All rise..... Jury led in

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

12 Jury plus 4 Alternates

9 females 7 male

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Charges - Summary Via Jury Instructions

Charged with 5 offenses - consider each one separately... each with elements that the STATE has to prove (all of the elements)

3 Charges alleging Murder (alternatives)

2 charges alleging 1st degree Murder.

1. Purposeful FDM by strangulation

2. Knowing First Degree Murder While committing felony (sexual assault)
(STATE have to prove there was no consent... defense do not have to prove there was consent)

Jury can find him guilty of either or BOTH of 1st Degree Murder charges.

If NOT 1st Deg, then....

3. Reckless 2nd Degree Murder

In addition to Murder Charges....

4.Conspiracy (tamper with witnesses/informants)
(Multiple instances - 13. Jury must unanimously agree on at least 1 of these instances)

5. Conspiracy - Falsification of physical evidence
(Multiple instances (10) eg 2 x cell phone messages, concealing body, disposing of clothing and rope, using car to transport body, dumping body, breaking cell phone /GPS, disposed of broken phone, drove car away and abandoned, discarding various items in dumpsters etc)

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

As Jury instructions go.... I thought that was pretty good... clear enough. Provided the Jury "focus' on what the Judge just told them

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Judge almost done.. it i his normal procedure to have one last sidebar first

sidebar

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Judge selecting 4 of 16 jurors at random to separate out as alternates

FWIW - Alternates are: 15, 12, 13, 2

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Another sidebar with Jury gone

Sidebar

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

I do NOT claim to have followed this case closely. I did not follow it at all before the trial and only picked up on it towards the end of the State presentation.

However, FWIW, my prediction....

NOT GUILTY on 1 and 2

GUILTY on 4, 5

Not exactly sure on 3. (Hung Jury?)
May well be found guilty of 3, but...
I think 3 is a bit iffy. The "Reckless" part may not have been proven beyond reasonable doubt? I wonder if there should have been some sort of "Manslaughter" charge? Death as a result of bizarre sexual acts. Not intentional?

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Court came back for.....

sidebar


Session ended without revealing the question or the answer

Reported that question was "minor". It will be revealed AFTER the verdict.

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Mazzaglia found guilty of killing UNH student
Jury delivers verdict after several hours of deliberations
By Kirk Enstrom
UPDATED 2:30 PM EDT Jun 27, 2014

DOVER, N.H. —After about eight hours of deliberations, jurors on Friday found a Dover man guilty of killing a 19-year-old University of New Hampshire student.

Seth Mazzaglia, 31, was found guilty of first-degree murder in the October 2012 death of Lizzi Marriott, 19.

The jury found Mazzaglia guilty of knowingly or purposefully killing Marriott by strangulation, as well as killing her in connection with a felonious sexual assault.

Mazzaglia showed no emotion as the verdict was read.

Marriott's father, Bob Marriott, said after the verdict was read that he was grateful for the jury's decision.

...more at link
http://www.wmur.com/news/mazzaglia-foun ... 742#!4WUFG

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

I am a little surprise... but as I said I did not follow the trial.

GUILTY on all counts (excluding 2nd degree of course)

Sentencing date not set.

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Seth Mazzaglia found guilty and locked up for a very long time is a good outcome. I have ZERO desire for Seth to avoid being punished, but.....

As always I am also concerned with HOW the justice system works. Was this really DOUBLE first degree murder? Proved beyond reasonable doubt? How did the jury come to that decision? Was it (as it should be) based on the evidence in the context of applicable law, or was it influenced by "Justice for Lizzie" and emotion? I think Guilty of Murder 2 as well as the conspiracy charges would have been appropriate. I imagine that would have been sufficient to ensure a very long prison term (life). I also have concerns about a system of justice that results in Kathryn McDonough being let back out into society after a short prison sentence.

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Juror: Mazzaglia showed no remorse
Sunday, June 29, 2014

DOVER, N.H. —Jurors found Seth Mazzaglia guilty of first-degree murder Friday in the Lizzi Marriott homicide case

Marriott was a student at the University of New Hampshire. Friday’s verdict comes almost one month after the trial began.

Jurors convicted Mazzaglia for killing her by strangulation and for killing her in connection with sexual assault. He was also convicted on charges of witness tampering and falsifying evidence.

The jury took 24 hours to reach the verdict. The trial included sordid sex details and the final minutes of Marriott’s life.

Maria was one of the 12 jurors who convicted Mazzaglia. She requested her last name not be revealed.

“It’s heart-wrenching,” she said. “I don’t think it’s something they’ll ever get over.”

...more at link
http://www.courtchatter.com/2014/06/jur ... l?spref=tw

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Mazzaglia in court next week on escape attempt charge
By Kimberley Haas
Thursday, July 3, 2014

DOVER — A status conference has been scheduled for Seth Mazzaglia, the city man who was convicted last Friday of two counts of first-degree murder and two counts of conspiracy for his involvement in the death of Elizabeth “Lizzi” Marriott, a University of New Hampshire transfer student he strangled and raped on Oct. 9, 2012.

Mazzaglia, 31, will be before the court on July 9 relating to a charge against him that was not heard during the course of his monthlong trial. That charge is for criminal solicitation to acquire implements for escape and other contraband which relate to Mazzaglia's attempts to break out of Strafford County House of Corrections.

Mazzaglia was indicted by a grand jury on the charge Nov. 14, 2013, after authorities learned he recruited his cellmate, Ryan Bachman, to help him plan an armed and violent escape from custody. Mazzaglia provided Bachman with the details of his elaborate plans and access to his bank account in 2012, prosecutors said.

...more at link
http://www.fosters.com/apps/pbcs.dll/ar ... ewsletters

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light