CONCORD, N.H. – The New Hampshire Supreme Court unanimously upheld a robbery conviction Tuesday of a man who fatally shot a police officer who was trying to arrest him on charges in a string of robberies.

Michael Addison is sentenced to death in the killing Manchester Police Officer Michael Briggs in October 2006. The ruling Tuesday does not apply to Addison’s capital punishment appeal.

Addison had been indicted in the Briggs shooting when he was tried in 2007 on charges of armed robbery and conspiracy in the robbery of a Hudson convenience store.

A judge’s mention of the murder indictment to prospective jurors in the robbery case and the inclusion of several remarks that Addison made before the robbery did not prejudice the case, the high court ruled.

Addison’s lawyers argued that the robbery trial judge’s references to the capital indictment unfairly influenced the jury. But the Supreme Court noted that Superior Court Judge Kathleen McGuire then individually questioned potential jurors about whether they could judge the robbery case solely on the evidence.

“It may have prevented a situation in which, after hearing details about the robbery charge, a seated juror realized that the defendant was the same individual accused of shooting Briggs, thereby potentially requiring a mistrial,” Justice Linda Dalianis wrote.

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Defense lawyers also objected to testimony from co-defendants about a discussion between Addison and another co-defendant that was presented as evidence that they were planning a robbery. The two used the phrases “I’m hungry” and “my ribs are touching” — street slang suggesting they were looking for a place to rob.

The Supreme Court ruled that used of the slang was direct evidence of a robbery plan.

Addison had appeals pending in three county cases. The Supreme Court will decide the two other robbery convictions before scheduling arguments on Addison’s capital conviction and death sentence. Prosecutors cited the robberies to the jury in arguing that Addison should be sentenced to death.

The briefing schedule alone is a source of contention between the prosecution and defense.

In documents filed earlier this month, defense attorneys propose a two-year schedule for filing a total of six briefs; prosecutors opt for two briefs to be filed within a year. Prosecutors stated in their filings that it is no surprise defense lawyers want to delay “as long as possible.”

“Not only does a lengthy delay forestall the execution of the defendant, it also makes it more difficult for the state to retry the defendant in the unlikely event that this court was to overturn either his conviction or death sentence,” prosecutors wrote.

Attorneys for Addison did not immediately return a call seeking comment.

Addison would be the first person executed in New Hampshire since 1939.

 


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