Recount demanded on biosolids and selectman votes in Gilmanton

GILMANTON — The town will hold a recount at 6 p.m. Wednesday at the Academy Building for the three-year seat for one position on the Board of Selectmen and for warrant Article 2 relative to banning biosolids.

The election results for selectman as reported on March 8 were 513 for Steve McWhinnie and 501 for Don Guarino, or a 1.25 percent difference in the number of votes cast. Town Clerk Tax Collector Debra Cornett said Guarino paid a $20 fee for the recount as is mandated by state law because the difference was greater than 1 percent.

The vote for the ban on biosolids was 501 for the ban and 531 against the ban. One of the lead petitioners Len Swanson and nine others petitioned the town for a recount and paid a $10 fee as is mandated by state law for petitioned articles.

Cornett said the Board of Recounts consists of her, Town Moderator Mark Sisti and the three selectmen. She said that because one of the requests for a recount involves Guarino and McWhinnie, outgoing Selectman Rachel Hatch will accompany Marshall Bishop and Michael Jean.

She said the first recount beginning at 6 p.m. will be for the selectman's seat and the second one will be for the sludge ban.

— Gail Ober

Judge tosses evidence in 2015 meth case

By GAIL OBER, LACONIA DAILY SUN

LACONIA — A Superior Court judge has thrown out the evidence the Belknap County Attorney's Office was depending on to convict a Lakeport man of possession with intent to sell nearly $44,000 of methamphetamine.

In a 17-page ruling issued late last week, Judge Peter Fauver determined that the police had already relinquished control of the car being driven by Peter Dauphin, 43, of Appleton Street before they searched it. The search led to the discovery of the methamphetamine as well as a confession.

"In the present case," wrote Fauver, there is no dispute that law enforcement had not taken physical custody of the Pontiac at the time Officer [Richard] Carlson conducted the inventory search."

Carlson and his training officer saw Dauphin drive from Clinton Street across Lakeport Square on to Elm Street at what they said was a higher rate of speed than was allowed. They followed him to the corner of Sheridan and Appleton Streets and pulled him over.

After realizing the license plates didn't not belong to Dauphin, the police decided to cited him for speeding and for misuse of plates, which required the plates come off of the car and that it be towed.

Dauphin, who lives about 200 feet from the traffic stop, asked police if he could have the car towed to his house. Police agreed and told him he could negotiate his own tow contract with tow company. While Dauphin was arranging the tow, police decided to conduct an "non-investigative" inventory search of the car but it was after he had arranged for his own tow.

During the search, police found methamphetamine under the front passenger seat. Dauphin was arrested and taken to the police station where he admitted he had more methamphetamine in his home. All totaled, Laconia Police found 8.3 ounces of methamphetamine and $11,000 cash in his home. Gilford Police found a small amount of heroin somewhere in his business in that community.

Fauver wrote that "the word 'impoundment' necessarily centers of the broader concept of 'possession': namely that law enforcement must take legal possession of the property in question."

Because Fauver determined the search of Dauphin car was unlawful, he suppressed all of the evidence in the case under the doctrine of "fruits of the poisonous tree," which means the statements he made to police and subsequent search warrants for his house and business came from an unlawfully searched vehicle.

Northfield Police raid nets $9K in drugs, cash and a rifle (202)

NORTHFIELD — A raid on a house on 146 Hodgdon Road Monday night led to the arrest of a local woman and the confiscation of about $9,000 in heroin and methamphetamine.

Police Chief John Raffaelly said he and six officers from Northfield and Tilton surrounded the home with an arrest warrant for 26-year-old Ashley Sargent.

Raffaelly said Sargent didn't open the door initially so police broke it down and found her and her boyfriend inside. He said the unidentified man was temporarily detained and later released while Sargent was charged with one count of possession of controlled drugs and one count of possession of controlled drugs with the intent to sell them.

Police said they found 55 grams of suspected heroin and 23 grams of suspected methamphetamine in a safe. Raffaelly said they found packaging material, a loaded rifle, and various needles and other drug paraphernalia in the home.
Police found $700 in cash.

She faces an additional charge of receiving stolen property for having a Polaris ATV that had been reported stolen from Groton and some stolen electronics from area retailers.

Sargent was held of $1,000 cash and $10,000 personal recognizance bail. He posted bail and has a court date of May 3 in the 6th Circuit Court, Franklin Division.