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Criminal Law Keyed to Kennedy
The State of New Hampshire v. Frank Simone
Citation:
152 N.H. 755 (2005)Facts
In 2001, Coral Olson, a U.S. census representative, went to the defendant’s home to conduct a census survey. Olson gave the defendant her business card with her home phone number, and conducted several follow-up telephone calls and one follow-up personal visit to complete the census survey. After the defendant completed his census survey, however, he continued to call Olson. The defendant told Olson that he was interested in her; Olson responded that she was married and not interested in him. Nevertheless, the defendant persisted in calling her. He told Olson that he had “serious personal problems” and felt suicidal and out of control. Olson felt extremely uncomfortable and did not want to talk to the defendant. She told him not to contact her. If she did not answer the telephone, the defendant would call repeatedly and leave messages each time until she finally answered. The defendant threatened to ruin Olson’s marriage and sabotage her employment.
In August 2001, Olson contacted the the police. An officer spoke with the defendant about the situation, but the defendant continued to pursue contact with Olson.
In October 2001, Olson obtained a protective order prohibiting the defendant from contacting her. Notwithstanding the protective order, the defendant continued to call her. Olson testified that between the fall of 2001 and June 2003, the defendant placed more unwanted calls to her than she could estimate and sent her packages.
On June 11, 2003, the defendant left several messages on Olson’s phone, stating that he doesn’t care if he goes to jail. He also said that “he had a lot of demons inside” but that he was not a violent person and “never entertained the thoughts of hurting [Olson]” and that he was stopped while traveling to her home late at night. After listening to these messages, Olson called the police department an officer came to her home. Olson received another telephone call from the defendant just as the officer arrived, and the officer took the telephone and spoke with the defendant for about twenty minutes. Even after speaking with the officer, the defendant called again and left a message again. He continued to call and leave messages.
The defendant was convicted of stalking. He appealed, arguing that the State failed to present sufficient evidence.
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