T}NE STATE OF NEW IIAMPSHIRE

SUPITAMN COURT

No.

ws* **ffiw

STATN OF NXW HAMPSIIIRE

V.

MICHAAL ADDISON

's Erroneous

Michael:4.ddilgn's Mqtion for "Qhanee of "Veng$

Michael Addison invokes this Coufr's original jurisdiciion to review, and vacate,

the trial coud's (McCuire, J.) erroneous denial of his motion to change the venue of this

capital ir:urder prosecution from Hillsborough County (l\{orth) to another judicia} district.

In supporl of his request for relief, Addison reiies an Supreme Court Rule 1 1, as well as

Part I, Articies 15, i7 & 35 of the New Hampshire,Constituticn, and the Fifth, Sixth and

Fourleenth Amendments to the Feder*l Constitution.

Addison cannot get a fair trial in a coufthouse that is so elose to the Manchester

Police Depadment, the victim's place of emploSanent. He cannot get a fair trial in a

community that, in solidarity with its police. has so deeply maumed the victim's lcss. He

cannot get a fair trial in a community that has so vilified the victim's alleged killer. He

cannot get a fair trial in a city which ths victim's brcther officers so faithfuliy serve-a

city in which at least three-quarters of the venire live or work" The media outlet most

focused on this community continues to cover the case in a manner that inspires

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er:rotion.' Elected officials have spoken of this crime, and continue to speak of it, in a

manner that fosters the community's passion and outrage.

The community prejudiee against Addison differs by an order of magnitude from

that seen in any New Hampshire case to date. 'fhis is not a ease in which media interest

was provoked by the salacious details underlying the motive for the murder. This is not a

case in which the defendant has held hIS own interviews with the press, or public

sentiment is divided trretween sl.mpathy for the vietim and support for the accused"

Rather, here, the community stands united against the man accused of kiiling its poiice

officer. The trial couft's characterization of this case as another high-profile murder

prosecution with significant press eoverage understates the ease's significant anel its

impact in the community.

Under the court's order, Addison must draw his jurors from a community that has

itseif been traumatized i:y his alleged conduct. That jury would decide not just Addison's

guilt or innoeence, but whether he lives or dies. This is fundamentally unfair. Given the

interests at stake, this Cou:f must intervene.

In supporl of this petition, Mr. Addison states:

1. On October 16, 2006 at about 2:45 a.m., a man shot and killed Manchester

Police Officer Michael Briggs" Autharities arrested Michael Addison in Massachusetts in

the late afterreicn of the same day. The Attorney Generai has charged him with capital

I At the hearing on the motio:'r, i* parlial support of this assertion, Addison eited the Union Leader andWMUR eoverage of the plea and sentencing of his alleged acccmplice in reeent crimes, Antoine Bell-Rogers. Addison submitted to the court the front page of the Unio:r Leader, which led with a story thatimplied the new Manehester Chief did not want to live in Manchester due tei the crime rate, had below thatstary in all capital letters, "AIDISON FRIEND SENTENC:D," a::d had below that a photo of 3el1-Rogerslext to that of rows of *nifonned afficers who were atlendinc the hearins.

murder" Jury selection is to begin in Hiilsborough County {Nor1h) Superior Court on

September 22, 2008.

Vndqrlyrlg Prqqqqdiqg$

2. on Aprii 28, 2008, Addison fi1ed a motion for ehange of venue, which is

attached to this petition. Addison submitted supplementai materials that includsd several

hundred newspaper articles and newseasts about the case; twenty-six pages of

spreadsheets that catalogued comments about the case by citizens, police, and politicians,

as well as fundraising effons in the wake of Oftcer Briggs's death; a list of over fifty

web sites and web logs that have mentioned or discussed this case; the transcript on the

senate debate over HB 1180, which dealt with establishing a commission to study the

death penalty in Neu, Hampshire2: the 2006 Annual Reporl of the Manchester Poiice

Depafiment and associated materials; materials from the Manchester School District that

descritred police involvement in schools; the Manchester Union Leader's most current

circuiation figures; a copy of the union Leader's "Briggs hdurcier" web page; a copy of a

WMUR web page from a few days after the murder; memos about the number nf articles

that appeared in the Union l-eader in cases the State elaimed were as highly pubiicized as

this one (State v. Labarre and State v. Smart)3; a memo eomparing the Union l-eader's

coverage to that of two Seacoast newspapers; and photographs documenting the location

af the police deparlment in reiation to the oourlhouse.

