State v. Petruccelli

Following a bench trial in Windham District Court, defendant Michael Petruccelli was convicted of kidnapping, aggravated assault, custodial interference, and two charges of simple assault on an officer. On appeal, defendant argues that (1) as joint guardian of his child, he could not be guilty of custodial interference or kidnapping; (2) evidence supporting assault charges should have been suppressed as stemming from an unconstitutional warrantless entry of his home; and (3) the State failed to prove the correct mens rea standard for the aggravated assault charge. We vacate the custodial…