The lawyer for the Massachusetts State Police sergeant who allegedly strangled and kidnapped his girlfriend plans to argue that the statie was acting in self-defense.
Sgt. Bryan Erickson, 38, has been locked up in New Hampshire’s Rockingham County Jail for months following the alleged assault on Jan. 31 at his girlfriend’s home in Exeter. A New Hampshire grand jury recently returned three indictments against Erickson.
In court on Thursday, Erickson’s defense attorney said he’ll be filing a self-defense motion in the next few weeks.
“I’ll be asserting self-defense on behalf of Mr. Erickson,” defense attorney Hank Brennan said during a scheduling conference.
Erickson’s lawyers in a bail appeal to New Hampshire Supreme Court mention self-defense.
“The complaining witness alleged in a restraining order application that she was strangled but denied to police that she was strangled,” his lawyers wrote in the appeal. “Photographs did not depict any visible mark where the defendant allegedly headbutted her and the slight marks were consistent with self-defense.”
“The defense attempted to introduce witnesses and documentary evidence to rebut the State’s evidence, provide evidence of motive to lie, to show first-aggressor, and to rebut claims of control,” their appeal reads. “Most of the defendant’s evidence was precluded.”
Erickson was recently indicted by a grand jury on three charges: second degree assault — domestic violence; kidnapping — domestic violence; and criminal restraint.
Judge Martin Honigberg on Thursday set the trial for November.
Prosecutor John Mara estimated he would bring six to seven witnesses, and Brennan said he has identified 15 potential witnesses.
“I think the defense is going to present a substantial case,” Brennan said.
The defense attorney said he’ll be filing a motion in the next week under seal, in which he’s going to request a closed hearing.
“Since the last date, I was able to obtain transcripts of the bail hearing, and I was also able to obtain transcripts of the recorded interviews between law enforcement and the complaining witness in this case,” Brennan said. “After having some meaningful time to review them, there are some issues in those transcripts that trouble me, and I think the court should be aware.”
The Massachusetts State Police has suspended Erickson without pay.
