Missing UNH student Lizzi Marriott is believed to be dead, Seth Mazzaglia charged with first degree murder.

A break is called when the State says they've gotten ahead of themselves, the Judge telling the jury that he has other pressing matters so this will be a full fifteen minutes. When they leave, he calls both legal teams to the bench for a conference. Judge Steven Houran has been consistently congenial throughout this case, even at the most tense and dramatic moments.

by Jen Crompton/WMUR 9:02 AM

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Both of today's witnesses so far have been told they could be re-called to testify.

by Jen Crompton/WMUR 8:59 AM

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After so many days of powerful, dramatic, testimony, we are in a foundation-building part of the trial now... experts establishing certain details that we'll likely see woven together at a later point, perhaps before, but likely during closing arguments.

by Jen Crompton/WMUR 8:59 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz34uCcuE7P

She describes Seth as outgoing and friendly, would come to work knowing his lines. She says Kathryn was more quiet, but friendly and nice.

by Jen Crompton/WMUR 9:42 AM

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Christine MacEachern is on the stand - she's a writer and editor and involved in local theater productions... October 2012 she was stage managing Midsummers Nights Dream at Garrison Players...

by Jen Crompton/WMUR 9:41 AM

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His sense of Kat: I did not have any conversations with her, she would look down, stare at her shoes.. as if she was non-existent and that bothered me.

by Jen Crompton/WMUR   9:38 AM

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Brian describes Seth: he came across as very bold, bragged about jujitsu and world of war craft almost like as a coach he saw me as another alpha personality.

by Jen Crompton/WMUR   9:33 AM

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Brian lives a few doors down from where Seth lived... they bumped into each other and chatted a lot in the laundry room, or bringing out recycling.

by Jen Crompton/WMUR   9:32 AM

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Brian Barbato is on the stand ... lives at Sawyer Mill Apts... been there for 4 years, with his wife. He's an assistant football coach at UNH.

by Jen Crompton/WMUR   9:29 AM

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The trial has resumed.

by KC Downey/WMUR Staff   9:28 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz34uLQ9oMb

His final statement on the stand: "I’d probably gone to the dog park a hundred times, it didn’t look like anything I’d seen before, it merited me wanting to see what it was."

by Jen Crompton/WMUR   10:10 AM

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Can see a police cruiser parked at the bottom of the path... this was shot several days after he'd been there so he doesn't recall seeing the drag marks at that point.

by Jen Crompton/WMUR   10:08 AM

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The video is shot and played at a slow walking pace... it goes up to the overlook, he says the drag marks stopped just before the benched area of the overlook... the video then continues back down the path.

by Jen Crompton/WMUR   10:07 AM

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The video heads up the pathway, Bolduc saying this is where he saw drag marks, broken up, sometimes one, sometimes two marks, sometimes none, but more often some...

by Jen Crompton/WMUR   10:05 AM

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The video has no sound, but shows the T-trail he took, shot while walking toward the dirt access trail to the overlook. There are leaves on the ground, a reminder that this was October.

by Jen Crompton/WMUR   10:03 AM

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The state is playing a DVD movie Bolduc made of the area.

by Jen Crompton/WMUR   10:00 AM

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He described seeing drag marks on the dirt path, he followed them to the overlook where they stopped.

by Jen Crompton/WMUR   9:59 AM

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He walked his dog up to the overlook that morning.

by Jen Crompton/WMUR   9:56 AM

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He was in the dog park at Pierce Island on the morning of October 10th, 2012, between 8:30 and 9am.

by Jen Crompton/WMUR   9:53 AM

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Next witness, Randall Bolduc - from Eliot, Maine. He's the call service supervisor for a local community college. He lived in Portsmouth in 2012, and took his dog for walks in the dog park, would leave his house by 6am.

by Jen Crompton/WMUR   9:51 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz34uav938F

They got a search warrant on the 13th, went in, and removed two trash bags that they sent to HQ for analysis.

by Jen Crompton/WMUR 10:18 AM

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Burt: At some point I was advised that Elizabeth Marriott have died at Sawyer Mill Apartments so we went to secure it as a crime scene.

by Jen Crompton/WMUR   10:15 AM

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He's the head of the crime scene unit and evidence manager... He became involved with the Lizzi Marriott investigation on October 12th. 5:45 PM... he was off-duty... called in with other crime scene unit members... told to assemble at the PD.

by Jen Crompton/WMUR 10:16 AM

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A new witness is on the stand... Timothy Burt ... a Detective with Dover PD

by Jen Crompton/WMUR   10:11 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz34ucLz7nW

Also received little torn up pieces of paper retrieved from Kat McDonough... Detective now ID'ing photos of the letters being assembled.

by Jen Crompton/WMUR 11:10 AM

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Now talking about a letter sent from Seth to his father... and a packet of recipes ... sent to a handwriting expert for analysis.

by Jen Crompton/WMUR 11:09 AM

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The state compares both browsers... the latest time at night that activity stopped, and the first time it started the next morning... the gap extends from 8:45 PM on October 9th, to 11:13 AM. on October 10th.

by Jen Crompton/WMUR 11:07 AM

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Burt says he checked gaps in two different browsers, google chrome and internet explorer.

