CONCORD – The attorney representing a 77-year-old man accused of killing his wife by ligature strangulation Friday said during Philip Couture’s brief arraignment in Merrimack County Superior Court Tuesday that competency to stand trial may be an issue.

Ligature strangulation usually means it involved some sort of cord.

Judge Andrew Schulman ordered Couture be held in preventative custody. The affidavit and the motion to seal it were both sealed as was a motion relative to competency.

Schulman questioned prosecutors about the reasons behind sealing the affidavit, which spells out the evidence police use to bring the charges, saying it is important that court records be public.

Schulman was satisfied with Senior Assistant Attorney General Geoffrey Ward’s response that he has a couple more witnesses to question and would prefer it be sealed until after that.

On Friday at 1:45 p.m. Concord police responded to 71 S. Spring Street for a reported homicide at the residence.  The deceased was identified as Couture’s wife, Marlene Couture, 78.

Couture was charged with one count of second-degree murder for knowingly causing her death by assaulting her, and one count of second-degree murder for recklessly causing her death under circumstances manifesting an extreme indifference to the value of human life, by assaulting her.

Couture was also charged with one count of second-degree assault for strangling their adult daughter at the residence. She was treated and released from the hospital.