'in this transcript, a Manchester senator spoke of the community's continuing interest in ar:d support forthe death penalty prosecution.' In the $t ra.{t case, *om the death of the victim to the verdict, the Union learler published approximately9B pieces. In this case, it has published over twice that number.

3. The State oirjected to the motion, and a enpy of the objection is attached. The

court helcl a hearing on June 12, 2008. By written order dated June 25, 2008, the courl

denied the motion for change of velue. A copy of the order is attached.

4. In the trial coutl, the State is represented by Attomey General Kelly A. Ayotte

and Senior Assistant Attorneys General N. Wiliiam Delker and Jeffery A. Strelzin, Olfice

of the Attorney General, 33 capitol street, concord, N.H. 03301" Addison is

represented b'y Richard C. Guerriero, New Hampshire Pubiic Defender, One West Streel,

Keene, N"H. 03431; caroline smith (same address); Donna Brown, New Hampshire

Public Defender, 10 Ferry Street, Concord, N.H. 03301; and David M. Rothstein,

Franklin Pierce Law Center, 2 White Street, Concord, hI.H. 03301.

Questian Presented

5" Addison presents the following question for this Courl's review:

Was the trial court's denial of Addison's motion to change venue so substantiallyin confliet with the record and established iegal principles as to war"rant thisCourl's exercise of original jurisdiction, and reversal of the ruling?

Statement cf Facts

6" The facts supporting this petitian are set fonh in Addison's moticn, as well as

the materials he submitted to the trial couft and the argument he rnade at the June i2

hearing. What fbllows summarizes thcse facts.

7" At the time of his death, Manchester Folice Officer Michael Briggs was thirly-

five years cld" In spite of the relative brevity cf his law enforcement career, he had

received citations for his valor and eamed the respect of his colleagues and the citizens

with whom he regulariy interacied. Officer Briggs left a wife, two sons, end many family

members, fiiends, and admirers.

8" In the wake of his death, the community mcumed. His memodal service was

televised, held in Manchester's 7,000 seat baseball stadium, and preeeded by a 3.5 mile-

long procession through Manchester. Well-wishers frcm every walk of life sent their

condolences, and supported his family with tens of thousands of dollars in donations.

Citizens purchased several thousand dollars worlh of t-shirts, decals, bumper stiekers and

buttons bearing his badge number and dedicated to his memory. Cars bearing these

decais and bumper stickers are readily visible in Manchester. Fosthumously, Officer

Briggs was honored and eelebrated in memorial services, dedications, and award

ceremcnies" A stretch of state highway in Epsom was named for him, and the

Manchester Police unveiled a monument to fallen officers outside the deparlrnent after

his death. ln its Annual Reporl. the Manchester Chief of Police thanked loeal citizens

and businesses for thoir unwavering support in the aftermath of the tragedy, and refe:reil

to the partnership between the police force and the citizens it seres.

9. At the time he was arrested, Michael Addison was 26 years old. As porlrayed

in the media, Addison had two children fram different mothers, no job, and a long

criminal record. Dozens of arlicles publicized ihis record, including three incidents in the

week before Officer Briggs's death that resultecl in multiple felony charges. Over

defense objeetion, these charges were tried in November 2007, December 2007, and

February 2008, and resuited in several convictions. All of these cases:eceived

substantial newspaper, television, and intemet publicity. Following Officer Briggs's

death, the media and poiitieians used the case as a springboard to discuss the continuing

prevalence of violent crime in Manehester. Addison comes ftom Boston, and citizens

associated the increased crime rate with the migration af people fi"om places like Boston,

Lawrence and Lowell" Politicians have publicly expressed opinions as to his guilt, and

one has offered to persr:nally execute him" in letters to the editor and web iog eomments,

citizens have expressed their anger and outrage.

