New Hampshire v. Guay
Annotate this CaseAfter a jury trial in superior court Defendant Christopher Guay was convicted of three counts of aggravated felonious sexual assault (AFSA), and one count of felonious sexual assault (FSA). On appeal he argued that the trial court erred by: (1) failing to grant his request for a mistrial; (2) failing to dismiss one of the three AFSA counts; and (3) denying him access to all of the victim’s medical and counseling records. The victim was Defendant's biological daughter, who was allegedly assaulted twice in 2008. At trial, Defendant testified in his own defense. During testimony, immediately after he stated that listening to the victim's accusations against him was "heartbreaking," the victim shouted out from the back of the courtroom, "You’re such a freakin’ liar." The trial court denied Defendant’s request for a mistrial but twice issued curative instructions to the jury. The jury found Defendant guilty on all three counts of AFSA and one count of FSA. Upon review, the Supreme Court found that Defendant was convicted based upon insufficient evidence of guilt, and "to allow the defendant's conviction to stand would seriously affect the fairness and integrity of judicial proceedings." The Court reversed the trial court's decision as it pertained to one AFSA charge. The Court affirmed the trial court in all other respects. The case was remanded for further proceedings.
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