Mistrial in double-murder case

DOVER — Judge Steven Houran declared a mistrial Thursday in the double-homicide case of Timothy Verrill following the second revelation in about a week that State Police investigators and prosecutors mishandled evidence.

The state discovered the new evidentiary violations and brought them to the court’s attention Thursday after performing an audit of the case’s evidence, according to Senior Assistant Attorney General Pete Hinckley, the lead prosecutor. The state performed that audit after it was discovered last week, mid-trial, that State Police had failed to submit to the AG’s office five witness interview recordings and various emails and text messages that investigators exchanged with witnesses.

"We as prosecutors have an obligation to provide that," said Hinckley. "We didn’t provide that. We failed the court. We failed the victims’ families."

Verrill, 37, had been standing trial for the past couple of weeks on two counts of first-degree murder, two alternative counts of second-degree murder and five falsifying evidence charges. Verrill is accused of killing Christine Sullivan, 48, and Jenna Pellegrini, 32, inside 979 Meaderboro Road in Farmington on Jan. 27, 2017, and trying to hide their bodies under the home’s porch.

Verrill is accused of killing the women because he believed one of them was informing police about the drug trafficking enterprise in which Verrill, Sullivan and Sullivan’s boyfriend Dean Smoronk were all involved, according to testimony heard over the past two weeks. The defense has attempted to portray Smoronk, the owner of 979 Meaderboro Road, as the real killer, while the state has argued the defense is using Smoronk as a "boogeyman" to distract jurors from the facts of the case.

While Verrill’s indictments are still valid despite Thursday’s mistrial, meaning the state can again bring the case to trial, the victims’ family members say they’re stunned and frustrated.

"I don’t really have any comment really, other than this sucks," said Pellegrini’s father, Michael. "It’s been a nightmare this whole 2½ years, and we’re waiting and waiting and waiting and we finally get here and it brings up the old wounds and it’s a mistrial."

Verrill’s family declined comment Thursday. A message left for Verrill’s defense team, public defenders Julia Nye and Meredith Lugo, wasn’t immediately returned.

Hinckley told Foster’s Daily Democrat in an interview he feels terrible for the victims’ loved ones, stating he "just can’t emphasize how disappointed" he is in himself and the state’s failure in the case.

"I cannot emphasize how sorry we are for the additional trauma they’ve suffered," said Hinckley. "We have failed the victims here and we have caused them additional pain."

When asked whether there will be any ramifications for the State Police investigators who failed to turn over evidence, Hinckley said unspecified ramifications are possible for the individual people involved, including himself.

"Again, we the state have an obligation to provide discovery in a timely manner," said Hinckley. "Individuals have failed in that regard and that includes, frankly, me. (Prosecutors are) responsible for getting discovery to the defense. That is something I failed to do. In terms of individual culpability, there very well could be individual ramifications. I expect that falls on me and anyone else."

The defense motioned for a mistrial Thursday after the state brought the new, undisclosed evidentiary issues to the court’s attention. Hinckley said the state didn’t oppose the mistrial because the issue is "solely the fault of the state" and because he and his fellow prosecutors "certainly do not take this lightly."

Members of the jury weren’t present for Thursday’s hearing over the new evidentiary violations, nor were they present for the mistrial announcement. Houran will call jurors in at 9 a.m. Friday to dismiss them.

Hinckley said he expects the defense will soon file a motion to dismiss the case outright in light of the new evidentiary violations, given that the defense unsuccessfully motioned for dismissal last week after the first revelation.

However, Hinckley said the defense won’t be able to argue that motion and the case won’t be able to proceed until the state and defense are both able to fully review the evidence State Police failed to provide during discovery.

Hinckley and the state plan to personally go through all of that evidence in the coming days, as well as meet with State Police to "deal with it." Hinckley estimated a clearer timeline might be available at some point next week.

"There will ultimately be a resolution (in the case)," said Hinckley.