Argued May 15, 2014.
Under New Hampshire procedural rule this decision is subject to motion for rehearing, as well as formal revision before publication in the New Hampshire Reports.
Joseph A. Foster, attorney general ( Heather A. Flanner, attorney, on the brief and orally), for the State.
Christopher M. Johnson, chief appellate defender, of Concord, on the brief and orally, for the defendant.
CONBOY, J. DALIANIS, C.J., and HICKS, LYNN and BASSETT, JJ., concurred.
The defendant, Kevin Rawnsley, appeals his conviction by a jury of robbery. See RSA 636:1 (2007). On appeal, he argues that the Superior Court ( McNamara, J.) committed plain error when it failed to strike certain testimony by the defendant's former wife, Stacey Rawnsley. See S.Ct. R. 16-A. We affirm.
The parties do not dispute, or the record establishes, the following facts. The defendant's conviction arises out of events that occurred on February 16, 2008. At approximately 10:00 p.m. that night, Mohammed Ahmed was working at the K2 Market in Pittsfield when a masked man entered the store. When Ahmed asked the man for his name, the man replied, " Jon Benedict." The man approached Ahmed, who was turning off lights in the refrigerated display cases, and struck him on the head with a baseball bat, knocking him to the ground. The man then struck the cash register with the bat until it opened, stuffed cash from the register into his sweatshirt, and fled the store.
A passerby saw the man flee the store and heard Ahmed's cries for help. The passerby called 911, and, when the police arrived, described to them the man's clothing. A police tracking dog followed a scent from the store through parts of downtown Pittsfield. The track failed to lead the police to a suspect.
No suspect was identified to the police until four years later, in 2012, when Stacey contacted the police, offering to provide information about the K2 Market robbery in exchange for consideration with regard to criminal charges that were then pending against her. Stacey reported to the police, and testified at trial, that she believed that the defendant had ...