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2009-129, State of New Hampshire v. Nicole Belonga
State: New Hampshire
Court: Supreme Court
Docket No: 2009-129
Case Date: 03/16/2012
Preview:NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Hillsborough-southern judicial district No. 2009-129 THE STATE OF NEW HAMPSHIRE v. NICOLE BELONGA Argued: October 13, 2011 Opinion Issued: March 16, 2012 Michael A. Delaney, attorney general (Susan P. McGinnis, senior assistant attorney general, on the brief and orally), for the State. Stephanie Hausman, assistant appellate defender, of Concord, on the brief and orally, for the defendant. DUGGAN, J, retired, specially assigned under RSA 490:3. The defendant, Nicole Belonga, appeals her conviction for manslaughter, see RSA 630:2, I(b) (2007), in the death of her infant child. On appeal, she argues that the Superior Court (Hampsey, J.) erred in denying her motion to suppress, as involuntary, her statements to police. She also argues that the Superior Court (Groff, J.) erred in admitting certain evidence at trial. We affirm.

I The main issue on appeal is whether the defendant's statements to police during an interview were voluntary. A portion of the interview was videotaped. We take the following facts from the record and, when indicated, from that videotape. On Wednesday January 4, 2006, the defendant left work at approximately 2 p.m. to take Rylea Belonga, her twenty-one-month-old daughter, to the doctor because she had not been well. The doctor diagnosed Rylea with acute gastroenteritis and gave the defendant instructions on how to care for her. The following day, Thursday January 5, the defendant stayed home from work to watch Rylea because she was still not well. The defendant's father was at the house periodically during the day, but otherwise the defendant was the only person at home with Rylea. That night, the defendant left Rylea in her mother's care for approximately two hours while the defendant attended a class at a local college. At approximately 7:50 a.m. the next day, Friday January 6, the defendant left Rylea at Angie Baldwin's house, because Baldwin had agreed to babysit Rylea while the defendant was at work. At approximately 8:20 a.m., Baldwin left her home for a few minutes to buy cigarettes at a nearby store. She left Rylea with her boyfriend, David Kaley, who was living with her at the time. Upon returning from the store, Baldwin discovered Rylea unconscious on the living room floor, with Kaley next to her yelling her name. He told Baldwin that Rylea had vomited, "started shaking," and then collapsed. Baldwin immediately called both the defendant and 911. A few minutes later, police, firefighters and paramedics arrived. The defendant arrived shortly thereafter. Paramedic Roy Olsen examined Rylea at the scene. He checked her airways, breathing and circulation. He discovered a bruise on Rylea's forehead that extended into her hairline. He determined that Rylea needed immediate medical treatment and transported her in an ambulance, accompanied by the defendant, to Southern New Hampshire Medical Center (SNHMC). At the hospital, Doctor Miller treated Rylea in the emergency room. He noticed a bruise on her forehead, and that her body was exhibiting signs of a seizure. He ordered a CT scan and, from the results, discovered that her brain was seriously injured
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