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Dartmouth-Hitchcock to lay off 100 workers LEBANON, N.H. (AP) -Dartmouth-Hitchcock has become
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NH man arrested after crawling from crash scene CONCORD, N.H. (AP) -- A New Hampshire driver who crashed
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maddiehanna: At court hearing this am for Steven Chern, the Bow doc arrested last month on charge he sexually assaulted a patient. More info coming.
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BenLeubsdorf: We have our first prediction. Anyone else? RT @wkxlnhchris: @BenLeubsdorf Turnout will be 13.7%
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BenLeubsdorf: In the 2007 Concord election, citywide turnout was 20.26%. In 2009, with no contested mayoral race, it was 10.9%. #Election2011
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decision not to dismiss certain jurors, including a woman who knew one of the witnesses. Briefs have not yet been filed, so it's unclear what the focus of Willis's appeal will be. But all 14 questions are not likely to make it into the appeal, said Chief Appellate Defender Christopher Johnson, whose office will be handling the case going forward. "It's certainly possible we could raise 14 issues, but that would be exceptionally unusual," Johnson said. Since the trial transcript isn't complete, the appellate defenders haven't yet reviewed the questions from Brown and Belanger and met with the attorneys to discuss the most significant issues, he said. To win an appeal, Johnson's office must demonstrate that a significant error occurred during the trial stage of the case. In Willis's trial in May, Judge Larry Smukler ruled before Phelps took the stand that the pastor's conversations with the defendant weren't protected by religious privilege, which is provided for in the rules governing state court proceedings. Those rules say that an ordained minister isn't required to disclose a confession made to him in his "professional character as spiritual advisor" unless the confessor waives the privilege. For the two conversations in question in Willis's case, Smukler said the religious privilege didn't apply because Willis's statements weren't confessions. The first conversation happened after Phelps got a call from a church member about an emergency involving the girl, Tina Anderson. At Anderson's house, Phelps learned that girl was pregnant, and Willis was the father. He called Willis the next morning and asked him to come to his office, where Willis admitted to having sexual contact with Anderson twice, according to Phelps's testimony.
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That doesn't count as a confession, Smukler said, because Willis hadn't attempted to seek guidance or counseling from Phelps, and the pastor called for the conversation as part of an "investigation" he was conducting into whether church rules had been broken. Smukler said the same reasoning applied to the second conversation in question, which happened on the same day as the first and involved Willis telling Phelps that he had been the "aggressor" in his conduct with Anderson. But beside the investigative purpose of the conversation, Willis's wife and the pastor's wife were also present, meaning Willis waived any privilege to keep the statements confidential, Smukler said. (next page )
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Concord: Church rape appeal goes to high court - Page 2 | Concord Monitor
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Smukler made those arguments in a written order that expanded on the oral ruling he issued during Willis's trial, after the attorneys questioned Phelps outside of the presence of jurors. Phelps said during that questioning that he had consulted an attorney before speaking to Willis, was aware of the religious privilege and didn't want to violate it. Johnson said yesterday it could take months for the trial transcript to be prepared and reviewed. He said the court won't assign a due date for both sides to submit briefs before the transcript is complete. (Maddie Hanna can be reached at 369-3321 or mhanna@cmonitor.com.)
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