Man convicted of killing UNH student appealing for new trial

CONCORD, N.H. — The New Hampshire Supreme Court will be deciding whether or not a murder victim's sexual past should remain private.

Elizabeth "Lizzi" Marriott, of Westborough, Massachusetts, was a 19-year-old sophomore at the University of New Hampshire when she was killed in 2012. Seth Mazzaglia was convicted of her murder and sentenced to life, but he is pursuing an appeal.

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The key witness in the case was his ex-girlfriend, Kathryn McDonough, who said she lured Marriott to their  apartment in October 2012 as a sexual offering for her domineering boyfriend. McDonough testified that Mazzaglia strangled Marriott after she twice rejected his sexual advances. The pair then threw Marriott's body in a river. It's never been found.

At his sentencing, he maintained his innocence.

"I did not rape and murder Elizabeth Marriott,” he said.

In his appeal, Mazzaglia's trying to prove she consented to bondage and died accidentally. His appellate attorney believes if details about her sexual background and interests were made public, the murder charge would be thrown out.

"The argument is the trial was not fair. The trial judge made a mistake by keeping this evidence out,” said Chris Johnson, Mazzaglia's attorney.

An attorney for Marriott's family was allowed to make arguments to keep the information private because of the state's rape shield laws.

"We cannot have a system that forces victims to sacrifice everything just to seek justice,” said Meg Garvin.

The attorney general's office argued to close the court to the public for oral arguments during the appeal, something that has never been done before.

"It is our position that in this case is the compelling interesting of the victims right to privacy warrants some consideration, some limited protections,” said Peter Hinckley, New Hampshire assistant attorney general.

Victims' advocates are watching the decision closely because of concerns rape victims won't come forward because of privacy issues.

"When victims don't come forward, fewer cases are prosecuted and our public safety as a state is compromised,” said Lyn Scholett with New Hampshire Coalition Against Domestic Violence and Sexual Violence.

The five justices are expected to make a decision within three to six months.

Cox Media Group