Nashua police photo Maryanne Jacobsmeyer, 51, of 11 Lucier St., Nashua

NASHUA – The attorney representing Nashua home-invasion suspect Maryanne Jacobsmeyer argues in two newly filed motions that police, after arresting her on Aug. 2, didn’t promptly explain the charges to her, then chalked up her request for medical assistance to a case of anxiety – and told her she’d feel better if she talked about it, according to the documents.

Additionally, according to Attorney Stephen Rosecan’s motions, detectives investigating the case obtained, and used as evidence against her, an IP address and subscriber and other electronic information that Rosecan contends is private and therefore protected by Jacobsmeyer’s constitutional right to be “free from unreasonable searches and seizures.”

Jacobsmeyer, 51, of 11 Lucier St., Apt. 3 in Nashua’s French Hill section, is facing numerous felony charges stemming from allegations that she broke into a 92-year-old Nashua man’s home, stole credit and debit cards, then returned two days later, allegedly duct-taping him to his bed and forcing him to give her the cards’ PINs, according to the charging documents.

According to court documents, one of the home-invasion-related charges – kidnapping, which accuses Jacobsmeyer of binding the man with duct tape – was quashed, but no specific reason was given.

A hearing on the two motions has been scheduled for Jan. 5 in Hillsborough County Superior Court South.

According to the case summary, a trial management conference is scheduled for Feb. 9. Jury selection is currently set for Feb. 20, with trial testimony to get underway once the jury is seated.

Other charges Jacobsmeyer is facing include theft-related offenses for allegedly using the alleged victim’s cards for online purchases at Kohl’s, and for taking his car, which led to a charge of driving as a habitual offender.

Jacobsmeyer also faces one count of felony theft in an unrelated case, in which she is accused of stealing a woman’s purse from Southern New Hampshire Medical Center on March 1.

In the June incident, Jacobsmeyer is accused of breaking into the elderly widower’s home around dawn, allegedly tying him up, threatening him and telling him there was another person with her who was armed.

After she left, the man was able to reach a phone to contact one of his daughters, who drove to his house and called police.

According to the allegations in Rosecan’s motions, meanwhile, police, who had been investigating the alleged home invasion for nearly two months, issued an arrest warrant for Jacobsmeyer on one felony count of theft.

But when they took her into custody around 10:30 the morning of Aug. 2, police charged her with 10 offenses, “not the single offense cited in the arrest warrant,” Rosecan wrote.

Enroute to police headquarters, arresting officers told Jacobsmeyer she would “find out about the charges at the station … however, when she was in (the) holding (area) at the station, a detective told her that she would find out about the charges after she went upstairs,” according to Rosecan’s motion.

The responses led Jacobsmeyer to believe “that she had to speak to the police to find out about the charges,” Rosecan wrote.

Jacobsmeyer then told police she had “health concerns” that were related either to a recently-installed defibrillator or anxiety due to not taking her medications, Rosecan wrote. When she asked to go to a hospital, “the detective told her that it is probably just anxiety … that he has anxiety, and that if she talked about it, it would make her feel better,” according to the motion.

Police did eventually call an ambulance for Jacobsmeyer, who, Rosecan said, was treated by medical personnel in the detention area before being transported to a local hospital.

Rosecan contends that Jacobsmeyer’s statements to police should therefore be suppressed on the grounds that they were “involuntarily obtained” by police, and that by “discounting” her medical concerns, police “created an impediment to Ms. Jacobsmeyer accessing medical treatment without first talking to police,” the motion states.

In the second motion, Rosecan asks the court to suppress “certain private information that the police received” during their investigation, and to also suppress the “unlawful fruits of that information – including the arrest of Ms. Jacobsmeyer.”

Rosecan referred to the legal metaphor “fruit of the poisonous tree,” meaning that if evidence or information is obtained unlawfully, or “tainted,” then anything gained from it is “tainted” as well.

The information that Rosecan contends is private, and therefore should be suppressed, includes information police obtained from Jacobsmeyer’s Kohl’s loyalty card; an IP (internet protocol) address police got from Kohl’s regarding a June transaction; and an IP address they obtained from Comcast involving that transaction, according to the motion.

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

Newsletter