Aug 28, 2014
Aug 21, 2014
Aug 14, 2014
Jul 24, 2014
Defense spars with state for not sharing witness information in Portsmouth kidnapping, sex assault case
A lawyer for John Riley, 41, formerly of Milton, is claiming that reports and other information was redacted by the state and is "clearly a violation of the defendant's fair trial and due process."
Prosecutors have balked at the claim, and handing over the information, claiming it is protected under the state's Right-to-Know law.
"Witnesses and victims do not give up the right to privacy simply because they have become involuntary players in the criminal justice system," Assistant County Attorney Terri Harrington said in a court motion. "The County Attorney provides the defendant with the full names of all adult, competent victims and witnesses along with the town in which they reside."
Harrington argued that providing the names of witnesses and towns they reside in is enough information to protect a defendant’s right to a fair trial.
Riley, of Lebanon, Maine was indicted in May on charges of aggravated felonious sexual assault, kidnapping and indecent exposure. He has pleaded not guilty to all charges and remains free on $10,000 bail.
Defense lawyer Lincoln Solidati complained in court papers that "substantial portions" of the materials given to him by prosecutors "has been redacted to exclude information needed to contact witnesses including their address and phone numbers."
"The state has not provided any explanation for the redaction of this information and apparently this is a routine practice of the Rockingham County Attorney’s Office," said Solidati, the former Strafford County Attorney.
A decision about the information will likely be left to Judge Kenneth McHugh, who is scheduled to meet with Solidati and Harrington on Sept. 3.
Riley is accused of sexually assaulting the 35-year-old man in a car while the two were at a Portsmouth parking lot on Nov. 2.
At the time, Riley was working for Living Innovations, an agency that provides care for the elderly, and people with developmental disabilities.
Police say that Riley had the victim in his car following a Halloween-themed dance hosted at Living Innovations offices at 1950 Lafayette Road in Portsmouth.
About a month prior to his arrest, Riley was recognized as the Direct Support Professional and Home Provider of the Year.
Prosecutors have sought an enhanced felony on the sexual assault charges, making them each punishable by 10 to 20 years in state prison if Riley is convicted. The kidnapping carries a potential 3½- to 7-year prison term.
No trial date has been set in the case.
READER COMMENTS: 0
- Police say North Hampton man distributed child sex abuse images - 0
- Sexual assault charge in Keene - 0
- Keene man charged with threatening Nelson teen with gun - 0
- More details released about Nashua drive-by shooting - 0
- Portsmouth man charged with two felony drug counts - 0
- Affidavits show woman was shot as feds conducted downtown Manchester drug raid - 0
- Newton man charged with kidnapping, sexual assault of 15-year-old Mass. girl - 1
- Two felony charges for alleged Portsmouth drug dealer - 0
- Nashua man arrested in violent purse snatching - 0
READER COMMENTS: 0
- On Baseball: Fisher Cats manager Meacham learned a few things, too - 0
- First and 10: Old No. 1 begins as new No. 1 - 0
- NHIAA Girls' Soccer Preview: All eyes on Bedford, Exeter - 0
- Another View -- Dan McGuire: We Free Staters are not some threat to be feared - 0
- Taxpayer rights: Left, right should restore them - 0
- Hooksett highs: A good multiple choice test - 0
- No paper Monday - 0
- Patriots' Garoppolo solid, but Giants eke out 16-13 win in preseason finale - 0
- Education business tax credit program upheld - 0
Enter to win tickets to see Paula Poundstone
Win tickets to see Steven Wright
Where is Shaheen? Hiding from you
Weekly brother gave police wrong name
- Mass. Supreme Judicial Court has found upskirt photos taken on a subway aren't illegal. Should such voyeurism be a crime?
- Total Votes: 917