Thursday, January 16, 2014
BRENTWOOD — A Londonderry man and his son, who are accused of running a marijuana grow operation in their home, are arguing that police did not have the right to search behind a locked door when they responded to a 911 call.
Mark Castiglione, 54, and Brandon Castiglione, 19, are each facing four charges, including manufacturing a controlled drug and possession of a controlled drug stemming from a search of their home on May 17.
The Castigliones are arguing that a judge should throw out all evidence found during the search, claiming that it violates their constitutional rights, according to court records.
The father and son were indicted in separate cases, but Assistant County Attorney Terri Harrington has asked a judge to hold a single hearing to determine whether or not Londonderry police were legally justified in their search of the property.
Harrington said in court papers that the same witnesses would be providing the same testimony for both cases if the hearings were held separately. Defense lawyers representing the father and son have made near identical objections in the case, according to Harrington.
Londonderry police were called to the home by a 911 call made by Brandon Castiglione’s girlfriend, who reported that her boyfriend had “bitten” her and made statements that he could harm himself, according to prosecutors.
Harrington argued that police had a right to do a “protective sweep” of the house to ensure no one else in the home was in need of assistance.
Police officers who responded to the home asked Brandon Castiglione for permission to search the residence, according to Harrington. Brandon Castiglione told police that the home was not his and he could not give permission to police for a search.
Two officers decided to do a sweep of the home anyway. “Immediately upon entering the residence both officers noted a strong odor of marijuana,” Harrington said in a court motion.
The officers found two rooms were locked. Upon opening one locked bedroom, police found marijuana being stored in jars, according to prosecutors.
New Hampshire Defense Attorney Richard Monteith argued in court papers that police essentially searched the entire home before obtaining a search warrant under the auspices of looking for people inside the home.
“Apparently, the girlfriend was never asked who was in the house even though she was available at the Londonderry Police Department,” Monteith said in court papers. “Brandon Castiglione was asked if anyone else was in the house and he indicated that there was not.”
Defense lawyers have not yet indicated whether they object to having a single hearing on the matter.
Source: Union Leader
Tuesday, January 14, 2014
The American Society of Legal Advocates
Congratulations! On behalf of the American Society of Legal Advocates (ASLA), it is our privilege to inform you that you have been selected as one of the Top 100 Criminal Defense lawyers in the State of New Hampshire for 2014 and are eligible for membership in ASLA.
ASLA is an invitation-only legal organization comprised of the nation's most skilled lawyers. It was founded with one central purpose - to identify and help promote only the most outstanding legal talent throughout the country. With this mission, we invite lawyers who combine stellar legal credentials with proven commitment to community engagement, leadership, and the highest professional standards. As described on our website, your selection was the culmination of a multi-stage process in which our lawyers independently researched information on tens of thousands of lawyers and, in filling each Top 100 and Top 40 (under age 40) category, ultimately selected less than 1.5% of lawyers nationally. You were selected without regards to whether you choose to join the hundreds of lawyers nationwide who already are members of ASLA, and the selection process is closed in each category once the respective 100 or 40 lawyers in each specialty are invited.
As an ASLA member, you will receive a Certificate of Membership and be listed in ASLA's exclusive, online legal directory as one of the top lawyers in New Hampshire. You will be able to create an unrestricted, full profile of your practice. In addition, members get 50% off all online CLEs with LawReviewCLE (content varies by state) and 30% off forthcoming referral listings with ASLA partner The National Law Institute, as well as the opportunity to-prominently display your recent news on our-web-optimized site. ASLA also supports member-recommended non-profit legal organizations, and we have collaborated with our current members on sponsoring CLEs and other local legal events. This, in addition to enhancing our mission of creating a community of stellar legal talent across the country.
To join, either return the enclosed form or visit our website www.societyoflegaladvocates.org, click on “Confirm Membership" and enter your membership code to begin the activation process. All-inclusive membership dues for 2014 are $200. Congratulations again on your selection. We hope you will choose to be an active participant in ASLA, and wish you continued successes!
Elizabeth Israel & Suzanne Neely,
15851 Dallas Parkway, Suite 600 • Addison, Texas 75001