by Jen Crompton/WMUR 11:03 AM

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He made a summary of the internet browser history from October 9th and 10th. He was looking for gaps in times. He also found out that the times were UTC... as opposed to Eastern Standard Time. He found out there was a four hour time difference between the two.

by Jen Crompton/WMUR 11:01 AM

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But Burt points out he can't confirm who was actually at the keyboard using it.

by Jen Crompton/WMUR 10:57 AM

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Detective Burt now describing what was found on computers... the state asking if there was recent internet activity from the night of October 9th.. he says there was, under the user name Scarlett.

by Jen Crompton/WMUR 10:56 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz34ugooxpQ

Lunch break now, defense will cross the detective after.

by Jen Crompton/WMUR 11:14 AM

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The jury seeing photos of a tabletop with so many tiny pieces of white paper.. the Detective says he was the person to try to assemble them... says he found what appeared to be a suicide note, as well as something he refers to as the 'freak out' letter... some others could not be completely assembled.

by Jen Crompton/WMUR 11:13 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz34uxNSjEo

Detectives explain investigation in Mazzaglia case

WMUR-TV

Published on Jun. 17, 2014

https://www.youtube.com/watch?v=rNsbL-nVkX0

Neighbor: Mazzaglia was 'very much in control' of Kat McDonough

By Elizabeth Dinan
edinan@seacoastonline.com
June 17, 2014 7:52 AM

Editor's note: This story includes graphic content.

DOVER — Nine witnesses testified Tuesday during the murder trial for Seth Mazzaglia, including a Portsmouth tug boat operator and a police officer who said he found a box in Mazzaglia's apartment containing restraints, collars, a leather bra, a knife and condoms.

Mazzaglia is charged with murder for the Oct. 9, 2012, death of University of New Hampshire sophomore Elizabeth “Lizzi” Marriott and Tuesday's testimony came during the fourth week of his trial.

Read more:

http://www.seacoastonline.com/articles/20140617-NEWS-140619819

Testimony continues in N.H. murder trial

By Claire McNeill  | Globe Correspondent   June 17, 2014


Jim Cole, Pool
Timothy Burt, a detective with Dover, N.H., police department, testified in the trial of Seth Mazzaglia.

DOVER, N.H. — Prosecutors in the shocking murder trial of a University of New Hampshire student continued building their case Tuesday, calling nine witnesses after the marathon testimony of their star witness ended Monday.

Seth Mazzaglia, 31, of Dover, faces a first-degree murder charge in the 2012 slaying of 19-year-old Elizabeth “Lizzi” Marriott of Westborough, Mass. Prosecutors say Mazzaglia strangled and raped Marriott, a claim Mazzaglia’s former girlfriend Kathryn McDonough, 20, described in lurid detail in 10 days on the stand.

Tuesday’s witnesses added small pieces to the overall puzzle. DNA expert Melisa Staples, of the New Hampshire Department of Safety, said a pair of male underwear found in a dumpster at Mazzaglia’s apartment complex had DNA consistent with the three major figures in the case: Mazzaglia, McDonough, and Marriott.

Read more:

http://www.bostonglobe.com/metro/2014/06/17/testimony-continues-trial-seth-mazzaglia-murder-elizabeth-marriott/u99HoyojIg33YbU9I7pGEL/story.html

June 17, 2014

The state and defense have agreed on stipulations... that a fingerprint found on Lizzi's car belongs to Kat McDonough, that hair found at Pierce Island belongs to Lizzi Marriott, that Seth Mazzaglia had a TD bank account with about $1,000... with several withdrawals made.. and that the handwriting on a document was analyzed and proven to belong to Seth Mazzaglia.

by Jen Crompton/WMUR   2:54 PM yesterday

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The defense points out to the DNA expert that the forensic science cannot determine whether someone has been sexually assaulted or if sexual relations were consensual.

by Jen Crompton/WMUR   2:40 PM yesterday

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As for the underpants, the expert cannot exclude any of the 3 people's samples from the DNA found on them...

by Jen Crompton/WMUR   2:38 PM yesterday

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She says Elizabeth Marriott was excluded as a source of DNA from inside or outside the condom.

by Jen Crompton/WMUR   2:24 PM yesterday

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She had comparison samples of DNA from Seth Mazzaglia, Kat McDonough and Lizzi Marriott. She was checking the men's underwear for not just semen, but for possible cells from someone else.

by Jen Crompton/WMUR   2:23 PM yesterday

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz34znk3cHV

Live Wire

State vs. Seth Mazzaglia: Live trial coverage Live

Wednesday, June 18, 2014

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Ramos: he said he blacked out, his girlfriend was at the head of Lizzi' Maguire'and he was having sex with her

by Jen Crompton/WMUR 8:16 AM

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Ramos: he told me that when he and his girlfriend were having a 3-some, it got out of hand, and somebody died…

by Jen Crompton/WMUR 8:15 AM

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Ramos: he told me that someone had died, at first, during you know, coming over the house State's Atty Geoffrey Ward: did he tell you any more?, Ramos: yah.. he told me he had blackouts…

by Jen Crompton/WMUR 8:15 AM

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Christopher Ramos has taken the stand, he's dressed in prison orange, and his hands and feet are shackled. He says he doesn't want to be here, because it puts him in a bad position, he's worried for his safety. He was housed with Mazzaglia in the medical unit, assigned to a cell together in Dover.

