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June 28. 2012 8:41PM
A judge has deemed some statements that Jacob Palo, 35, of Concord made to police inadmissable at his upcoming burglary and armed robbery trial. Palo is accused of breaking into a Deerfield home and attacking a homeowner last June with help from two others. He was also given a new trial date of Oct. 1 in Rockingham County Superior Court. (COURTESY)
Judge throws out statements about guns in home invasion case
A judge has deemed some statements that Jacob Palo, 35, of Concord made to police inadmissable at his upcoming burglary and armed robbery trial. Palo is accused of breaking into a Deerfield home and attacking a homeowner last June with help from two others. He was also given a new trial date of Oct. 1 in Rockingham County Superior Court. (COURTESY)
BRENTWOOD— A judge decided that statements a Concord man made to police about guns taken during a home invasion cannot be used during his upcoming trial.
Judge N. William Delker ordered that prosecutors will not be able to use whatever statements Jacob Palo, 35, made to police following his arraignment last year.
Palo's trial on 23 charges related to the burglary and armed robbery was rescheduled for the week of Oct. 1 to allow defense lawyers more time to hire a DNA expert who could be used in the case.
Defense lawyer Anthony Naro asked Delker to throw out Palo's confession to police, claiming Palo wasn't read his rights when he was questioned about firearms stolen from a home in Deerfield.
Palo was among three people indicted for breaking into the home in 2011 and trying to get the homeowner, Arthur Cutter, to open a locked safe on the night of June 29, according to prosecutors.
One codefendant Sherri Avnet, 32, is scheduled to be sentenced today after pleading guilty to conspiracy to commit theft and conspiracy to commit burglary.
Prosecutors say she acted as the getaway driver and never went in the home.
Christopher Martin, 39, of Danbury — who is accused of picking Cutter as a target for the robbery — is set to go on trial the week of Oct. 15. He was indicted on charges of burglary, conspiracy to commit burglary and theft by unauthorized taking.
Palo fled from the home with a handgun and Cutter's Cadillac, leading police on a chase through five towns before crashing into an Epping police cruiser, prosecutors said.
The chase ended on Route 102 in Chester.
Delker said in brief comments filed in court that the suppression of Palo's statements were only limited to ones he made following his arraignment, suggesting the prosecutors may have more statements at their disposal.
Court documents suggest that Cutter became a target of the trio nearly a month before they allegedly went to his home to rob him.
“Martin gave a description of items inside the Cutter residence and their location,” an indictment says. “Martin drove Palo and Avnet to the residence.”
Prosecutors say that Palo, Martin and Avnet were after cash and guns in the house.
James A. Kimble may be reached at JKimble@newstote.com.
Judge N. William Delker ordered that prosecutors will not be able to use whatever statements Jacob Palo, 35, made to police following his arraignment last year.
Palo's trial on 23 charges related to the burglary and armed robbery was rescheduled for the week of Oct. 1 to allow defense lawyers more time to hire a DNA expert who could be used in the case.
Defense lawyer Anthony Naro asked Delker to throw out Palo's confession to police, claiming Palo wasn't read his rights when he was questioned about firearms stolen from a home in Deerfield.
Palo was among three people indicted for breaking into the home in 2011 and trying to get the homeowner, Arthur Cutter, to open a locked safe on the night of June 29, according to prosecutors.
One codefendant Sherri Avnet, 32, is scheduled to be sentenced today after pleading guilty to conspiracy to commit theft and conspiracy to commit burglary.
Prosecutors say she acted as the getaway driver and never went in the home.
Christopher Martin, 39, of Danbury — who is accused of picking Cutter as a target for the robbery — is set to go on trial the week of Oct. 15. He was indicted on charges of burglary, conspiracy to commit burglary and theft by unauthorized taking.
Palo fled from the home with a handgun and Cutter's Cadillac, leading police on a chase through five towns before crashing into an Epping police cruiser, prosecutors said.
The chase ended on Route 102 in Chester.
Delker said in brief comments filed in court that the suppression of Palo's statements were only limited to ones he made following his arraignment, suggesting the prosecutors may have more statements at their disposal.
Court documents suggest that Cutter became a target of the trio nearly a month before they allegedly went to his home to rob him.
“Martin gave a description of items inside the Cutter residence and their location,” an indictment says. “Martin drove Palo and Avnet to the residence.”
Prosecutors say that Palo, Martin and Avnet were after cash and guns in the house.
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James A. Kimble may be reached at JKimble@newstote.com.
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