Court takes up appeal in New Hampshire student killing case

AP News
Posted: Nov 16, 2016 11:21 AM

CONCORD, N.H. (AP) — The New Hampshire Supreme Court is deciding whether a man convicted of killing a University of New Hampshire student should get a new trial.

Nineteen-year-old Elizabeth "Lizzi" Marriott, of Westborough, Massachusetts, was killed in 2012. Prosecutors say Seth Mazzaglia (muh-ZAYL'-ee-uh) strangled her and dumped her body in a river. He says she died accidentally during a consensual sex act.

Arguing his appeal Wednesday, Mazzaglia's attorney said barring evidence of Marriott's past sexual interests during the trial meant jurors wouldn't accept that someone like her would have consented to such acts. The state argued that allowing the evidence would violate the state's rape shield law and that consent on one occasion does not equal future consent.

The court likely will issue its opinion in several months.