![]() ![]() The defendant was indicted on four counts of financial exploitation of an elderly, disabled, or impaired adult in violation of RSA 631:9 (2016 & Supp. The investigation focused on three main accounts belonging to the victim and her husband: (1) an individual retirement account (IRA) (2) the Trust account and (3) a personal checking account (FNBC Account). By July 2017, the New Hampshire Attorney General had launched an investigation into allegations that the defendant exploited the victim for large sums of money. ![]() The victim’s husband died on December 21, 2015. The Trust created a fiduciary duty in the trustee and specified that the assets and money held by the Trust were to be used only for the benefit of the victim and her husband until their death. The defendant became trustee of the Newton Family Trust and retained power of attorney over both the victim (the defendant’s mother) and her husband (the defendant’s father) in 2014 as a result of their failing health. I The jury could have found the following facts. The State cross-appeals, arguing that the trial court erred by ordering a hearing to review and reconsider the sentence. He also appeals the trial court’s denial of his post-conviction motion for a new trial based upon ineffective assistance of counsel. He argues that the trial court erred when, at trial, it excluded out-of-court statements made by the defendant’s parents and a financial planner. The defendant, Jerry Newton, appeals his convictions on three counts of exploitation of an elderly, disabled, or impaired adult in violation of RSA 631:9, I(a) (2016) and RSA 631:10 (2016) following a jury trial in Superior Court (Brown, J.). Lothstein Guerriero, PLLC, of Concord (Theodore M. Townsend, II, assistant attorney general, on the brief and orally), for the State. JERRY NEWTON Argued: SeptemOpinion Issued: JOffice of the Attorney General (Bryan J. The direct address of the court’s home page is: THE SUPREME COURT OF NEW HAMPSHIRE _ Hillsborough-northern judicial district Nos. Errors may be reported by email at the following address: Opinions are available on the Internet by 9:00 a.m. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. ![]() Finding no reversible error, the New Hampshire Supreme Court affirmed the trial court's orders. The State cross-appealed, arguing that the trial court erred by ordering a hearing to review and reconsider the sentence. He also appealed the trial court’s denial of his post-conviction motion for a new trial based upon ineffective assistance of counsel. Defendant argued the trial court erred when, at trial, it excluded out-of-court statements made by the defendant’s parents and a financial planner. By July 2017, the New Hampshire Attorney General had launched an investigation into allegations that defendant exploited the victim for large sums of money. Defendant became trustee of the Newton Family Trust and retained power of attorney over both the victim (defendant’s mother) and her husband (defendant’s father) in 2014 as a result of their failing health. Defendant Jerry Newton appealed his convictions by jury on three counts of exploitation of an elderly, disabled, or impaired adult in violation of RSA 631:9, I(a) (2016) and RSA 631:10 (2016).
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