Judge orders manslaughter suspect to unlock phone

CONWAY — A Conway man accused of accidentally shooting his girlfriend last spring has been ordered to unlock his cellphone by a Carroll County Superior Court judge.

Connor Macleod, 24, is charged with manslaughter in the shooting death of his girlfriend, Alexis Leach, 23, in their apartment at River Turn Woods in Conway on April 25 at about 11:20 p.m.

Macleod claimed he was trying to show her a gun safety technique when the gun accidentally went off. Leach later died at a hospital. The couple’s 2-year-old son was home at the time.

A hearing took place before Judge Mark Attorri in the Superior Court in Ossipee on a motion to compel on Aug. 22. At issue was whether the court should force Macleod to provide his cellphone password.

The New Hampshire Attorney General’s Office was represented by Nicholas Chong Yen and Charles Bucca.

The public defenders were Katherine Anne Rickert Andujar and Justin Littlefied.

Attorri listened to both sides, and took the matter under advisement. He issued his six-page order last Friday, and sided with the New Hampshire Attorney General's Office.

"The court agrees with the state that compelling the defendant to produce his passcode, or alternatively, to unlock the phone, would not violate his constitutional rights against self-incrimination," said Attorri, adding this ruling is based on his prior decision in Brandon Mitchell's murder case and several others from different judges.

Mitchell is accused of shooting his girlfriend, Esme Doucette, on Nov. 25, 2023, in Jackson.

Attorri continued: "Nor is the court persuaded by the defendant's arguments that granting the state's motion would violate his privacy rights under Part 1, Article 2-b of the New Hampshire Constitution."

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"First, the passcode is non-testimonial in that it's just an arbitrary sequence. Protection against self-incrimination is based on whether what would be compelled relates to a factual assertion or disclose information," the judge said.

Attorri said Macleod could satisfy the order by unlocking the phone or having his attorney do it, and the password need not be shared with the prosecution.

The defense argued that giving the passcode would be akin to admitting the phone is his. However, Attorri said the prosecution already has enough evidence to prove Macleod's ownership of the phone beyond a reasonable doubt.

For instance, Macleod called 911 and was applying pressure to Leach's wound and the phone was found on the floor near where Macleod was sitting. The call was in progress when police arrived. The only other phone in the apartment belonged to Leach. No other adults were in the apartment. The SIM card also connects the phone to Macleod.

Attorri next addressed the New Hampshire Constitution argument. Part 1, Article 2-b says an "individual's right to live free from governmental intrusion in private or personal information is natural, essential and inherent."

The defense argued that giving up the password or unlocking the phone would be an intrusion on Macleod's personal freedom.

"The court is not persuaded," said Attorri. "The court has no difficulty agreeing with the defendant that compelling him to produce his passcode, or otherwise to allow access to his phone is an intrusion on his personal privacy. But so was the issuance of the warrant to search the phone in the first place."

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