Court ruling pending in Marden rape case
NASHUA – A prosecutor’s Supreme Court appeal in the case of Nashua resident Jonathan Marden, who was convicted of rape in 2017 but was granted his motion for a new trial, remains under review nearly a year after the high court accepted the appeal.
State Attorney General Gordon MacDonald filed the appeal on Feb. 26, 2018, after a now-retired Superior Court judge denied Assistant County Attorney Cassie Devine’s January 2018 motion to reconsider his December 2017 ruling, which set aside the jury verdict and paved the way for a new trial for Marden.
March 16 will mark one year since the Supreme Court accepted MacDonald’s appeal. While the high court has no deadline to hand down the ruling, a typical time frame would be six to nine months, depending on the complexity of the case.
Upon receiving notice the Supreme Court accepted the appeal, Superior Court Judge Charles Temple granted an assented-to motion to stay the case, meaning put it on hold until the high court issues its ruling.
Marden, now 22, of 5 Blackstone Drive, went to trial in early September 2017 on one count of aggravated felonious sexual assault, which accused him of having sex with a young woman without her consent.
At the conclusion of the three-day trial, a jury found Marden guilty of the felony offense. He was represented at trial by Nashua attorney Timothy Goulden, whom he later accused of ineffective assistance of counsel as the basis of his motion for a new trial.
The now-retired Superior Court judge, Philip Mangones, ultimately granted the motion, agreeing in his 22-page ruling with Marden and his new lawyer, attorney Donna Jean Brown, that Goulden’s representation was “Constitutionally ineffective.”