by Jen Crompton/WMUR 8:10 AM

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Today marks the 16th day of testimony in the trial... and like every other day, Lizzi Marriott's family and friends are sitting in the first two rows. Her mother and father have over an hour drive each way... Bob Marriott has been here every day.

by Jen Crompton/WMUR   8:02 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz34zoocZmW

He says he reached out to authorities thru his own attorney because it was the right thing to do. When asked by the state if he's benefitting in any way, he says no.

by Jen Crompton/WMUR 8:37 AM

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He also claims that Seth wanted him to deliver a letter to Kat... a code so they could talk without being understood.. and that Seth drew him a map to get to Seth's mother's house where Kat was staying. The state showed the jury a copy of it.

by Jen Crompton/WMUR 8:36 AM

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Ramos claims that Mazzaglia told him he would use blackouts and mental health problems as his defense.

by Jen Crompton/WMUR 8:32 AM

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He describes Seth as obsessed with Kat... he claims he was not remorseful, but always talked about Kat. He says Seth asked him for legal advice... Ramos says he suggested they get married so Kat couldn't testify against him.

by Jen Crompton/WMUR 8:31 AM

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Ramos claims that Mazzaglia told him that the body was wrapped in a tarp and taken to Portsmouth, and put in the Piscataqua River... that he needed Kat's help in getting the body in... and that they joked about Davy Jones locker.

by Jen Crompton/WMUR 8:30 AM

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Ramos: 2 friends came to the apt and she was already dead and I guess they left

by Jen Crompton/WMUR 8:26 AM

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Ramos says Mazzaglia told him that Lizzi wasn't breathing... that there were marks on her neck and her face was discolored.

by Jen Crompton/WMUR 8:24 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz34zuLR7Zn

Several of the jurors appear to be writing in their notebooks...

by Jen Crompton/WMUR 8:53 AM

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Another sidebar conversation... after Barth pressed him for what he was charged with when he was Seth's cellmate... Ramos says failure to report... Barth says ... for sexually assaulting a child. That's when Ramos leans into the mic and looks at the State's attorneys and says 'Excuse me attorneys, I thought that couldn't be talked about....'

by Jen Crompton/WMUR   8:52 AM

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Barth is making the point that he made his statement about Seth, on the day of his federal sentencing. Ramos claims that the 'deal' was already done. But Barth explains that the process doesn't work that way... that a judge has to accept a plea. So in essence he hadn't been sentenced yet.

by Jen Crompton/WMUR   8:48 AM

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Defense Atty Barth is now cross-examining him.. asks what charges are pending against Ramos... Ramos says 'duty to report' ... Barth presses him but he says he won't answer ... Barth says... 'failure to report as a sex offender correct?' The state asks to approach the bench and that's where all the attorneys are now. As Mr. Ramos listens in....

by Jen Crompton/WMUR   8:39 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz34zzdXvW2

Ramos taking on Barth... saying he's not getting any deal, he's in handcuffs... "its your job to discredit me say whatever you want…"

by Jen Crompton/WMUR 9:05 AM

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Barth: you went to your attorney and shared what you were doing.. you recognized it as currency for you… Ramos: what are you leading onto? I’m in jail you can’t discredit me more than that come on…

by Jen Crompton/WMUR 9:04 AM

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Barth says he was housed in the medical unit because he couldn't go into the general population because of his status as a sex offender. Ramos: "I don't know why you are doing this... this isn't about me... its about me doing something right for once."

by Jen Crompton/WMUR 9:01 AM

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He asks the question differently... Barth: sir you were convicted of a sex crime correct? Ramos: Yes… Barth: doesn’t it provide you some special motivation to try to lessen your sentence? Ramos: ...actually I’ve done so much bad in my life I was trying to do something good how’s that?

by Jen Crompton/WMUR 8:59 AM

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Barth's question is stricken..

by Jen Crompton/WMUR 8:56 AM

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The witness just blew a kiss to a woman who is seated the front row. She was escorted in by the victim/witness advocate.

by Jen Crompton/WMUR 8:56 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz3500E7R5j

Nearly every juror is taking notes.

by Jen Crompton/WMUR 9:44 AM

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The state is confirming with Ramos that the sentence he was expecting is the one he got... the sentence that was discussed prior to his talking to investigators about Mazzaglia's claims in jail.

by Jen Crompton/WMUR 9:43 AM

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Barth: You explained to investigators that your motivation and you told this to you attorney that you were concerned that Kat McDonough would do it again. Ramos: They both did it, you don’t just do that… Barth: By 'it’.. you’re talking about an accident during sex, Ramos: I’m talking about somebody dying.

by Jen Crompton/WMUR 9:41 AM

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Ramos is now back-pedaling on his use of the word 'obsessed'... he goes into explaining how he's obsessed with his fiancé, too... and that maybe the word obsessed sounds weird.

