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NOW COMES the State of New Hampshire, by and through the Hillsborough County Attorney's Office, with this Motion to Deny Competency Hearing or in the alternative order medical records and extend the date for a competency evaluation.

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.

The defendant is charged with Simple Assault, Attempted Murder, and two counts of First Degree Assault. The defendant moves to strike certain language from the indictment in docket number 01-S-681-F (“the indictment”), which charges him with two counts of First Degree Assault. The State objects.