Aug 28, 2014
Aug 21, 2014
Aug 14, 2014
Jul 24, 2014
NH Supreme Court decision changes kidnapper's sentence
James Perry, 37, is due back in court Thursday to be sentenced after being convicted for attempted kidnapping. Between his conviction and his sentencing, the state Supreme Court changed how it views such cases. (FILE PHOTO)
Judge N. William Delker said he will sentence Perry, 37, only on an attempted kidnapping conviction for trying to abduct a woman outside of an Ocean State Job Lot store Dec. 14, 2011.
A jury also convicted Perry of criminal restraint, which could have added up to 3½ to 7 years on his state prison sentence. But a state Supreme Court decision released days after Perry's conviction concluded that sentencing someone like Perry on both attempted kidnapping and criminal restraint charges would amount to double jeopardy.
Public defender Anthony Naro argued for dismissing the criminal restraint conviction following Perry's trial, saying that it would violate his client's right against double jeopardy. Prosecutors objected and Delker denied that request. Days later, Naro submitted a motion following Perry's conviction on Nov. 9 citing the case State vs. Gibbs, decided by the state Supreme Court on Dec. 21. The high court concluded that a person could not be charged with criminal restraint twice for the same course of action. More than once charge could be brought if a person was restrained or kidnapped, released then restrained again.
Instead of dismissing the criminal restraint conviction against Perry outright, Delker said he would hold off until his appeal is heard.
"If this court were to dismiss one of the charges now, that may bar retrial on that indictment if the conviction is overturned on appeal and remanded for a new trial," Delker said in a court order.
If the state Supreme Court upholds Perry's conviction on the attempted kidnapping case, then Delker will dismiss the criminal restraint charge. Perry now faces up 7½ to 15 years in prison on the attempted kidnapping charge. He is being held without bail at the Rockingham County jail.
READER COMMENTS: 2
- NH killer in 1991 Smart trial seeks time with wife - 6
- Newport shooting victim in stable but critical condition - 0
- Nashua arrests 9 on drug warrants - 0
- Police: Nashua man in car targeted by gunfire was felon with gun - 1
- Man shot at in Nashua drive-by charged with unrelated possession of stolen gun - 0
- NH Supreme Court rules 4 teen killers entitled to sentencing hearings - 6
- Hampton woman who fatally struck pedestrian wants blood test thrown out of court - 1
- Man seeks to upend conviction in Deerfield home invasion case - 0
- Police say North Hampton man distributed child sex abuse images - 0
READER COMMENTS: 0
- Goffstown's Bourque impresses; Memorial, Bishop Guertin, Pinkerton win in Queen City Jamboree - 0
- Hanover boys soccer edges defense-minded BG - 0
- NH Fisher Cats, Pierre stun Rock Cats in 4-3 win - 0
- Helping hands for new St. Anselm students in Manchester on move in day - 0
- To market, to market: Market Basket shoppers flock on in - 6
- Nashua Market Basket employee: 'Worth every day of work lost' - 8
- NH teen killers to get sentence reviews after state Supreme Court decision - 2
- Lakes Region Casino for sale last two months; asking price $3.5 million, manager says - 1
- Hudson police warn of cars being broken into - 0
Where is Shaheen? Hiding from you
Enter to win tickets to see Paula Poundstone
Win tickets to see Steven Wright
- Mass. Supreme Judicial Court has found upskirt photos taken on a subway aren't illegal. Should such voyeurism be a crime?
- Total Votes: 917