Mazzaglia seeks not to attend his 1st-degree murder sentencing
The request spurred an immediate objection from prosecutors just days before the parents of murder victim Elizabeth Marriott are expected to speak in front of their daughter’s killer.
Up to 11 of Marriott’s family members and friends could speak at Thursday’s sentencing, in what has been expected to be a highly emotional hearing in Strafford County Superior Court.
“The motion does not set forth any actual constitutional, statutory or case law setting forth that a criminal defendant actually has any right to waive his or her presence at a sentencing or other proceeding,” it states. “Notably as well, the motion submitted by the defense is unaccompanied by any valid acknowledgement of rights and/or waiver form signed by (Mazzaglia).”
“The interests of the victims – here, the family of the young woman who the defendant raped and murdered, whose body the defendant disposed of, and whose heinous crimes against the defendant attempted to cover and shift blame through various means – (can) hardly be more compelling than in this case.”
“The victims deserve to finally be heard, not just before the court, but before the defendant, in order to explain how his crimes have so fundamentally affected them,” the objection stated.
Mazzaglia, 31, was convicted on June 27 of murdering Marriott, a 19-year-old University of New Hampshire student from Westborough, Mass., on Oct. 9, 2012, in the Dover apartment Mazzaglia shared with his former girlfriend, Kathryn McDonough.
McDonough, his former girlfriend, was the state’s key witness. McDonough testified that she was in the apartment with Mazzaglia when he strangled Marriott, with whom McDonough had worked and befriended at a Target store in Greenland.