Judge orders prosecutors to disclose more details in Portsmouth bat beating probe
But prosecutors are now fighting an effort in Rockingham County Superior Court to have some of his property returned to Hartley’s friend because of an investigation into a second suspect.
“The state shall submit further information about whether any of the property is evidence in an ongoing investigation,” Delker said in an order. “The response shall set forth with particularity which items have evidentiary value and why.”
Hartley’s public defender, Julia Nye, asked a judge to release her client’s property seized by police, which included a leather jacket, motorcycle boots, a title to a truck and a cell phone.
Hartley, 48, pleaded guilty in March to burglary and two counts of first-degree assault for beating a man and his uncle’s estranged wife inside the home. On the night of the assault, the couple was awoken from bed around 1:30 a.m. by the sound of glass shattering. Hartley broke a sliding glass door to enter the home.
“The police have been actively investigating this co-conspirator since the evening the crimes took place,” Assistant County Attorney Patricia Conway said in court papers.
When police canvassed the area on the night of the assault, they found a small aluminum bat in a wooded area between Simonds Road and Maple Haven Park, according to court records.