NHCaseLaw.com

The State seeks to consolidate one simple assault charge, in which the State alleges the defendant choked Amanda Bortner, with the second degree murder charge, the two first degree assault charges and the six second degree assault charges in which the State alleges the defendant abused Kassidy Bortner. The defendant objects.

Defendants Christopher Callahan, Stephen C. Harris, and Paul Manley (“the defendants”) were each indicted for the crime of riot in February 2004. Callahan and Manley were also charged with purposefully and unlawfully destroying government documents. The State moves to consolidate the defendants’ cases for trial, arguing that consolidating the cases would promote judicial economy because the defendants’ charges all arose from similar conduct and events. The defendants object to consolidation, arguing the evidence presented at a consolidated trial would not necessarily be relevant to each individual defendant. The court held a hearing on this matter on September 1, 2004. After reviewing the parties’ arguments and the applicable law, the court finds and rules as follows.

The defendant, Rodney Martinez, stands indicted on three counts of aggravated felonious sexual assault (“AFSA”) contrary to RSA 632-A:2, II, a class A felony and two counts of feloni-ous sexual assault (“FSA”) contrary to RSA 632-A:3, a class B felony. The state moves to con-solidate the cases against the defendant into one trial. The defendant objects. The court heard ar-gument on the motion on September 23, 2004. Because the court lacks confidence that a decision to consolidate will be defended on appeal, the state’s motion is DENIED.