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Prosecutors say boater was drunk when passenger was killed in lake accident
Eric Cable, 34, of Hooksett, is facing two counts of negligent homicide in a trial in Rockingham County Superior Court. (FILE)
Before the start of Monday's trial, the jury looked over Cable's boat under the guidance of Judge Marguerite Wageling, a prosecutor and defense lawyers.
Marine Patrol investigators later seized a bag from Cable's boat with 89 beer cans inside, Blanchard said.
A state expert is expected to testify that Cable was intoxicated based on calculations made from tests that registered his blood-alcohol results at .04 and .03 about six hours after the incident.
"There aren't any independent eyewitnesses to this event," Blanchard said.
Marine Patrol Sgt. Joshua Dirth testified on Monday that when he had Cable in his patrol car, the odor was so pungent he had to roll his window down.
Defense lawyer Peter Anderson said that prosecutors lack evidence that Cable was intoxicated that day.
"What happened is unfortunate and sad, but it's not a crime, and he's not guilty," Anderson said.
"A total of 16 people shared that garbage bag," Anderson said.
He suggested that jurors will not be getting an unbiased opinion from the state's expert who will be called to testify about Cable's blood-alcohol level.
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