10. The Hillsi:orough Cr:unty (1'Ji:*h) Superior Court is on Chestnut Street in

Manchester. It is diagonally across the street &om the Manchester Poiice Depanmenr,

less than 100 yards away. The )epartment is readily visible from the cou*house, and

cruisers are routinely parked near the courthcuse and on streets surrounding the

Deparlrnent" Ernployees park their cars, many of which have decals and bumper stickers

honoring Offieer Briggs, in a parking lot across the street from the eou*house. The

memoriai to fallen officers, while not visible ftom the courthouse, is flamed by flowers

and directly in front of the Department.

1 1 " The judicial district has a pcpuiatic'n cf approximateiy 1 90,000" Of thcse,

over half live in Manchester. Many of the remainder either work in Manchester, or spend

substantial tirne there" Manshester is the home and predominant focus of the state's

largest newspaper, the tJnion Leader, which aecording to its circulation figures has

roughly i 7,000 subscritrers in N,{anchester. By contrast, t}re paper has only about 1 100

suirscribers in Nashua, a eity of cornparable size" To date, the Union Leader has

pubiished nearly 220 articles in which this case is either the primary focus, or mentioned

in conjunction with another issue or ease of great publie interest (e.g", the state's olher

death penalty case; debate over the death penalty; & aase invoiving Antoine Bell-Rogers,

Addison's alleged aceompiice in other crimes; or another serious murder case).

$tirtpmenl of Reaspnr !q AEqgpt felitian

12" "Cerliorari review is limited to whether the trial sourt acted iilegaliy with

respect to jurisdiction, authority or observance of the law or unsustainably exercised its

discretion cr acted arbitrarily, unreascnably, cr capri*iously"" Potition of State of New

Harnpshire 6tate v. Victor Laparte), No. 2007-0587 (slip. op. at 2XN.H.April 10, 200g)"

"We exercise our power to grant the writ sparingly and only where to do otherwise eouid

result in substantial injustice." Pqtltrpa q{thgSlqle qf NsvHaupshire, 152 N.H. l g5,

187 r200s).

13. That standard is satisfied here. The trial courl's decision derives from a

misapprehension of Addison's position" The court states that Addiscn relied solely gn

overwhelming and inflamrnatory publieity to supporl iris request. Order at 8. This is

incorect. This case has gamered immense attention in the two media oiltiets of greatest

interest to the prospective jurors, and from the defense perspective, the attention has been

unifarmly negative" This is, indeed, significant. g_eC Steblay, q1 pi., The Sf&sts of

Pre"lq.pl Pgblisi${ qt Jqrqr Ys_r$qts; A Meta"-Analy.ttq Rsvisy, 23 Law and Human

Behav. 219,229 (1999)("Jurors expos€d to publicity whieh presents negative infcrmation

about the defendant and the crime are more likely to judge the defendant as guilty than

are jurcrs exposed to limited lpre*trial publicity]."). However, the motion did not rely

meroly on the volume or nature of the publicity. The central problem is not the coverage

in itseld but the community sentiment which it refiects and encourages. This crime

occurred when the community was acutely concerned about erime, saf,ety, and the eroslon

of its values. Few embodied the fight against those fbrces better than OfXcer Miehaei

Briggs" Converseiy, Michael Addison represented what the community most feared"

When ono was charged with killing the other, the community mourned, and then joined to

condeinn not ontry the aet, but the alleged actor.

14" In a community thai is so affeeted by the crime, a 'Juror perceives that there

is such strong community reactiein i:r lavor of a particular outcome of a trial that he or she

is likely to tre infiuenced in roaching a verdict consistent with the perceived community

feelings rather than an imparlial evaluation of the triai evidence." Neil Vidrnar, C.asg

Studips of Pie" and \4idtrial kgl$dlce in qrylli+al an Qivii Litieatiqn, 26 Law and

Human Behav. 73, 81-82 (Feb. 2002); seq alsq-, Vidmar, Retnbqtivq jq$tiqe; ll$_Social

eon&{, in M. Ross and D.T. Miller (Eds.), The Justice-MeJivs in Everirdav Lifq, at 298

(Cambridge University Fress 200i)("lC]ases strongly suggest that the rnore criminal

events threaten group or cornmunity values, the st:onger wiil be the punitive reactions

and attempts io achieve consensus to reaffirm those vaiues.").4

15. While in many eases the passage of time rnay dissipate an initialiy pre.iudicial

trial atrnosphere, ihis community will not forget. and it shouid not forget. It has never

seen such a reacticn to a death within its boundaries. The venire that would judge

Michaei Addison is serued by victim's brethren and is united with them in grief and

puryose. These officers patrol their streets, counsei their kids, facilitate their

neighborhood watch groups, and protect their community against the threat represented

by people like the man who is on triai for his life. in this case, beoause it is ditTerent than

all other cases, this Courl should aet with an abundance of caution and move it to a

judicial district in which the venire did not lose its awn police ottcer". SEe $ta!q. v.

