Dow's defense wants video of Plaistow boy being told what to say thrown outBy JAMES A. KIMBLE
Union Leader Correspondent
June 12. 2013 8:55PM
BRENTWOOD — A Plaistow man charged with beating his girlfriend’s 3-year-old son is arguing that a computer-recorded video of him allegedly coaching the boy about how to respond to a state child services worker should be tossed out of court.
Roland Dow, 27, of Plaistow is expected to go on trial later this year for first-degree assault and several other charges, including making an illegal recording of the boy on Oct. 23.
The alleged abuse occurred over several days between Nov. 1 and 16, according to prosecutors.
Police found the recording during a search of Dow’s computer on Jan. 7.
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.
The computer camera was hidden under a couch, and also recorded the DCYF worker telling the couple they did not have a right to record her interview with the boy, according to prosecutors.
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.
Plaistow police obtained a search warrant for Dow’s apartment on Nov. 20.
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.
He argued that once “the return” — an inventory of items seized from the search — was filed in court on Dec. 5, the warrant was terminated.
“In this case, no search extension was sought by the police or granted by the issuing court,” Gleason said in a court motion.
The motion to suppress the computer video was filed this week in Rockingham County Superior Court. Prosecutors have yet to respond.
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.
Linscott, the boy’s mother, is charged with endangering the welfare of a child, witness tampering and being an accomplice to making the secret recording.
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.
They are both being held on $500,000 bail at local county jails.