by Jen Crompton/WMUR 9:38 AM

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Barth: what you describe is he was scared they would go after Kat… Ramos: I told him they would and she would crack, I told him that…

by Jen Crompton/WMUR 9:33 AM

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Ramos acknowledges that Mazzaglia told him he panicked after Lizzi Marriott died...and confirms to Barth that he was told it was accidental after consensual sex.

by Jen Crompton/WMUR   9:31 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz3509uPTPG

Sibik says that Mazzaglia asked him to get a letter to Kat... to address it to 'Baroness Bridget' ... tho Sibik did not deliver any letter.

by Jen Crompton/WMUR 10:19 AM

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Sibik claims that Mazzaglia told him a story... that the victim had a seizure... that Seth called Roberta.. that Roberta said NOT to call police ... that Roberta came over with some guy, a marine.. that the marine said 'we gotta kill her'.. went over and strangled the girl... that Seth tried to stop him, and that according to Seth, the marine hit him and knocked him out.

by Jen Crompton/WMUR 10:17 AM

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Sibik: He’d keep his hand on the deck, close his eyes, take a couple deep breaths.. I had the feeling something was working thru the cards.. it was weird.. like he was channeling energy thru the cards.

by Jen Crompton/WMUR 10:08 AM

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Sibik says Seth played chess, and did tarot card readings. He says it was something he seemed to take seriously.

by Jen Crompton/WMUR 10:05 AM

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He was another cellmate of Seth's at Strafford County Jail in the Fall of 2012. Ramos was the other cellmate.

by Jen Crompton/WMUR   10:04 AM

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Another inmate is on the stand... Andrew Sibik - doesn't want to be here.

by Jen Crompton/WMUR   10:02 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz350IDCPSL

Kat's mother, Denise McDonough, has been called to testify.

by Jen Crompton/WMUR 10:20 AM

Read more: http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz350LXnTdo

Denise McDonough describes the contact she had with Kat after she moved out. "...very very minimal, I didn’t want to keep pushing, but I didn’t understand it.. I tried to call and leave messages… left it on their phone, I tried Facebook, I tried email, I tried visiting."

by Jen Crompton/WMUR 10:37 AM

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She said she found out she'd been seeing Seth, when she moved out in February unexpectedly. Her Mom came home to find a 2-page letter on her bed. "I said I’m gone, I’ve moved out.. don’t try to contact me… I will contact you when I’m ready."

by Jen Crompton/WMUR 10:35 AM

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She said she did not know she was seeing Seth... that his name had come up once... "She said he's neat we have a connection…I asked how old is he? I don’t know 25? That was kind of more age than I wanted… I said just be friends, please don’t be romantic you’re going to college and will meet a nice boy and she stopped talking about it after that "

by Jen Crompton/WMUR 10:33 AM

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She described them as very close... they liked to do things together but in the Fall of 2011 things changed. She stopped coming home, stopped hanging out with her mother as much. Didn't respond to texts...

by Jen Crompton/WMUR 10:31 AM

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She says Kat liked theater, and that she probably got it from her.

by Jen Crompton/WMUR 10:24 AM

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Denise McDonough lives in Dover now. She moved there about a year ago, but lived in Portsmouth for 20-25 years prior. She has 3 children. Kathryn who is 20, and two sons, 19 and 16.

by Jen Crompton/WMUR 10:23 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz350RJZ2s2

Witness: Mazzaglia told him to keep Lizzi Marriott's death a 'secret'

Kat McDonough's mom testifies she was 'blocked' from seeing daughter

By Elizabeth Dinan
edinan@seacoastonline.com
June 18, 2014 7:58 AM

Editor's note: This story includes graphic content.

DOVER — Just before Paul Hickok was shown the dead body of Elizabeth “Lizzi” Marriott, her accused killer Seth Mazzaglia asked him if he could “keep a secret,” Hickok testified Wednesday.

“My response was that it depends what the secret is,” Hickok testified in the Strafford Superior Court. “As soon as we entered, I got about 10 feet in and saw a dead body, or what I assumed was dead.”

~Snipped~

Hickok testified that the night Marriott died, his girlfriend Roberta Gerkin received a phone call from McDonough who said she needed help but, he said, they had no details. He said they drove to Mazzaglia’s apartment at about 10 p.m., were first greeted by McDonough, then Mazzaglia. When he got inside their studio apartment, he said, he saw a woman’s body on the floor, wearing just underwear and with bags on her head.

“It looked like Hannaford’s shopping bags,” he said. “Plastic.”

Hickok testified that Mazzaglia “kept repeating” that “he’s gone too far this time, he’s gone too far.”