Jshgsojl, 134 N.H. 570, 576-77 (i991X"when a defendant's life is measured as an

u Frofesssr Vidmar's work has been ciled by many cour:s, including the United States Supreme Co:l"t. $eeMotion lor Change of Venue at p. i 0, n. I .

appropriate punishment, a coufi must be pafiicularly sensitive to insure that every

safeguard is observed."i; Ugrlsd_$lates v"MgYq1gb,918 F.Supp. 1467, 1474 (W"D. Okla.

1996X"1T]he penalty cf death is try its very nature different from all other punishrnents in

that it is {lnal and irrevocable. . . ."); S1a!e y-Kqedatlgb, 548 A"2d 939, 96g (N.}"

1988)("Trial cout'ts should not be reluctant to grant motions for change of venue in

capitai c&ses. On the eontrary, ecurls should grant such motions 1ibera11y.").

16. In its order, the court attempted to justify its decision based on the reiative

ease with which juries were selected in the felony cases for which Addison has stood

trial. Order at 1 5- 17. The parties were not attempting to select capital case juries and the

voir dire process in each approxirnated that employed in any felony prosecution,5 Should

this Courl examine Arldison's petition beyond the paper"work he has sutrmitted, a study of,

the most recent jury selection, in Fetrruary of 2008, would demonstrate the degree to

which this community identifies with this case.

17. In its order, the trial courl fuund that 41 of 55 prospective jurors reported

farniliarity with Officer Briggs. That there is such familiarity more than 16 months a*er '

the murder says much about the enduring impact of this case. Xowever, by defense

counsel's tabulation {as reiated to the court at the }rearing on the venue motion), 52 jurors

reported at least some familiarity with the capitai oare.u Moreover, if oniy seven were

dismissed because they said they had made up their minds as to Addison's guilt in the

capital case, ssveral more were disrnissed before that question could be asked^ Many of

these p*ople, given the reasons far their dismissal, would in all ]ikelihood have responded

'The delbnse requested individual voir dire and a specialjuror questionnaire. These request$ were denied6 lt might be that the other jurors had heard of the case, but diri not specifically menlion Officer Briggs. Afewjurcrs had scheduling conflicts necessitating dismissal, so thosej*rors were nol asked any questrons.

in kind with the seven"T These peopie include two who iived in the area of the shooting,

one who was working at Elliott Hospital when Offieer Briggs was broughf there, one who

knew Officer Briggs, one who lived next door to the Manchester )eputy P*lice Chief,

two who knew key detectives, one whose husband was a Manchester police officer, one

who was a police officer, one who was maried to a police officer, three who had lesser

connections to Manchester polioe officers, and two or three who were dismissed sirnply

because they were going on vacation or had another scheduling confiict. Had there treen

a reason to ask these 15 people if they could be fair in spite of what they knew about the

case, or if they had pre-judged Addison"s guiit, at least seven more would have been

excused due to pre-judgment or an inability to be fair based on their knowledge of the

capital case.

1 8 " Of course, the parties could, as the trial *ourt's order requires. try to find 1 8

people who say they can be fair and imparlial out of the 900 the eourl intends to summon.

