State of New Hampshire v. Dale Holloway

NHJB-3054-Se (08/06/2019)

THE STATE OF NEW HAMPSHIRE

JUDICIAL BRANCH

SUPERIOR COURT

Hillsborough County Hillsborough Superior Court Southern District State v. Dale E Holloway, JR 226-2019-CR-00814

ORDER ON PENDING MOTIONS

The Court held a hearing on pending motions in this case on October 5, 2021. As a result, the following order is issued: Motion for Status of Counsel (Court Index No. 140): the Court reviewed the purpose of the existing standby counsel order with Mr. Holloway (Court Index No. 131). It is crucial that Attorney Lee remain in this case as sta ndby counsel to provide legal advice to Mr. Holloway. For reasons expressed on the record, Attorney Lee remains as standby counsel.

Motion for Third Party Records (Court Index No. 142): this motion is denied. The State is not in possession of these records. Mr. Holloway may obtain these records from his medical providers and the correctional facilities through the use of releases/authorizations. There is not any need for the Court to issues subpoenas for these records. Additionally, the Court will approve RSA 604-A funds for the use of an investigator to procure these records.

Motion for Discovery (Court Index No. 143) and Motion f or Exculpatory Evidence (169): the State has met its discovery obligations under Rule 12 of the N.H. Rules of Crimina l Procedure by providing full discovery to Attorneys Brown/Lee and Attorney Zaino. However, the State agreed at the hearing held on October 5, 2021, to provide Mr. Holloway with all the discovery, both paper and electronic. The Court will issue a separate protective order regarding this discovery. As such, both of these motions are moot.

Request for Bifurcated Trial (Court Index No. 154): at this point it is premature to issue a ruling on this request. A preliminary hearing will be scheduled to address the defendant ’s Notice of I nsanity (Court Index No. 152) and Motion for Change of Plea to Not Guilty by Reason of Insanity (Court Index No. 153).

Motion to Review Brandon Castiglione File (Court Index No. 162): This motion is granted based on the State’s agreement to provide the file in electronic form (thumb drive) to Mr. Holloway. Again, this discovery is subject to the protective order.

Motion for Evidentiary Hearing (Court Index No. 163): this m otion is denied for the reasons stated on the record of the October 5, 2021 hearing. The motion is rooted in a fundamental misunderstanding of the grand jury, discovery and trial process. The defendant does not have a constitutional right to an NHJB-3054-Se (08/06/2019) evidentiary hearing regarding the substance and merit of the charges pending against him prior to a trial.

Motion to Produce and Disclose Transcripts of Grand Jury held on January 23, 2020 (Court Index No. 164): this motion is denied. It is well established under New Hampshire law that grand jury proceedings are secret in nature and legally sealed against disclosure. See State v. Purrington, 122 N.H. 458, 462 (1982) and State v. Damiano, 124 N.H. 742, 748 (1984). In fact, as represented by the State, there is not a transcript of the grand jury proceedings in this case. Mr. Holloway has not provided the Court with any compelling need to pier ce the secrecy of the grand jury proceedings. Id. at 749.

Motion for Transcr iption of Court Proceedings (Court Index No. 165): Copies of the identified pleadings in Paragraph 4 of this motion will be provided to Mr. Hollowa y by the Court. Mr. Holloway is entitled to transcripts of the identified court proceedings upon the filing of a 604 -A motion which identifies the specific hearings and the cost of transcription. Copies of any transcripts shall be requested and provided to the State. This motion is granted without objection.

Motions to Suppress (Court Index No. 174 and Court Index No. 175): these motions shall be scheduled for a three hour evidentiary hearing.

Motion to Extend Deadlines (Court Index No. 168): granted -all pretrial mot ions shall be filed by January 10, 2022. Al l pretrial disclosures shall be made in compliance with Rule 12(b) of the N.H. Rules of Criminal Procedure. Exchanges of information concerning trial witnesses, including experts, shall comply with Rule 12(b)(4). Pretrial motions shall comply with this Ord er and Rule 15. All trial procedures will be implemented in accordance with Rules 18 -28. Any modifications to this revised schedule shall be approved by the Court. Extensions will only be allowed for good cause shown and as justice may require.

Motion to Compel Immunity or Dismiss Indictments (Court Index No. 170): many of the factual and legal allegations in this motion relate to Mr. Holloway ’s preventative detention. The Court addressed the constitutional due process issues raised in his Petition for Habeas Corpus in its Order dated May 11, 2021 (Court Index No. 121). There are not any witness immunity concerns in this case. The motion also asserts an insanity defense. The motion does not in any way allege that the pending indictments are deficient. There is not any legal or factual basis for the relief sought in this motion. As such, the motion is denied.

So Ordered.

October 13, 2021 Date Judge Charles S. Temple on Document Sent to Parties Clerk's Notice of Decision 10/14/2021 NHJB-3054-Se (08/06/2019)