Summary
The New Hampshire Supreme Court affirmed the defendant’s convictions for aggravated felonious sexual assault. The court held that any error in joining the charges was harmless, that sufficient evidence established the defendant’s position of authority and coercion, and that the trial court properly denied the motion for a new trial without an evidentiary hearing.
Topics
Practice areas
Questions Presented
- Whether joinder of unrelated criminal charges was harmless error.
- Whether sufficient evidence established that Cossette occupied a position of authority over the victim and used that authority to coerce her to submit under RSA 632-A:2, I(k).
- Whether the trial court improperly denied Cossette's motion for a new trial based on newly discovered evidence without holding a hearing.
Holdings
- Assuming that joinder of the unrelated charges was improper, the error was harmless beyond a reasonable doubt because the verdict showed that the jury considered the charges separately, the evidence supporting the convictions was overwhelming, and Cossette's own admissions diminished the prejudicial effect of evidence concerning the other alleged assaults.
- The evidence was sufficient for a rational jury to find beyond a reasonable doubt that Cossette held a position of authority over the victim and used that authority to coerce her to submit to sexual penetration.
- The trial court properly denied the motion for a new trial because the alleged new evidence would have been admissible only to impeach the victim, would not probably produce a different result, and did not undermine the compelling evidence supporting the conviction.
- The trial court acted within its discretion in denying a hearing because the defendant's motion, affidavits, and responses to objections provided a sufficient opportunity to be heard, and the defendant failed to show an unreasonable and prejudicial denial.
Key quotations
“It is well settled in this jurisdiction that an error is harmless only if it is determined, beyond a reasonable doubt, that the verdict was not affected by the error.” (151 N.H. at 357)
“The statute does not define “position of authority.”” (151 N.H. at 359)
“This case falls squarely within the parameters of coercion by subtle persuasion that we identified in Fortier.” (151 N.H. at 361)
Factual background
Cossette was the assistant manager of a Subway restaurant where the fifteen-year-old victim worked. The victim testified that Cossette used his supervisory relationship with her to obtain oral sex during an encounter at the restaurant and that he physically compelled her to submit. Her account was corroborated by testimony concerning her immediate distress and Cossette's admission that something had happened and that he knew it was wrong. Cossette admitted that sexual contact occurred but claimed it was consensual.
Procedural history
A grand jury indicted Cossette on six counts of aggravated felonious sexual assault and one count of felonious sexual assault. The Superior Court granted the State's motion to join the charges, and a jury convicted Cossette on two AFSA counts while acquitting him on the remaining charges. Before sentencing, the State entered a nolle prosequi on one conviction. The Supreme Court of New Hampshire affirmed.