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Staff photo by Don Himsel

William Marks used his fifth amendment right on the stand Tuesday morning March 15, 2011. Christopher Gribble is on trail for his role in the 2009 murder in Mont Vernon New Hampshire of Kimberly Cates and injury of her young daughter Jaimie.
Tuesday, March 15, 2011

Defense witness in Gribble trial refuses to testify

NASHUA - William Marks, asserted his Fifth Amendment right to not incriminate himself this morning and is essentially refusing to testify for the defense in Christopher Gribble's insanity trial.

Gribble's defense attorneys have asked Judge Gillian Abramson to compel his testimony based partly on the fact that he already testified in detail during Steven Spader's murder trial last year.

One of Marks' attorneys, Skip Leahy, said they decided not to have Marks testify in light of the cooperation agreement he has with the state, the fact that he still has charges filed against him and after consulting with state prosecutors.

Marks of Amherst, broke into the home with Steven Spader, Gribble and Quinn Glover but didn't take part in the actual attack. He reached an agreement with prosecutors for a 30-60 year prison sentence in exchange for his testimony.

Matthew Hill, one of Gribble's attorneys, said not having Marks' testimony would "hamstring" the defense because they want to show how his reaction to the Oct. 4, 2009 murder of Kimberly Cates differed from his client's.

Another man inside the house that night, Quinn Glover, does plan to testify, Assistant Attorney General Peter Hinckley told the court.