A Portsmouth woman charged with lying to police about about the whereabouts of Seth Mazzaglia following the murder of Elizabeth "Lizzi" Marriott waived probable cause on Wednesday morning in Portsmouth Circuit Court.
Kathryn McDonough, 19, of Portsmouth appeared with her lawyer, Ryan Russman of Exeter, after her parents, Peter and Denise McDonough of Portsmouth posted her $35,000 cash or corporate surety bail on Sunday night.
Judge Sawato Gardner maintained McDonough's bail and ordered that she live at her parents' McKinley Road home, have no contact with Seth Mazzaglia, the Dover man charged with killing Marriott, or Joseph Mazzaglia or any members of Marriott's family. McDonough also have to abide by a 6 p.m. to 6 a.m. curfew.
Russman told the court his client would abide by all of the bail conditions because she is deeply rooted in the city. "She is only 19 years old. She was born here in Portsmouth and lives here in Elwyn Park," he said.
Russman said McDonough graduated from Portsmouth High School in 2012 and was working at Michael's crafts in Newington when she was arrested on Christmas Eve and charged with two felonies of of hindering apprehension or prosecution and conspiracy to commit hindering apprehension or prosecution.
According to police, McDonough lied to authorities when questioned about the whereabouts of Seth Mazzaglia, 30, of Dover, who is charged with the second-degree murder of Marriott, a University of New Hampshire student. Authorities continue to search the Piscataqua River near Peirce Island for Marriott's body.
"She has been an upstanding citizen in this community for quite some time," Russman said.
He also told the court that McDonough showed up for a recent grand jury proceeding after she received less than 24 hours notice and was not represented by legal counsel at that time.
Following the probable cause hearing, Assistant Attorney General Peter Hinckley said prosecutors have sealed the arrest warrant and affidavit for McDonough the same way they sealed those documents following Mazzaglia's arrest because "it is an open, ongoing investigation."
Hinckley also said prosecutors have filed a motion in Strafford County Superior Court in Dover for an extension to pursue a grand jury indictment against Mazzaglia from January to February.
Outside of the circuit court, Russman told members of the media that he only received a copy of the arrest warrant for his client 20 minutes ago and has not had a chance to review it yet. Russman said he, too, doesn't have as much information as he would like so he can properly defend his client.
Russman said he is pleased that McDonough's parents were able to post their daughter's bail so she no longer has to be held in the Rockingham County Jail in Brentwood. "I am relieved the family was able to come up with the bail money so she could go home," Russman said.
Hinckley said that now that McDonough has waived probable cause, her case will move onto the Rockingham County Grand Jury for possible indictment because she was arrested in Newington.