Alleged assault victim seeks immunity

Woman accused of illegal wiretapping for recording alleged assailant without his permission

NASHUA – The woman who recorded audio of her alleged assault by the father of her child “so the police would believe me” is herself facing allegations she broke the law by not informing the suspect she was recording him.

The alleged assailant, Ryan MacIntyre, was charged in February with three felony and three misdemeanor offenses for allegedly strangling the woman and punching her in the face during an altercation in their Nashua apartment.

The woman told police she recorded about 20 minutes of the alleged encounter, telling police she knew the recording wouldn’t be admissible in court, but “wanted it for the police” to listen to so they would believe that she was allegedly assaulted, according to court documents.

But MacIntyre’s lawyer, Attorney Anthony Naro, argued that since MacIntyre wasn’t told he was being recorded, the woman violated wiretapping laws because police listened to the recording as part of their investigation that led to MacIntyre’s charges.

At a subsequent hearing in Hillsborough County Superior Court South, which Judge Charles Temple ordered closed to the public, the woman invoked her right against self-incrimination, meaning she wouldn’t testify against MacIntyre because statements she would, or could, make during her testimony could lead to charges being brought against her.

To try and remedy the problem, prosecutors are seeking immunity for the woman, and currently have a request pending with the Attorney General’s office, according to the order Temple filed after the hearing.

He also noted in the brief order that “there may be other fifth-amendment issues for (the woman) in this case.”

As for the case against MacIntyre, 31, whose current address is listed as 9 Appleton Way in Amherst, police took him into custody the night of Feb. 9, shortly after they responded to the Nashua apartment MacIntyre, the woman and their 5-year-old child share.

A neighbor called police after the woman went to the neighbor looking for help, police said. She told officers she and MacIntyre were arguing when it got physical, according to police reports.

MacIntyre allegedly threatened to kill her, she told police, at which point she locked herself in a bedroom and began recording.

But MacIntyre eventually “kicked the door in,” according to the reports, and allegedly hit the woman several times. He also is accused of strangling her to the point her breathing was impeded, the reports state.

The couple’s accounts of the events differed, police said, with MacIntyre claiming the woman grabbed him and his clothing when he attemped to leave the residence.

He ended up being charged with three counts of second-degree assault – domestic violence, Class B felonies, and three counts of simple assault – domestic violence, Class A misdemeanors.

About a month after the incident, MacIntyre was arrested in Merrimack and charged with violating his bail conditions and stalking, according to court documents. The allegations state that a Merrimack police officer arrested him after finding him asleep in a car with the alleged victim, with whom he was ordered to have no contact.

Most recently, Naro, MacIntyre’s lawyer, filed in court this week a notice of self-defense, in which he argues his client “may claim at trial … that he was justified in attempting to use force upon the alleged victim in order to defend himself,” the motion states.

The self-defense claim is justified, Naro argues, because the woman “did place Mr. MacIntyre in fear of imminent bodily injury or physical contact,” and that he was “justtified in using force … to defend himself from what he reasonably believed to be the imminent use of unlawful force by the alleged victim.”

The trial track in MacIntyre’s case summary shows he is scheduled for a trial management conference on Aug. 28, with jury selection for trial to begin Sept. 17.

Dean Shalhoup can be reached at 594-1256, or @Telegraph_DeanS.