NASHUA — A prosecutor says the state re-indicted Eric Largy last month for allegedly beating his father seven years ago after he led them to believe he is now competent to stand trial when he opened his confidential commitment hearings to the media.
Assistant Hillsborough County Attorney Michele Battaglia said in responding to Largy’s June 2 motion to dismiss the new charges that the state had no way to get back before the court other than to re-indict Largy. Also, she had prevailed in a similar case, Battaglia wrote.
“Furthermore, (Eric Largy’s) own actions in his civil commitment proceedings (opening the case to the media, indicating he cannot comment until the statute of limitations runs, etc.) led the State to believe that this defendant may be competent,” Battaglia wrote.
Largy, 49, has been locked up for seven years, but was never convicted of the April 22, 2009, beating of his father, retired Nashua Police Chief Clifton Largy. A judge early on deemed him incompetent to stand trial and he was involuntarily committed to the Secure Psychiatric Unit at state prison for five and a half years.
Last month, Largy was transferred to the New Hampshire Hospital and was expected to be discharged by July 14 after Probate Judge David King denied the state’s motion to involuntarily commit him for another five years.
On May 17, Largy was re-indicted by a Hillsborough County grand jury for kidnapping and two counts of first-degree assault against his father. Clifton Largy suffered broken eye sockets and a broken chin during the incident, police said at the time.
Police also said Eric Largy restrained his father in an antique barber chair for 12 hours and tortured him. Eric Largy insisted it was self-defense after being abused by his father for most of his life, allegations Clifton Largy strongly denies. The senior Largy said he was lured to his son’s home in Nashua and attacked from behind that day.
Battaglia said the state is not required to prove competency prior to a grand jury indictment. “The State has complied with the applicable law and therefore, these charges are not ripe for dismissal at this time,” Battaglia said.
Eric Largy said he believes he is being punished by being charged criminally because he allowed InDepthNH.org to report on his confidential involuntary commitment hearings. It’s his legal right to do so, Largy said, but the state is not happy that he brought transparency to his case.
“They don’t want me to use my First Amendment rights,” Largy said during a phone interview from the New Hampshire Hospital on Sunday. “They want me to be quiet.”
Largy said he has spoken about limiting his comments until the statute of limitations runs out in connection with the incident, but added his lawyer in the civil case, Shane Stewart, also made similar statements to the court.
“I can’t have those rights all of a sudden,” Largy said.
Largy also said he hasn’t seen his psychiatrist at the New Hampshire Hospital in weeks because he is on vacation and may be out of a job at the end of the month because of a staffing dispute at the hospital.
While four psychiatrists recently testified in Probate Court that Largy still suffers from delusional disorder, his treating psychiatrist, Dr. Matthew Davis, testified he saw no delusional behavior from Largy. Davis recommended against recommitting Largy for another five years even though he refused treatment during the last few years.
Before the indictments, Probate Judge King had ordered the staff at New Hampshire Hospital to prepare Largy for discharge by July 14. That should be enough time, King said, for the hospital staff to make sure “that (Largy) has a safe and appropriate place to live upon discharge, and that necessary financial arrangements have been made for him to be able to have a roof over his head.”
Largy’s public defender Michael Davidow in the criminal case, filed an expedited motion to dismiss on June 2 asking Judge Charles S. Temple in Hillsborough County Superior Court South to immediately dismiss the newly re-filed criminal charges.
Largy’s constitutional rights were violated when prosecutors re-indicted him, Davidow wrote. Largy is still considered not competent to stand trial and remains involuntarily committed to the New Hampshire Hospital, Davidow wrote.
Largy was arraigned on the criminal charges on May 27. Judge Temple set Largy’s bail at $100,000 cash only, but made it clear he would modify the conditions if Largy was sent to Valley Street Jail to await trial instead of being returned to the New Hampshire Hospital.
Davidow wrote: “Once an individual has been adjudicated not competent to stand trial, due process requires ‘suspension of the criminal trial until such time, if any, that the defendant regains the capacity to participate in his defense and understand the proceedings against him.’”
An individual is considered not competent until adjudicated otherwise, Davidow wrote.
“The finding of non-competency still holds,” Davidow wrote. “It is the state’s burden to prove otherwise, which it has not done.”
Davidow asked that the motion be decided as quickly as possible as “Mr. Largy’s health hangs in the balance.”
Judge Temple has set a hearing for June 30.