Judge: Audio recording allowed

File photo Ryan MacIntyre, 31, formerly of Nashua, currently of Amherst

NASHUA – A Superior Court judge this week denied assault suspect Ryan MacIntyre’s motion to supress an audio recording made by the alleged victim, who told police she only did it so police would believe her account of the incident.

Attorney Anthony Naro, MacIntyre’s lawyer, argued in the motion that the recording is not admissible because MacIntyre was never informed he was being recorded.

Also, Naro said, because the alleged victim gave the recording to police, who then listened to it as part of their investigation that led to MacIntyre’s arrest, the woman was therefore in violation of wiretapping laws.

But Judge Charles Temple disagreed, finding that since the alleged victim was holding her phone and “waving it around during the (alleged) assault,” and the fact that she threatened multiple times to call police, should have been “enough to alert the defendant to the possibility that he was being recorded,” according to Temple’s ruling.

Therefore, Temple wrote, MacIntyre “did not have reasonable expectation that his communications would not be subject to interception.”

The case stems from an alleged domestic altercation in February at the couple’s Nashua residence. The two had been together 10 years and have a child in common, according to court documents.

MacIntyre, 31, who currently lists an Amherst address, was arrested shortly after a neighbor called police the night of Feb. 9. He is charged with three counts of second-degree assault – domestic violence, Class B felonies, and three counts of simple assault – domestic violence, Class A misdemeanors.

He is accused of threatening to kill the woman. She told police at the time he made the threats, 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 is also 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 attempted to leave the residence.

That allegation by MacIntyre prompted his attorney to notify the court that his client intends to claim self-defense, meaning he will argue that he was justified in “using the degree of force necessary to defend himself (against) the imminent use of unlawful force by the alleged victim.”

That motion is pending.

In the meantime, the parties indicate in a final pretrial order that they are in plea negotiations, with the goal of coming to an agreement ahead of trial.

As it stands, according to the order, the parties agreed to tentatively schedule a plea and sentencing hearing for Sept. 10. If no agreement is reached, jury selection for MacIntyre’s trial will instead take place that day.

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