Roland Dow, 27, of Plaistow, left, is attempting to suppress evidence that prosecutors say shows he illegally recorded his girlfriend’s 3-year-old son before abusing him days later. Dow and the mother, Jessica Linscott, 24, of Plaistow are facing charges related to abusing or neglecting the boy before fleeing to Orlando, Fla., in November. COURTESY
Dow's defense wants video of Plaistow boy being told what to say thrown out
The alleged abuse occurred over several days between Nov. 1 and 16, according to prosecutors.
The video shows the boy, James Nicholson, being spoken to by Dow, and the boy’s mother, Jessica Linscott, prosecutors said.
The couple allegedly instructed Nicholson to tell a worker from the Department of Children, Youth and Families that, “he does not get nose bleeds, that he does not get spanked and that he does not get yelled at,” according to indictments.
Defense lawyer Tom Gleason argued in court papers this week that the search warrant used to seize the computer had already expired when the recording was found.
The warrant authorized police to seize a Dell Model XPS410 computer and bring it to a location within the county so it could be examined for evidence, according Gleason.
“In this case, no search extension was sought by the police or granted by the issuing court,” Gleason said in a court motion.
Dow is facing eight charges for the alleged abuse. The computer file was used to seek additional charges of felony witness tampering and a single count of interception and disclosure of telecommunications.
Dow and Linscott were apprehended Nov. 28 at Universal Studios in Orlando, Fla., after fleeing from allegations by doctors at Exeter Hospital that Nicholson had been abused.