CONCORD, N.H. (AP) - The New Hampshire Supreme Court rejected on Friday a woman’s request for a new trial in the beating death of her 3-year-old daughter.
Katlyn Marin, of Nashua, was convicted of second-degree murder in the 2014 death of Brielle Gage and sentenced to 45 years to life in prison. Before her trial, she had tried to have statements suppressed that she made to the police before she was advised of her Miranda rights. The judge denied her motion, finding that she wasn’t in custody before she was read her rights.
On appeal, Marin’s lawyer said the judge’s decision was wrong. Prosecutors said that, even if the judge was wrong, other evidence was presented that was sufficient to uphold her conviction.
During the trial, prosecutors said the Marin beat her daughter to death because she was angry that the girl had wet herself and that Brielle had gone into the kitchen at night in search of food. They said the girl had bruises from head to toe and suffered over 50 injuries.
The case prompted calls for reform at the state’s Division for Children, Youth and Families, which was involved with the family before Gage’s death.
On Friday, the state Supreme Court agreed in a unanimous opinion with the judge that Marin wasn’t in custody when she made statements in her home, in a police cruiser, and in the family waiting room at the police station.
The court did find that some factors weighed in favor of finding that she was in custody. It noted that police restricted Marin’s movements to some extent at her home and at the police station. They also never told her she was free to leave the station.
The court also said that while questioning her at home, police told Marin that she couldn’t use her cellphone and they took it after she said she was sending a text message to her lawyer. But it concluded “the restraints on the defendant’s movement in the home were not of the degree associated with formal arrest.”
Please read our comment policy before commenting.