The trial of Michael Smith, the Warner selectman charged with tampering with a public record, has been delayed to an unspecified date.
His trial was scheduled to begin on Tuesday in Hillsborough District Court. Instead, Judge Erin B. McIntyre reviewed a new complaint in Smith’s case and rescheduled his trial.
Michael Iacopino, Smith’s attorney, said in a motion to dismiss that the state’s new complaint, filed last week, failed to describe Smith’s actions as they pertained to the law he is accused of violating.
“The complaint is constitutionally deficient,” the motion read.
McIntyre denied the motion, upholding the state’s complaint, and ordered the state to provide a bill of particulars — a detailed statement regarding claims against a defendant. The state was also tasked with obtaining vacation dates from its witnesses for scheduling.
The case will be heard on a single day at a later date that, as of Wednesday afternoon, had not been decided.
Smith was charged in March after authorities said he replaced a document in a locked file cabinet in Town Hall last July. Police records show Smith wrote “NO F—ING WAY” on the town’s check manifest related to a request to take money from the transfer station reserve fund to pay for an invoice. In place of his signature, he wrote, “FU,” according to police records. He was arraigned on April 7.
Smith was also previously accused of disseminating the private information of town welfare recipients alongside Town Administrator Kathleen Frenette, who has been on leave for nearly one year. The Merrimack County Sheriff’s Office announced in March it would not be filing charges against either person after concluding they were attempting to fulfill their duties under the state’s welfare statute.
Between Jan. 6 and June 23 of this year, Smith has been present for five of 16 select board meetings; he was either absent or participating remotely for the other 11, according to the most available meeting minutes.
Asked by a resident about his spotty attendance during a public comment last month, Smith responded that he had a death in the family.
