Aug 28, 2014
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State rests in Mazzaglia murder trial
Prosecutors allege that Mazzaglia strangled Marriott to death with a white cotton rope after she rebuffed his sexual advances following a game of strip poker in the Dover apartment that Mazzaglia and McDonough shared.
Davis said Mazzaglia’s second indictment on first-degree murder, which is based on “felonious sexual assault … causing serious physical injury through the serious application of force or physical violence,” also could not be sustained because the alleged sexual assault by Mazzaglia, according to state testimony, occurred after his alleged murder of Marriott.
Duval spoke about homicidal strangulation cases and the fatal effects of blocked circulation or collapsed arteries and veins in the neck.
Davis said Mazzaglia’s indictment on one count of second-degree murder alleges that he “recklessly” caused Marriott’s death by strangling her during felonious sexual assault, and also should be dismissed.
The trial will resume at 9:30 a.m. Monday.
Lizzi Marriott’s mother testified for the state before prosecutors rested their case.
Melissa Marriott said Lizzi, a 19-year-old from Westborough, Mass., had minor disagreements with family members that were normal for a teenager, but was a warm, cheerful person who communicated regularly and showed no signs of significant problems or anything unusual in the days before she went missing.
Hinckley asked Melissa Marriott whether she or any members of her family had had any contact with Lizzi since Oct. 9, 2012.
McDonough has testified that after Mazzaglia strangled Lizzi Marriott, she helped Mazzaglia pack Marriott’s body into a suitcase and drive Marriott’s car to Peirce Island in Portsmouth, where McDonough said they pushed Marriott’s body into waters known for their strong currents.
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