Read more:

http://www.seacoastonline.com/articles/20140618-NEWS-140619770

Defense attacks inmate's motivation for testifying

WMUR-TV

Published on June 18. 2014

https://www.youtube.com/watch?v=EtRv015yOyw

-------------------------------------------------------------------------



WMUR-TV

Published on June 18. 2014

Mother of Mazzaglia's ex-girlfriend testifies

https://www.youtube.com/watch?v=LJ5QjcjVKV4

Live Wire

State vs. Seth Mazzaglia: Live trial coverage

Thursday, June 19, 2014

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Barth is talking about Hickok's self-described state of mind when he saw Lizzi's body.. reminding him that he told police he 'lost his mind internally'. Barth points out that Hickok said he stood about four feet from Lizzi's body, and ... did nothing. Barth says he told police, Lizzi's head appeared red... here he said purplish.

by Jen Crompton/WMUR 9:44 AM

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Defense Atty Joachim Barth is going over the details of Hickok's arrival at the apartment that night, and is concentrating on Kat McDonough's demeanor. Noting that she was outside waiting for them, alone, and didn't tell the to call police, or ask to help her flee...

by Jen Crompton/WMUR   9:34 AM

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Paul Hickok is walking to the witness stand.

by Jen Crompton/WMUR   9:28 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz3562k5pGP

Barth: when you were talking to Seth about calling police.. Kat brings up the notion that Liz Marriott had a long walk to her car from lab at UNH and back... and it was at that point that you thought in hindsight that maybe was a conversation about removing the body from the scene. Hickok: possibly ...correct

by Jen Crompton/WMUR 9:48 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz3565L2zX7

She is explaining what an autopsy is, to the jury... the general how, and why... to determine the cause of death. State's Atty Geoffrey Ward has asked her if she's testified before about ligature strangulation cases. She has.

by Jen Crompton/WMUR 10:07 AM

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Jennie Duval, of the NH Medical Examiner's office is on the stand now.

by Jen Crompton/WMUR 10:05 AM

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Melissa Marriott's time on the stand was brief, she established that she had last seen Lizzi on October 7th, at their family home and she was very happy. They were a close family... she first heard Lizzi was missing on the morning of October 11th and she and her husband immediately drove to NH. She has had no contact with her since then. The Defense chose not to question Ms. Marriott.

by Jen Crompton/WMUR 10:04 AM

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Lizzi's Mom went back to the seats... Lizzi's Dad immediately leaned into his wife's head and they were both crying silently... they both just left the courtroom.

by Jen Crompton/WMUR 10:02 AM

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Melissa Marriott, Lizzi's mother, is taking the stand.

by Jen Crompton/WMUR edited by KC Downey/WMUR Staff 10:04 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz3569SqfFE

LIVE STREAM

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Live Wire

State vs. Seth Mazzaglia: Live trial coverage Live

Read more: http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz336iapbur


------------------------------

Watch live: Seth Mazzaglia murder trial

http://www.wcvb.com/watch-live-seth-mazzaglia-murder-trial/26203858#!RONkn


-------------------------------

Seth Mazzaglia Trial Live Stream

http://www.wildabouttrial.com/one_off/seth-mazzaglia-trial-live-stream/

Prosecution wraps up case against Mazzaglia

WMUR-TV

Published on June 19, 2014

https://www.youtube.com/watch?v=Rtf1d-5a-Y8

Prosecution Rests In UNH Student Murder Trial

June 19, 2014 5:24 PM

DOVER, N.H. (AP) — The prosecution has rested in the trial of a man charged with raping and killing a University of New Hampshire college student.

Prosecutors say 31-year-old Seth Mazzaglia choked 19-year-old Elizabeth “Lizzi” Marriott of Westborough, Massachusetts, on Oct. 9, 2012, after she twice rejected his sexual advances.

~Snipped~

Mazzaglia is charged with first-degree murder. McDonough has pleaded guilty to hindering prosecution and is serving 1 ½ to three years in prison.

Mazzaglia’s lawyers say McDonough is lying and that Marriott died while the two women were engaged in rough sex involving restraints.

The trial will resume Monday.

Read more:

http://boston.cbslocal.com/2014/06/19/prosecution-rests-in-unh-student-murder-trial/

State rests case at Mazzaglia trial

Thursday, June 19, 2014
Updated at 4:54 p.m.

EDITOR'S NOTE: This story contains graphic descriptions of sex and/or violence that some readers may find offensive.

DOVER — After 17 days of testimony from 30 witnesses, the prosecution rested its case in the Seth Mazzaglia murder trial at 2:57 p.m. Thursday afternoon.

After Dr. Jennie Duval of the New Hampshire Medical Examiner's Office got off the witness stand, Assistant Attorney General Peter Hinckley stood up and told Judge Steven Houran the prosecution was finished presenting evidence against Mazzaglia, 31, of Dover.

~Snipped~

Houran cautioned jurors that they do not yet have all of the evidence in the case and are not allowed to deliberate on the facts, even internally, until the defense rests.

Mazzaglia's defense team will start presenting its case on Monday at 9:30 a.m. They have seven people on the witness list, including Mazzaglia's mother, Heather Mazzaglia, of Portsmouth.

~Snipped~

After the jurors left Courtroom 2 Thursday afternoon, public defender Melissa Davis asked Houran to throw out the first- and second-degree murder charges against Mazzaglia.

Davis said McDonough was not credible or reliable enough to prove Mazzaglia purposely killed Marriott. Davis then told Houran the second first-degree murder charge should be dismissed because it was based on the theory of felonious sexual assault. McDonough testified that Mazzaglia had sex with Marriott after her body had already gone limp and she had no pulse. The defense claims there could not have been a rape since Marriott was already dead.

Davis also asked Houran to throw out the second-degree murder charge, which is based on a theory of reckless disregard for human life.

