State v. Peters, 162 N.H. 30

Defendant Todd Peters was convicted of two counts of first-degree murder in Manchester, NH.
Victims Edith Riley and Timothy King were murdered Oct. 11, 2008; defendant was seen near the scene and connected to the crimes.
Defendant argued against in limine rulings excluding evidence of alternative perpetrators and excluding testimony from Verizon cell-record keeper.
Cell phone call detail records allegedly placed at 3:35 a.m. by defendant’s call, tied to a Manchester tower, were admitted as business records.
Trial court admitted the Verizon records without Daubert hearing; defense sought exclusion or expert handling; State argued lay testimony sufficed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of other-perpetrator evidence	State contends alternative-perp evidence lacked direct link but could impeach defenses.	Peters argues such evidence shows possible other killers and should be admitted.	Harmless error; evidence was cumulative and did not affect verdict.
Admissibility of Verizon call-detail records and keeper testimony	Keeper testimony permissible as lay witness; business records foundation adequate; Daubert not required.	Records are scientific; require expert and Daubert reliability.	Harmless error; records were cumulative and independent strong proof.

State v. Etienne, 146 N.H. 115, 767 A.2d 455 (2001) (harmless error standard applicable to admission/exclusion of evidence)
State v. Gordon, 161 N.H. 410, 13 A.3d 201 (2011) (harmful error standard for evidentiary rulings; weighing strength of evidence)
State v. Littlefield, 152 N.H. 331, 876 A.2d 712 (2005) (consciousness of guilt evidenced by flight)
State v. Evans, 150 N.H. 416, 839 A.2d 8 (2003) (consciousness of guilt shown by exculpatory statements later found false)
Nguyen v. State, 273 Ga. 389, 543 S.E.2d 5 (2001) (evidence of attempt to influence witness as consciousness of guilt)