State of New Hampshire v. Adam Montgomery

Northern District State of New Hampshire v.

Adam Montgomery Case Nos. 216-2022-CR-00020 216-2022-CR-00577

STATE’S REPONSE TO DEFENDANT’S MOTION TO SUPPRESS STATEMENTS

FROM DECEMBER 31, 20211

NOW COMES the State of New Hampshire, by and through its attorneys, the Office of the Attorney General, and hereby submits the following response to the defendant’s Motion to Suppress Statements from December 31, 2021. The State does not intend to introduce the defendant’s statements made during the encounter with law enforcement on the morning of December 31, 2021, in its case-in-chief, unless such evidence becomes admissible as a result of the doctrine of “opening the door,” see generally State v. Wamala, 158 N.H. 583, 589 (2009) (discussing both the “curative admissibility” and “specific contradictions” doctrines), or for impeachment purposes. Likewise, the State may seek to introduce the statements in rebuttal, should they become so admissible and relevant.

Respectfully submitted,

THE STATE OF NEW HAMPSHIRE

By its attorneys, 1 For the sake of clarity, the herein response is directed to the defendant’s motion titled Motion to Suppress Statements from December 31, 2021, filed on August 1, 2022. It is not intended to respond to the similarly titled Motion to Suppress Statements from Afternoon of December 31, 2021, filed on August 19, 2022. The State’s response to the latter will be filed separately.

John M. Formella Attorney General Date: August 25, 2022 /s/ Jesse O’Neill Jesse O’Neill, NH Bar No. 20723 Senior Assistant Attorney General Office of the Attorney General Criminal Justice Bureau 33 Capitol Street Concord, NH 03301 603-271-3671 jesse.o’neill@doj.nh.gov

CERTIFICATE OF SERVICE

I hereby certify that on this date a copy of the foregoing was sent to counsel for the defendant via the electronic case filing system.

/s/ Jesse O’Neill Jesse O'Neill