"This is not supported by the evidence," Davis said. "The statements made by Ms. McDonough in the courtroom do not support these allegations."

Houran took a brief recess to review the defense's requests. When he returned to courtroom, Houran denied all three of the defense's motions.

Read more:

http://www.fosters.com/apps/pbcs.dll/article?AID=/20140619/GJNEWS_01/140619159/-1/fosnews

Live Wire

State vs. Seth Mazzaglia: Live trial coverage

Monday, June 23, 2014

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She explains that the office is not allowed to represent more than one person involved in a case. She had been an investigator for the office.

by Jen Crompton/WMUR 8:41 AM

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Lisa is a conflict manager.

by Jen Crompton/WMUR 8:39 AM

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Lisa Greenwaldt is on the stand... she works at the Public Defender's office ... she's explaining that they are a not for profit agency that represents indigent clients in criminal cases.

by Jen Crompton/WMUR 8:38 AM

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Its the 18th day of testimony, and the Defense begins calling witnesses today. There are seven names listed in court filings ... among them is the investigator from the Public Defenders' office that interviewed Kat McDonough and took her statement about Lizzi Marriott dying of suffocation during bondage sex with her. Seth Mazzaglia's mother is also on the list, along with a forensics expert.

by Jen Crompton/WMUR   8:33 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz35TAkpuA2

The investigator claims she did not try to influence the statement in any way.

by Jen Crompton/WMUR 9:16 AM

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She says after they met, Lisa went in search of a recorder and asked Kat to come back to record the reviewed statement. When asked why, Lisa says... "...given what she told us and her demeanor we wanted to memorialize it, and honestly knowing that she incriminated herself and knowing that people that incriminate themselves often change their story.."

by Jen Crompton/WMUR 9:14 AM

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Barth, thru Greenwaldt, is making the point that none of the details that Kat gave were suggested to her by investigators or anyone that day. Not the use of duct tape, or knots ...

by Jen Crompton/WMUR 9:10 AM

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Atty Barth asks her to describe what happened when he 'called' her on the cemetery story... saying that they believed more had happened... she says Kat was not coerced in any way ... Lisa: "she got quiet for a minute, sat there, looked down… and said I was with him all night." Barth: did she then make a statement? Lisa: She did yes.

by Jen Crompton/WMUR 9:08 AM

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She went to the Public Defender's office on October 15th... started tell a story about Lizzi not showing up on the 9th..

by Jen Crompton/WMUR 9:04 AM

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She says Seth's father had told her that Kat was living with Seth's mother, so she called and introduced herself... asked if she would talk to me, that it was her choice. She said yes but wanted to come to us because there was media outside the house.

by Jen Crompton/WMUR 9:01 AM

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When they got there they found out that he was talking about hiring private counsel.

by Jen Crompton/WMUR 8:55 AM

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She was assigned to Seth's case on Saturday, October 13th, 2012. She met with his attorneys on Sunday and went to meet with Seth.

by Jen Crompton/WMUR 8:53 AM

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She says more often than not, the information she gets is negative in terms of what it says about the client. She says her job is to just report it... there are no incentives or requests that she only get information to help a case.

by Jen Crompton/WMUR 8:49 AM

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She explains that its her practice to conduct an interview, take notes, and write a report. She says it wouldn't be economically feasible to record every initial conversation.

by Jen Crompton/WMUR 8:48 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz35TGNmJCu

Atty Hinckley continually posed questions that began with... "Did Ms MsDonough say during that unrecorded interview....." Over two dozen details he gave her were NOT included in that interview.

by Jen Crompton/WMUR 9:38 AM

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Hinckley is asking her about details Kat gave in the unrecorded conversation... and he has a letter up on a large screen, that we've seen before, its from Seth to Kat, describing what happened that night. It includes illustrations of someone in ropes... now comparing it to one Kat drew on in their interview... and points out they looked different.

by Jen Crompton/WMUR 9:27 AM

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State's Atty Peter Hinckley will ask Lisa Greenwaldt questions after a bench conference.

by Jen Crompton/WMUR 9:18 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz35TPDtZwh

Hinckley has made the point that all law enforcement interviews are recorded and distributed to the defense team... rules of discovery... then he made the point that certain excerpts of the transcript of Kat's interview with the defense team were used to attack her credibility during this trial. Bench conference.

by Jen Crompton/WMUR 9:59 AM

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Atty Hinckley seems to be suggesting, thru his questioning, that Lisa Greenwaldt may have used certain tactics in her interview with Kat McDonough to elicit information.

by Jen Crompton/WMUR 9:51 AM

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He is pointing out that her obligations are to the client. She says its to report what is told to her whether she agrees with it or not. He points out that she is not a law enforcement officer. They have legal obligations to provide information that can impeach a witness.

by Jen Crompton/WMUR 9:46 AM

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Hinckley makes the point that Kat never made any suggestion that her communication with Lizzi Marriott had at any time been romantic or sexual in nature.

by Jen Crompton/WMUR 9:45 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz35TWSDar9

He points out that, in Lisa's own notes, there are notes about dominance, slaves, even that slaves can go thru abuse. But she did not put them in the report.

