NHCaseLaw.com

The defendant, Eric Windhurst, is charged with one count of first degree murder for allegedly shooting Daniel Paquette to death on or about November 9, 1985. The State alleges that the defendant committed this crime while accompanied by Melanie Cooper, Paquette’s step-daughter. Presently before the court is the defendant’s motion to suppress consensually recorded telephone conversations between Cooper and the defendant which were obtained by the New Hampshire State Police on various dates in July 2004. The court heard argument on the motion on June 23, 2006. I conclude that the motion is lacking in merit and must be denied.

The defendant's motions to suppress based on lack of reasonable suspicion with respect to the stop and lack of probable cause to arrest are DENIED. The court will issue more detailed findings and rulings at a later date with respect to the stop and the arrest. Defendant also moves to suppress the audio recording of her conversations at the Dover Police Department booking room as violative of the wiretapping and eavesdropping statute, RSA 570-A:2.