State v. Ellsworth

The defendant, Richard Ellsworth, was convicted after a jury trial in Superior Court (Mohl, J.) on one count of aggravated felonious sexual assault, see RSA 632-A:2, II (Supp. 2003), and three counts of felonious sexual assault, see RSA 632-A:3, III (1996). On appeal, he argues that the trial court erred when it: (1) denied his motion for a mistrial after the prosecutor made unfairly prejudicial statements during closing argument; and (2) excluded a statement in which he denied assaulting the victim. We reverse and remand.

The jury could have found the following facts. In February 2002, the…