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Old 05-04-2008, 06:09 AM   #149
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Unhappy Islander, please read the Case you cite....

It is unfortunate that even though the public record of this felony is published and readily available, some still have not taken but a moment to review the case they cite.

We have covered this several times before, but once again I will provide the link to the full transcript of the Littlefield appeal HERE and accentuate pertinent portions of the following paragraphs where the Court clearly recognizes the jury’s right to consider the ample evidence provided of Daniel Littlefield’s intoxication on the night of the tragedy.

As this transcript and the original trial transcript clearly show, Daniel Littlefield committed, was convicted and served his sentence for the felony of Negligent Homicide while failing to maintain a proper lookout while operating his vessel due in part to his intoxicated state.

From the appeal:


...There was significant evidence presented concerning the defendant’s consumption of alcohol and his attention level that evening. The defendant testified that he drank four beers during the afternoon of August 11. He also testified that he drank two full glasses of wine, and a portion of a third glass, over the course of the evening in Meredith. Steven Plimpton testified that at approximately 9:00 p.m., he observed the defendant grab a railing after apparently stumbling up the stairs from the beach to the bar area of the Town Docks restaurant. Plimpton also testified that he commented to Tsakiris, "Wow, he seems intoxicated." Tsakiris testified to this same incident. Diane Girard, who had known the Littlefields for a number of years, testified that she started to talk with the defendant that evening, but eventually walked away because she couldn’t understand him very well; it appeared to her that he had been drinking too much — he was slurring his words, and was unsteady on his feet. Jeff Jaran, the chief of police in Sandwich, knew the defendant as an acquaintance for many years. Chief Jaran testified that he spoke with the defendant that evening. He believed the defendant had had "a lot to drink"; the defendant was obviously impaired and "visibly intoxicated," his speech was slurred, and he was unsteady on his feet.
Judith Kelley, a long-time friend of the defendant’s, spoke to the defendant at the Town Docks restaurant that evening. Aware that the defendant had returned the previous day from a two-week business trip overseas, she testified that he "looked tired," and she thought "that maybe he had jet lag or . . . he just didn’t seem wide awake and bright-eyed." Robert Phelps testified that as the Baja prepared to leave the Meredith docks shortly before 9:30 p.m., he observed that the operator had difficulty installing the boat’s stern light, and in pulling away from the dock, because he "realized that he hadn’t undone the stern line." The defendant testified that as he piloted the Baja, he held the boat’s wheel with one hand and had his other arm around his wife, with whom he carried on a conversation. He further testified that prior to the collision, he was looking "straight ahead" at the lights on the Weirs and some boats "way out in the distance."
Given our standard of review in this case, we believe there was substantial evidence of the defendant’s intoxication, his attention level while piloting the Baja, the speed at which he operated his boat on a dark, moonless night, and his failure to see a properly illuminated boat in front of him.
The defendant contends, however, that the jury’s verdict of not guilty on indictment #03-S-007 meant that it had reached a unanimous decision that Mr. Hartman’s death did not occur because the defendant’s ability to operate the Baja was impaired by alcohol to any degree. The defendant further contends that because the jury acquitted him on indictment #03-S-007, it could not take into account evidence of his intoxication in deciding its verdict on the charge of failure to keep a proper lookout. Thus, he argues that we cannot consider that same evidence in our review of the sufficiency of the evidence. The State argues that the jury could consider the evidence of the defendant’s intoxication on the charge of failure to keep a proper lookout. We agree with the State, as our established jurisprudence regarding inconsistent verdicts, and the ability of the jury to consider all of the evidence in deliberating on either charge, belies the defendant’s argument. See State v. Brown, 132 N.H. 321 (1989); Ebinger, 135 N.H. 264; Pittera, 139 N.H. 257...
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