Judge asked to end double-murder trial

DOVER — Whether Timothy Verrill’s double-homicide case will proceed is now in the hands of Strafford County Superior Court Judge Steven Houran.

Verrill’s defense team has called for his case to be dismissed over mid-trial revelations this week that two state police investigators, including the case’s lead investigator, didn’t submit into evidence several interview recordings, emails and text messages in which witnesses claimed another man committed the murders of Christine Sullivan, 48, and Jenna Pellegrini, 32, on Jan. 27, 2017.

Houran heard the defense and state argue Friday morning what they believe the proper remedies should be in light of the mishandled evidence.

Houran didn’t provide an estimate for when he’d issue his decision, telling the attorneys he’d “take whatever time” he needs. Houran then allowed the state’s direct case and witness testimony to resume early Friday afternoon despite the pending nature of the defense’s motion to dismiss.

Defense attorney Meredith Lugo argued Friday morning the mishandling of the evidence was “appalling.” She argued an “extraordinary” remedy like dismissing her client’s first-degree murder charges is needed because of the level of “negligence” Lt. Brian Strong and Trooper Stephen McAulay exhibited with the evidence in question.

“Why anyone in this courtroom should trust any assurances from any of the officers in the Major Crimes Unit … I don’t know because they have provided those assurances before and they were clearly inaccurate,” Lugo asked in court after arguing Verrill’s trial “could’ve been a very different trial” had the evidence been submitted. “How do we have any assurance, as we sit here today that we have everything? I don’t know how we can get that assurance at this point. How do we know every other officer who worked on this case isn’t sitting on — any one of them — isn’t sitting on recorded interviews and emails, like Trooper McAulay (did).”

Within the mishandled evidence, several potential trial witnesses told either McAulay or Strong, McAulay’s supervising officer at the time of the investigation, that Sullivan’s boyfriend Dean Smoronk solicited a man to kill her and another man.

Sullivan and Pellegrini were killed inside Smoronk’s 979 Meaderboro Road home in Farmington Jan. 27, 2017. At the time of the killings, Sullivan lived in the home and was involved in a drug trafficking business there with Smoronk, Verrill and other people, while Pellegrini, a friend of Sullivan’s, was temporarily staying there, according to testimony heard thus far in the 37-year-old Verrill’s trial.

The state has presented various evidence and witness testimony in the first two weeks of the trial in an attempt to discredit claims Smoronk was responsible for the crimes. In the process, the state has used witnesses, video surveillance from 979 Meaderboro Road, texts and other evidence in an attempt to demonstrate Verrill was the only man in the home at the time of the murders, and that Verrill was the only who acted guilty after the killings occurred.

For the second day in a row, Senior Assistant Attorney General Pete Hinckley said in court Friday that the mishandling of evidence was an “embarrassing” mistake. He also said no one involved in the investigation or prosecution takes the errors lightly and that the withheld evidence negatively impacts the state’s case.

However, Hinckley argued dismissing Verrill’s case over the evidence would be an “unprecedented,” “unwarranted” and “extreme” remedy.

He argued on Thursday and Friday that investigators ran down and disproved similar murder-for-hire theories they received about Smoronk before the interviews in question, in addition to debunking some theories about what Verrill allegedly did during the course of the murders.

Those disproven theories, Hinckley said, included one that alleged Smoronk murdered another person in Florida to use their identity in the course of covering up Sullivan’s death. Other disproven theories included allegations that Smoronk and a third man killed Sullivan while Verrill killed Pellegrini, and allegations that Verrill personally recorded his killing of Sullivan and Pellegrini, according to Hinckley.

“Facially ridiculous based on all of the reliable discovery that both sides have obtained,” Hinckley argued. “Certainly, the discovery from both sides is replete with fantastical theories, beliefs — including theories and beliefs about the defendant. … Completely-absolutely-fabricated false. And the police did follow up on it because it was so factually ridiculous.”

It wasn’t immediately known Friday whether there will be any ramifications for state police employees because of the way in which evidence was handled in Verrill’s case.

State Police Administrative Maj. John Morasco said in a phone call Friday he couldn’t disclose whether any disciplinary action had been taken involving Strong, McAulay or any other troopers, citing personnel restrictions.

Hinckley said during Friday’s proceedings that Strong is no longer a lead Major Crimes Unit investigator. Morasco said that fact has nothing to do with the Verrill case. According to Morasco, Strong was promoted out of the Major Crimes Unit to his current lieutenant position, which is within the Special Investigations Unit, in April 2018.