Defense to challenge credibility of state witness in 2016 Littleton killing trial – The Union Leader

The witness, Nicholas Skidmore, pleaded guilty last month to conspiracy to commit murder and tampering with a witness in the May 27, 2016, murder of Robert Pierog.

Authorities say that on that date, Skidmore, who has yet to be sentenced, drove Yeargle, who like himself is from Littleton, and Quade Kadle, of Jefferson, to pick up the .22 caliber rifle that Yeargle later used to gun down Pierog, who previously had made controlled buys of drugs that led to several arrests by Bethlehem police.

Skidmore confessed to driving Yeargle and Kadle to the Littleton Walmart where the pair bought bandanas and plastic gloves, then to Pierogs South Main Street apartment, where Kadle lured Pierog outside and Yeargle allegedly shot him multiple times, and then away from the scene as Yeargle and Kadle disposed of the evidence.

Ted Lothstein, who with Richard Guerriero represents Yeargle, told Judge Lawrence MacLeod in Grafton County Superior Court Wednesday that he hoped the judge would allow the defense the widest latitude possible in questioning Skidmore about inconsistencies in his prior statements to investigators.

Lothstein said Skidmore said he once owned the rifle Yeargle allegedly used, but offered different ways of how he gave it to Yeargle some 18 months earlier, including for $100 cash and a small amount of marijuana and for a more substantial quantity of pot, too.

The second version was made during the proffer as part of Skidmores plea agreement with the state, said Lothstein.

He said the agreement was very generous because Skidmore could be out of prison in as little as eight years.

Lothstein questioned whether Skidmore downplayed how much marijuana he got from Yeargle because he may have learned that trading a firearm for drugs is a federal crime punishable by up to five years in prison that would run consecutively with any other sentences.

The attorney also wondered whether under cross-examination by the defense, Skidmore might invoke his Fifth Amendment right against self-incrimination.

Assistant Attorney General Geoffrey Ward said there were no inconsistencies in Skidmores statements and that it was an extreme logical leap for Lothstein to suggest that Skidmores story changed in response to advice from his attorney or because Skidmore otherwise learned about the drugs-firearms barter law.

Ward said he expected Skidmore to testify completely in Yeargles trial, adding that from past experience the specter of a prosecution witness invoking the Fifth Amendment had been used to dirty up the states witness.

Lothstein and Guerriero also asked MacLeod to suppress parts of an interview Yeargle gave to Littleton police after Yeargle had indicated he no longer wanted to answer questions and also for his Facebook records from the period immediately before and after Pierogs murder.

MacLeod took the three motions under advisement.

Yeargle is scheduled to go to trial on Nov. 13 and Kadle is set to go to trial on Feb. 6, 2018.

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Defense to challenge credibility of state witness in 2016 Littleton killing trial - The Union Leader