Verrill murder trial facing some trials of its own after discovery blunders

Murder suspect Timothy Verrill strides into court on Thursday behind members of his defense team. (Rochester Voice photo)

DOVER - The judge in the Timothy Verrill murder trial will hear arguments today on whether the case should be dismissed on the basis of what the defense colors as a complete breakdown of the rules of discovery with regard to trial evidence.

The development arose on Thursday as it came to light that what was alleged to be exculpatory evidence was somehow not included on discovery items sent Verrill's defense team.

Discovery refers to the process under which the state supplies all of the evidence they have in the case to the defense so they can best serve their client and not give prosecutors an unfair advantage.

Defense attorney Julia M. Nye argued that as part of the discovery process law enforcement was obligated to share all interviews and text messages investigators had had with subjects they contacted during their investigation of the double murder of Christine Sullivan of Farmington, and Jenna Pellegrini of Barrington that occurred on Jan. 27, 2017.

Senior Assistant Attorney General Peter Hinckley called the oversights "indefensible" but pointed to the 10,000 pages of witness testimony and scores of interviews done by multiple investigators in New Hampshire and Florida on numerous individuals, often in duplicating efforts, that had allowed some to fall through the cracks.

In making her argument to have the case dismissed, Nye questioned the lead investigator in the case, Brian Strong of the State Police Major Crimes Unit, as to how he had intended to ensure that the defense had all the evidentiary items they needed to properly represent Verrill, who came to the court in jail garb since no jury was present during Thursday's 2 p.m. hearing on a motion to dismiss.

Strong said he had a spreadsheet to make sure everything pertinent was sent, but often he had let things slide because there was so much to do.

State Trooper Stephen McCauley was also questioned by Nye, who referred him to several interviews she had learned he had that he had not properly "memorialized" and referred to Strong.

Many of those interviews took place in Florida among friends of convicted drug dealer Dean Smoronk, Sullivan's longtime girlfriend. The defense has painted Smoronk as a possible suspect in the killings or planning of killings.

Hinckley, in cross-examination of Strong and McCauley, asked them repeatedly if they had done anything intentionally to withhold possible exculpatory evidence or any kind of discovery item from the defense, to which both men insisted they had not.

Strafford County Superior Court Judge Steven Houran will hear final arguments on the case being dismissed this morning.

Even if it is not dismissed, the revelations on Thursday will have profound impact on the trial going forward, as more subpoenas may be issued for witnesses the defense says they never knew about until Wednesday, many of whom will have to travel up from Florida.