DOVER — The lawyer for a Durham man who was sentenced to 7.5 years in prison for sexually assaulting a preteen girl has filed a notice of intent to appeal with the New Hampshire Supreme Court.
Miguel Rasor’s defense attorney, John Durkin, who practices in Dover, said on Tuesday that Judge Steven Houran erred when he allowed statements from the complainant to her therapist to be used during trial. Houran further erred, Durkin said, by refusing to admit evidence that the girl’s biological father sexually abused her mother when she was a preteen, according to Durkin.
Durkin said the girl’s biological father is much older than her mother. He said that when the girl was asked who had touched her inappropriately, she said she thought it was Rasor, but that her father was showering her and spanking her.
“To the extent that someone was doing this, it was not at the hands of the defendant; it was at the hands of someone else,” Durkin said on Tuesday.
Durkin said the girl did not know why she was at the therapist’s office when she made statements regarding the alleged incidents.
“The state didn’t produce enough fundamental evidence to support admission of that evidence,” Durkin said.
Durkin said Assistant County Attorney Emily Garod misled the jury when she said the girl’s mother did not believe her. At first, she did, but then the allegations did not align with the mother’s recollection of events, Durkin said.
The girl’s mother spoke with the New Hampshire Union Leader on Monday morning. She said she would never pick a man over her child but has proof that her daughter was lying about Rasor sexually assaulting her.
“This is my baby. This is my daughter,” she said. “I explained to her why the things she said to me didn’t make any sense.”
After reviewing the case, the Supreme Court will determine whether oral arguments will be helpful in making a decision. Oral arguments are streamed live on the judicial branch website.