Indeed, with a ratio of 50 excused or absentee jurors fcrr every one seiected, ir is

ccncededly quite possible. However, if the prospective venire is so suitable for this ease,

conventional wisdom wouid suggost that 900 jurors would not be neede<l. Moreover,

given the proxinity of the courthouse to the police department, the status of the viqtim in

the community, the ties betwesn the community and its police deparlrnent, and the

intensity of community sentiment, olrjeetive observers may still harbor doubt as to

whethsr those 18 are wholly free of residual bias, even if they swear they wili do their

' Addison accepts the courl's tally. From his notes, the number dismissed becaase they arliculated adisqualilying bias relating to their knowledge of ihe case was slightly higher {nine) liurors made thefollowing comments when they approachetl the bench: "can't put aside knowledge"; "probably guilty";"guilty"; "no: 100% sure" can put feelings aside; juror voiced strong p€rsonal feelings; juror not sure couldbe fair; "felt guilty";juror can't be unbiased; juror knew a lot about case, including that Officer Briggs wasa "dad." ).

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level best to atTord Miehael Addisr:n the presumption of innocence and hold the State to

its burden of proof.s

19" ln ils order, the coutt also cited the alleged racial diversity of Hillsborough

(Nollh) as a reason to keep the case in the judicial district" As counsel stated at the

hearing, while Manchester may be more racially diverse than other areas: the diversity

does not translate to any greater propodion of prospective African-American jurors. In

the panels summoned for the two previous felony trials in Hillsborough (North), there

were no A&ican-Ameriean candidates for jury seleclion. In a recent order denying

Addison's claim that the mode ofjury selection violates his right to a fair cross-section of

minority juro: candidates, the courl found that no meire than 1.23% of the Hilisborough

(North) pcpulaticn is African-American and of voting age. $gq Order on Motion to

Dismiss at 4 (posted on New Hampshire Judicial Branch Website July 1, 2008). With

sueh statistioally insignificant flgures, the supposed racial diversity of Hiilsborough

(North) will make no ditTerence in jury selection, and thus does not favor keeping the

case in this judicial district.

20. The tragic deatli of Officer Briggs has generated more than immense

publicity that consistently porlrays his ascused killer in the most negative light. Because

it occurred against the backdrop of a perceived increase in violent crime, and it was the

most violent crime against the city's last defense against violent erime, the case has

inspired fear, anger, and the desire for vengeance. Because Addison comes ftom urban

o Much research supports the proposition thatiury selectir:n in capital cases is an ineffective tool inferreting ou: juror bias and prejudice. $eE, Q.9., Craig Haney, Ex:cution ancl WrongtLl CqndemQirtions:Expanding the &qtte qf FqraeiyS_d Jnjllslisq-in Dealh_P$alty Case, 37 Golden Gate Univ" L. Rev. 13 i, 153(fall 2006X"1n addition to the failure of voir dire to effectively reduce or eliminate publicity-createdbiases, jury select:ion in death penalty cases . . . "tilts the jury first towards guilt and then towards death, byremoving too many of cefiain kinds of people from the poo1, and by affecting the expeciatiors andperceptions of those who remain."){quotatio:r omitted).

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h4assachusetts, and Jocal residents perceive him as bolonging to a class of people most

responsible for lhe most violent erimes, emotions run higher. Because Officer Briggs

was such an outstanding member of the city's police force and Addison is pe:ceived as

being so rnuch the antithesis, it is fundamentally inappropriate for this trial to cecur not

just in the crucible of these powerfui feelings, but less than a hundred yards fiom the

Manchester Police Depadrnent. In [abg!g]], this Courl recognized that "death is

difTerent"" In order to make sure it is not imposed unfairly, arbitrarily, or irased on

community prejudice, this case must be moved to a different judicial district.

WHFREFORE, Mr" Addison respectfully requests that this Honorable Court grant

his petition? rev&!:se the trial cou$'s order eienying his motion to change venue, and

remand his ease so the trial coufi can oonvene a hearing on where to mcve this case.

ch'ard Guerriero, PublieN.H. Public Defender20 Merrimack StreelMancheslcr", NH 03301(603) 6p9-78SS ,s_

Donna Brown, PrlbliN.H. Public Defbnder10 Feny Skeet, Suite 202Concord, NH 03301(603) 224-1236

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David ftrthstein, Fublic Defender

CEsW

i hereby celti$, that a eopy of the foreg6ing Motionof July 2008, ta the Office of the Attomey General.

Frankiin Pierce Law Center2 White StreetConcord, hlH 03301(603) 228-e2 1 8

-*-AOne West StreetKeene, NH 03431(603) 3s7-4891

Rothstein. Fublic

StL day

1 at - l