53 A.3d 545
N.H.2012Background
- Alwardt convicted at trial of second degree assault and criminal restraint based on accomplice liability.
- Evidence showed King was assaulted by Boudreau, Dunlop, and Nutter, with Alwardt providing later aid (tape, cords, tying materials) during the ongoing assault.
- The indictment covered injury from striking with hands, feet, and objects throughout the episode; King testified to ongoing assault as Alwardt aided the others.
- Alwardt argued insufficient evidence and that his aid post-dating the initial assault could not support accomplice liability.
- Court upheld sufficiency, rejecting weight-of-the-evidence challenge to criminal restraint as unpreserved, and affirming the trial rulings on counseling-records disclosure.
- Court also affirmed exclusion of cross-examination about drugs found in the apartment, finding no relevant nexus and upholding trial court’s discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of accomplice liability for second degree assault | Alwardt claims no ongoing assault by principals. | Alwardt asserts no initial participation; later aid not accomplice. | Sufficient evidence; continued assault and foreseeability support liability. |
| Weight-of-the-evidence challenge to criminal restraint | State failed to address weight issue; motion improper. | Challenge not preserved for review. | Issue not properly preserved; affirmed trial handling. |
| Disclosure of counseling records | King’s counseling records may contain material undermining defense. | Records redacted appropriately; essential material omitted. | Court within discretion to redact; no helpful undisclosed material found. |
| Cross-examination about drugs in apartment | Defense should cross-examine on drugs to show bias. | Drug evidence irrelevant and prejudicial; no nexus to charges. | Expanded cross-examination properly precluded; no federal/state constitutional violation. |
Key Cases Cited
- State v. Sideris, 157 N.H. 258 (2008) (circumstantial evidence may support guilt beyond reasonable doubt)
- State v. Rivera, 162 N.H. 182 (2011) (accomplice liability for continuing criminal conduct)
- State v. Anthony, 151 N.H. 492 (2004) (reckless indifference standard for accomplice liability)
- United States v. Figueroa-Cartagena, 612 F.3d 69 (1st Cir. 2010) (latecomer may aid and abet during ongoing crime)