I don't know," said Forbes.

Mirkin noted that if Varricchio was going to file a complaint the information on the form wouldn't be much help to the police and that the only items on the form were glasses, some tools and garbage.

Forbes testified he found the baggie under the front seat but said didn't remember this specific one because he does hundreds of searches a year. He said he didn't think there was any other activity.

Judge O'Neill said he would take the suppression motion under consideration.