State rests in Malloch assault trial; judge denies defense motion to dismiss

NASHUA – While she “doesn’t disagree” there were “some inconsistencies” in the trial testimony given by the woman who Justin Malloch is accused of assaulting in January, Judge Jacalyn Colburn disagreed with the defense’s position that the charges should be dismissed because there’s not enough credible evidence to convict him.

In arguing the motion Wednesday, defense attorney Ryan Guptill told the court that the “multiple versions of the events” and “inconsistent statements” the alleged victim put forth while testifying have left the state “unable to prove their case beyond a reasonable doubt.”

But Assistant County Attorney Cassie Devine, who is prosecuting the case, contended that the “state has met its burden,” she said, referring to the allegations that Malloch punched the woman numerous times.

Colburn agreed, denying the motion and referring to segments of the woman’s testimony that she said support her finding that “sufficient evidence” exists to move the trial forward.

Discussion on the motion was the last order of business Wednesday, coming after the state rested its case and the defense told the court their first witness wouldn’t be available until Thursday.

Colburn dismissed the jury, with instructions to reconvene at 10 a.m. Thursday.

Malloch, 36, a resident of Pelham until he was jailed after his arrest after the Jan. 16-17 incident, is on trial on charges that include one count each of first-degree assault, a felony, and second-degree assault, also a felony.

The other five, all misdemeanors, include two counts each of simple assault and criminal threatening, and one count of domestic violence – simple assault.

Devine called the state’s final witness at about midday Wednesday.

Bonni Schumann, a sexual assault nurse examiner (SANE) nurse at Southern New Hampshire Medical Center, testified about the alleged victim’s injuries, her condition and statements she made while Schumann was examining and treating her.

Devine, after showing on the courtroom screen a series of photos Schumann took of the alleged victim’s injuries, asked how the woman reacted the first time she saw the photos.

“She was devastated,” Schumann said, adding that she became emotional upon seeing the extent of her injuries. “She didn’t know she had all those bruises,” Schumann said.

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