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THE SUPREME COURT OF NEW HAMPSHIRE

___________________________

Belknap

No. 2003-578

THE STATE OF NEW HAMPSHIRE

v.

John Sweeney

Argued: October 13, 2004

Opinion Issued: January 24, 2005

Kelly A. Ayotte, attorney general (Susan P. McGinnis, assistant attorney general, on the brief and orally), for the State.

Twomey & Sisti Law Offices, of Chichester (Mark L. Sisti on the brief and orally), for the defendant.

Galway, J. The defendant, John Sweeney, appeals his convictions by a jury for one count of aggravated felonious sexual assault, see RSA 632-A:2, III (Supp. 2004), and one count of felonious sexual assault, see RSA 632-A:3, II (Supp. 2004). We reverse and remand.

On appeal, the defendant argues that the Superior Court (Smith, J.; Perkins, J.; Smukler, J.) erred by denying his motions: (1) to fire his trial attorney; (2) to introduce certain medical records; (3) for services other than counsel; (4) to strike four jurors; (5) for a bill of particulars; and (6) to dismiss. The defendant also contends that the trial court erroneously failed to engage in a colloquy with him regarding his waiver of his privilege against self-incrimination.

I

On the first day of trial, before the jury was sworn in, the court conducted a hearing regarding whether the tapes of certain recorded conversations were authentic. During the prosecution