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January 31. 2013 8:50PM

Prosecution finishes its case in child assault trial

By LARISSA MULKERN
Special to the Union Leader

JUSTIN ROY

Linked articles:
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Tot's mom explains inconsistent statements in Roy child assault trial
Doctor testifies in Roy trial that victim was 'near death'

OSSIPEE - The prosecution wrapped up its case Thursday against an Albany man accused of seriously beating the young son of his ex-girlfriend in December 2011.

The trial will begin its seventh day of testimony today, when the defense team of Wade Harwood and Howard Clayman of the New Hampshire Public Defender's office in Laconia call witnesses for Roy's defense. Deputy County Attorney Susan Boone rested the state's case Thursday after the judge held a motion hearing without the jury present on motions from the defense to dismiss charges.

Attorneys indicated in court Thursday that Roy, 34, would take the stand, but didn't say when.

Associate Justice Steven Houran denied a defense motion Thursday to dismiss all charges against Roy; Harwood also presented separate motions to dismiss each of the 13 charges.

In his arguments to dismiss motions, Harwood said Heather Downs, the mother of the child, was not credible and that her testimony was "all over the place." He said Downs' testimony "flied in the face of logic," and said no rational jury would find the state has proved each and every element of the charges beyond a reasonable doubt.

As for the felony assault charges, Harwood said the state had not brought any evidence that directly links Roy to the assaults.

"We're dealing with a purely circumstantial case," he said.

Judge Houran denied all but two of the motions - a simple assault charge that alleged Roy pushed the boy's mother, Heather Downs, when she went to check on him in Roy's shed in the middle of the night, and a second charge of criminal restraint for placing the boy, Strider, who was 2½ years old at the time, outdoors on a dog crate on Dec. 18, 2011. Roy is now charged with the following crimes alleging Strider as the victim: one count of first-degree assault, two counts of kidnapping, two counts of second-degree assault, and one count of simple assault. He is also charged with two counts of second-degree assault against Strider's older brother, Zander, age 7, and one count of simple assault against their 11-month-old brother, Gallagher.

If convicted on all charges, including those with enhanced sentencing, Roy faces up to 100 years in jail.

The trial resumes at Carroll County Superior Court in Ossipee at 9:30 a.m. Friday.

lmulkern@newstote.com