State v. Tabaldi, 165 N.H. 306

Background

On March 25, 2009, State police conducted a controlled buy using a confidential informant (CI) who bought cocaine after visiting a Rochester residence; the CI returned with cocaine and had no buy money afterward.
Surveillance shifted from the original target (Heather Taylor) to defendant Matthew Tabaldi; after the buy the defendant and Taylor left together in a BMW and were stopped by police.
Searches of the BMW and defendant’s residence (shared with Kenneth Vaillancourt) produced items linking Tabaldi to drug distribution (ledgers, baggies, scales, cutting agent, pipes, plastic sandwich bags, and cocaine found in Tabaldi’s bedroom); buy money was assertedly found on Tabaldi’s person.
Tabaldi admitted to police that he dealt drugs and in a recorded call referenced waiting for a “girl” and making a “sale” on March 25, and said he expected to serve a long sentence.
A jury convicted Tabaldi of selling cocaine, possession of cocaine and crack cocaine, being a felon in possession of an electronic defense weapon (EDW), and receiving stolen property (firearm). He appealed several rulings; the Court affirmed all convictions except the EDW charge, which it reversed with prejudice for insufficient evidence.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Tabaldi)	Held
Whether prospective juror H.S. should have been struck for cause	Juror could lay aside concern about defendant’s felony status and decide on evidence	Juror’s expressed reservations showed she could not be impartial	Trial court did not abuse discretion; juror found sufficiently impartial; affirmed
Sufficiency of evidence for felon in possession of electronic defense weapon	Device found in defendant’s bag was a taser; officer activated it and saw sparks, so it was capable of incapacitating	Testimony was insufficient to prove device was designed/capable of producing required electrical charge	Reversed with prejudice — evidence legally insufficient to sustain conviction
Sufficiency of evidence for possession of crack cocaine (constructive possession)	Crack cocaine found between driver’s seat and center console and near defendant’s personal items supports constructive possession	Could have belonged to Taylor (or Vaillancourt); State failed to exclude rational innocent inferences	Affirmed — jury could reasonably find defendant had dominion/control; conviction upheld
Admissibility of testimony that buy money was found on defendant (hearsay/confrontation)	Testimony was admissible to explain police procedures and was offer of witness’s understanding	Testimony was hearsay (report of others); violated hearsay and confrontation rights	Testimony was inadmissible hearsay but admission was harmless beyond a reasonable doubt due to overwhelming alternative evidence; conviction stands
Admissibility of photographs of defendant holding money (prejudice/relevance)	Photos show dominion/control over room and links to drug distribution	Photos were irrelevant and unfairly prejudicial, particularly image near photos of his child	Trial court did not unsustainably exercise discretion; photos relevant and not unfairly prejudicial; admitted

Key Cases Cited

State v. Gordon, 161 N.H. 410 (2011) (insufficient-evidence reversal bars retrial under double jeopardy)
State v. Town, 163 N.H. 790 (2012) (standard for excusing juror for cause; demeanor/credibility review)
State v. Weir, 138 N.H. 671 (1994) (trial court’s juror impartiality findings entitled to deference)
State v. Trebian, 164 N.H. 629 (2013) (sufficiency review standard; circumstantial evidence rule)
State v. Smalley, 148 N.H. 66 (2002) (elements and proof of constructive possession of controlled substances)
State v. Duran, 162 N.H. 369 (2011) (jury’s prerogative to choose among reasonable inferences on possession)
State v. Dion, 164 N.H. 544 (2013) (review entire record where defendant presented evidence after denial of motion to dismiss)