by Jen Crompton/WMUR 10:32 AM

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He asks Lisa to tell the jury who else was there during the unrecorded interview with Kat.. she says three attorneys, Barth, Davis and Robinson. And she acknowledges they were all asking questions. Lisa was the only one taking notes, and she did not write down the questions.

by Jen Crompton/WMUR 10:29 AM

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Atty Hinkcley is asking if the defense team met with her before she met with Kat... she says she can't recall. He asks if any of them might have met with Seth prior... she says she wouldn't know.

by Jen Crompton/WMUR 10:27 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz35TcOGxt3

Hinckley points out that a report about Kat's demeanor wasn't written immediately after the interview... it was a report done 18 months after the fact in anticipation of this trial.

by Jen Crompton/WMUR 10:44 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz35ThZFnM0

He says in his opinion, the scenario most likely ... is that Lizzi Marriott was suffocated ... as Kat McDonough described in her interview with the Defense team. Some members of Lizzi Marriott's family were shaking their heads no as he was saying this.

by Jen Crompton/WMUR   2:03 PM

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He's describing suffocation... which he describes as smothering... it isn't as visible... but when asked by Atty Barth if someone appearing to have a reddish face might have been smothered, he says this... Dr. Kanfer: "if there’s a lack of oxygen because of smothering, the heart doesn’t pump as it should and you can have a backup of blood, most noticeable in the face and the neck." This, as Atty Barth argues that Lizzi Marriott was suffocated by Kat McDonough, and not strangled by the defendant.

by Jen Crompton/WMUR   1:49 PM

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Dr. Kanfer claims that in a strangulation you would also potentially see swelling in the face and dark red or blue or purple coloration... and defensive marks by the victim.

by Jen Crompton/WMUR   1:44 PM

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He says in ligature strangulation, the ligature would leave a furrow... that's one of the ways he would realize cause of death.

by Jen Crompton/WMUR   1:38 PM

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He said in 25 years of forensic medicine he has only seen one case of ligature strangulation.

by Jen Crompton/WMUR   1:33 PM

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He gets paid to testify in trials, tho makes the point that he renders an opinion truthfully.

by Jen Crompton/WMUR   1:32 PM

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Dr. Ira Kanfer is on the stand now, he's the CT Medical Examiner.

by Jen Crompton/WMUR   1:30 PM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz35UgoGTcg

The state points out that he makes $4,000 per day for sharing his expertise in these types of cases.

by Jen Crompton/WMUR 2:55 PM

Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz35Ui4lNZy

Afternoon news webcast

WMUR-TV

Published on June 23, 2014

https://www.youtube.com/watch?v=l0w1uDkOzXE

Mazzaglia trial: Witness says Kat McDonough changed her story

By Elizabeth Dinan
June 23, 2014 8:09 AM

Editor's note: 1. This story includes graphic content.

DOVER — Lawyers for Seth Mazzaglia - who is charged with strangling University of New Hampshire sophomore Elizabeth "Lizzi" Marriott to death - launched his defense Monday with testimony from an investigator for the New Hampshire public defenders office and a medical examiner from Connecticut.

But under-cross examination by Prosecutor Peter Hinckley, the investigator's notes and reports were portrayed as incomplete, one-sided and untimely. When the medical examiner was cross-examined by Assistant Attorney General Geoff Ward, he said he's seen one strangling case during his 29-year career and confirmed he's being paid $4,000 a day for his testimony.

~Snipped~

The investigator testified that she prepared a written report that she described as "a factual representation of what she told us happened that night." Greenwaldt said McDonough also provided "a lot of information" about bondage sex, but she did not include that in her report because it wasn't pertinent to the investigation.

On Oct. 17, 2012, McDonough was video recorded at the public defenders office while she reviewed a written statement that was based on her oral interview two days earlier, Greenwaldt said. Because McDonough had "incriminated herself," the public defenders wanted to memorialize it, she said.

~Snipped~

Greenwaldt also confirmed that she did not document what questions McDonough was asked during the initial interview and that the entire interview was not recorded. Hinckley noted that Greenwaldt's notes document McDonough while talking about her family life, then immediately shift to her saying she was with Mazzaglia the night Marriott died, with no notes reflecting the context of the interview leading to that topic shift.

The jury doesn't get to see or hear what brought about that change of topic because it wasn't documented in notes, or recorded, Hinckley said.

Read more:

http://www.seacoastonline.com/articles/20140623-NEWS-140629922

Thanks, AD, for all the updates.
I often read here without comment or signing in.
Appreciate all your work.
   

Hi Freckles!

You are welcome!   

