Guilty plea over burglary of NH State Police garage
A state police K-9 indicated drugs were inside his car, and a state trooper later spotted a partially open cigarette pack in the car’s console. The trooper spotted a white substance wrapped in clear plastic inside the cigarette pack. But when a trooper came back to execute a search warrant on the vehicle on Dec. 30, the cigarette pack was gone.
The deal struck Monday is known as a capped plea, which will leave it up to a judge to ultimately decide the sentence. Prosecutors plan on seeking a 12-month jail sentence for Mackenzie.
Last month, a judge ruled against a bid by Mackenzie to have evidence thrown out on his case.
On Monday, Judge Marguerite Wageling decided to allow Mackenzie to call upon a doctor to testify about drug addiction.
“(Mackenzie) suggests there is ample circumstantial evidence for the jury to concluded that (he) is a cocaine addict due to the drug paraphernalia found within his motor vehicle,” Wageling said in the order. “Further, he contends that this circumstantial evidence supports a conclusion that (he) removed cocaine from the motor vehicle during the burglary.”