CONCORD, N.H. – Lawyers for a man charged in a home invasion and killing of a Mont Vernon woman say that prosecutors should not be able to tell jurors about accusations that he committed the crimes as an initiation into a brotherhood he formed with co-defendants.
Defense lawyers want to exclude from trial any mention that Steven Spader allegedly formed a gang called Disciples of Destruction about a month before the crimes were committed and that he discussed making chloroform and researched it online.
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They say the information is irrelevant to the charges against him and would only prejudice his case.
“The use of this evidence will serve to arouse a sense of horror from the jury and will provoke its collaborative instinct to punish Spader,” his lawyers said.
Prosecutors disagreed, saying in a motion filed Friday the information is evidence of the crimes he’s accused of.
“He apparently fails to remember that he is charged with hacking a mother to death and horrifically wounding an 11-year-old girl, while invading their home in the middle of the night with three other armed cohorts,” prosecutors’ motion said.
Spader, 18, is charged with first-degree murder, conspiracy to commit murder and other charges in the death of Kimberly Cates and wounding of Jaimie Cates in October.
Christopher Gribble, 20, also is charged with first-degree murder and awaits trial.
Two others, Autumn Savoy and Quinn Glover, have pleaded guilty to lesser charges.
A first-degree murder charge was recently dropped against William Marks, who has agreed to plead guilty to lesser charges.
All three have agreed to testify against Spader and Gribble.
Prosecutors said evidence shows the Disciples of Destruction had detailed goals and bylaws, with the key themes of loyalty and brotherhood. Spader named himself president and Savoy designed and created a logo for it, the motion says.
The day before the home invasion, prosecutors said, Spader told Savoy he was going to do a “job” as an act of initiation for him and other members of the group.
Jury selection for Spader’s trial is scheduled for Oct. 13, and the trial date is Oct. 25.
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