trial of Seth Mazzaglia.Strafford County Superior Court Judge Steven Houran has denied a defense motion for a mistrial in the murder
Defense attorney Joachim Barth moved for a mistrial based on testimony delivered May 30 by Roberta Gerkin, a friend of Mazzaglia's, who spoke about the accused murderer's multiple personas and what she described as his threat of violence and death.
Barth complained that a "feverish pitch" was reached about testimony concerning those "Doomsday" allegations.
Prosecuting attorney Geoffrey Ward said Gerkin's testimony closely mirrored what was in her deposition, specifically stating that Mazzaglia would resort to violence if Kat McDonough did not contact him.
The judge struck Ward's questioning of Gerkin, and her answer, specifically to that allegation that he would kill if McDonough didn't contact him.
Gerkin, in her morning testimony, was speaking to Mazzaglia's person, and his personas. She noted he was also called "Dark Heart," among other things in his fantasy role-playing.
"Doomsday was not a persona," Gerkin said at one point, "it was more of an event than it was a persona."
Testimony that the jury will be able to consider includes the witness description of Mazzaglia as a dominant and controlling type of a person.
Related Lizzi Marriott Stories on Patch: