Nault v. Davio, Doc. No. 217-2009-E-206 (Merrimack Super. Ct., July 24, 2009) (Brown, J.)

Pages: 1 2


The State of New Hampshire


Kelley Nault


Janice Davio, Timothy Pifo, Marta Modigliani and George Stewart

Docket No.: 09-E-206


On July 23, 2009, a hearing was calendared in the above captioned matter. The petitioner appeared pro se as did Assistant County Attorney George A. Stewart. The other Named respondents were represented by the Attorney General's Office.

Petitioner seeks redress for delays she encountered in acquiring police scene photographs pertaining to her brother's death. The majority of the photographs have been provided however, photos of the decedent's body and gun shot wounds have been withheld due to their gruesome nature, it being the State's policy not to release such photographs to the public. That policy is well founded and serves to protect recognized privacy issues.

The petitioner applied to become the successor administratrix for her brother's estate and on May 22, 2009 the Probate Court granted her request subject to filing a fiduciary bond in the amount of $33,000.00. The fiduciary bond has not been acquired thus letters of appointment have not been issued and she cannot represent her brother's estate in any legal capacity.

The Court finds after a review of the file and the representation of the parties in [2] open court that the respondents at all times acted reasonably and were responsive to the petitioner's requests. It is apparent that some confusion arose regarding the petitioner's legal status as the administratrix of the estate which may have frustrated the petitioner and delayed the requested photographs.

Currently there are eleven photographs of the decedent's body being withheld; they will be promptly released to the petitioner once her letters of appointment have been issued. This petition is dismissed.

So Ordered.

DATED:    7/24/09       /s/   

Kenneth C. Brown

Presiding Justice