TUESDAY, JUNE 24, 2014

Jennifer Crompton @JenCromptonWMUR
Seth Mazzaglia arrives - possibly last day of testimony in murder trial . #wmur #SethMazzaglia http://pbs.twimg.com/media/Bq5oDm8CYAAntD1.jpg



Read more: http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz35Z9JYp3w

Live Wire

State vs. Seth Mazzaglia: Live trial coverage

Tuesday, June 24, 2014

The jurors have not entered yet... Atty Barth is asking for a mistrial... one issue is based on the cross-examination of the public defender's investigator yesterday. They believe she was treated unfairly and that the state left the impression that her ethical duty to the client (Mazzaglia) transcended her duty for truth, that their ultimate duty was to the client and not to the truth. The state says this is the first they've heard this.

by Jen Crompton/WMUR 9:14 AM


Read more: http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz35Z9yL7mV

He says the truth is the primary obligation is to their client. That nothing was suggested, and that he framed his questions with the fact that whatever she did WAS within the law. And Hinckley also points out that there were no objections at the time. Barth says it misrepresented the public defender's office obligation. That when there is a moment of tension between obligation to client and to law, that it defaults to client and that would be a misrepresentation.

by Jen Crompton/WMUR 9:17 AM

Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz35ZBAu5TS

Barth says posting their comings and goings puts them in the position to testify. He says it was the day after the public defenders pig roast... at his family's farm... that the situation with Seth was fluid... that he shouldn't have to testify what they talked about ... simply to rebut their own appearances. He points out the lead counsel had not been assigned yet... so there wouldn't have been any discussion of the facts of the case, but he doesn't believe he should have to be put in the position to rebut....

by Jen Crompton/WMUR 9:23 AM

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Barth is also bringing up the State's reference in cross yesterday, to the comings and goings of the defense team to Seth Mazzaglia in jail. Implicates the basic notion of attorney-client privilege. He objects to the presentation of that information given that the inferences speculate about what they were talking about. [An odd juxtaposition... that the defense team is actually part of this trial's testimony and that the lead attorney, Joachim Barth, is talking about his own inclusion on that list and how he shouldn't have to account for what he did for a half hour on a certain day....]

by Jen Crompton/WMUR 9:20 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz35ZBgOpWr

Barth is talking thru the machinations of their schedule that weekend... cleaning up from the pig roast on the property... going in and out of the jail... and he says the actual records of comings and goings are inaccurate, that he's listed as Anthony Barth... and Mary Davis and not Melissa... the notion that the jury should be invited to speculate... is ... ?

by Jen Crompton/WMUR 9:31 AM

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Hinckley says the records show that Lisa Greenwaldt's memory does not match the facts that she met with defense team at the jail on the 15th and not the 14th... and with an Atty Sloan and not Davis.. and that it points to her reliability and credibility.

by Jen Crompton/WMUR 9:29 AM

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Hinckley calls it peculiar that defense would bring this up now, since the defense injected themselves in the trial in opening statements. That attorney-client privilege was broached by the defense team itself, including by calling Lisa Greenwaldt. He says the state would not do that.

by Jen Crompton/WMUR 9:24 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz35ZCfYeAX

Judge Steven Houran says the cross examination of Lisa Greenwaldt did not constitute a personal attack and the questions did not rise to prosecutorial misconduct.

by Jen Crompton/WMUR 10:15 AM

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Still not sure what this means about Atty Barth possibly having to talk to the jury about his annual pig roast...

by Jen Crompton/WMUR 10:13 AM

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The judge is back ... has denied the motion for a mistrial.

by Jen Crompton/WMUR 10:12 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz35ZQIIMIF

He says the were gaming buddies... role playing games ... sometimes larping - live action role playing, but most often online...

by Jen Crompton/WMUR 10:25 AM

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The defense has called Robert Andrew Mitchell ... he's 32 ... and works in education. He grew up in Stratham and went to high school at Berwick Academy. Seth Mazzaglia went there, too. He and Seth also met at Odyssey of the Mind summer camp in junior high. He says Seth is one of his closest friends.

by Jen Crompton/WMUR 10:21 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz35ZRIb6MQ

Hinckley asks about his awareness of Seth's nicknames: What can you say about dark heart, nothing… doomsday… unless you are talking about the superman character nothing, cyrus, no, wildheart, no, nameless one… no… Hinckley points out that these were separate from the names he used with gaming friends, and Mitchell says, certainly possible.

by Jen Crompton/WMUR 10:42 AM

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He says he continues to be a friend of Seth's... when the prosecutor asked him if he thought Seth had other male friends, he says he may have, but he doesn't recall meeting any.

by Jen Crompton/WMUR 10:38 AM

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He says he was aware that they were looking for another woman in their relationship... he says it was mostly Kat looking on websites... and letting Seth know about them.

by Jen Crompton/WMUR 10:37 AM

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He says he was present when Kat and Seth engaged in sex, but he would be gaming, and would not look towards them. He can't recall seeing Kat naked because he tried not to look. He says he was uncomfortable.

by Jen Crompton/WMUR 10:36 AM

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He was there when Kat's family came to speak with them... voices were raised in the hallway, and when they came back in... they were agitated but he says Seth did not seem mad at Kat specifically.

by Jen Crompton/WMUR 10:35 AM

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He says he met Kat in the summer of 2011 at Seth's apartment, but had heard of her before that... Seth had referred to her with a dragon nickname.

by Jen Crompton/WMUR 10:29 AM

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When asked if he developed characters... his response: my probably most frequently played were Witery, Lead Fury, and Obsideion Bolt. (not sure I heard the names correctly....)

by Jen Crompton/WMUR 10:27 AM

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Read more:

http://livewire.wmur.com/Event/State_vs_Mazzaglia#ixzz35ZVHVhKs