EagleTribune.com, North Andover, MA

Boston and Beyond

June 15, 2014

Grand jury testimony on student's slaying heard

DOVER, N.H. (AP) — Jurors in the murder trial of a man accused of killing a University of New Hampshire student listened yesterday to his ex-girlfriend’s grand jury testimony last year of what she says happened the night 19-year-old Elizabeth “Lizzi” Marriott was raped and strangled.

Kathryn McDonough, 20, sat in the witness chair as prosecutors played the tape of her February 2013 testimony, in which she says Seth Mazzaglia strangled Marriott when she rejected his sexual advances and then raped her motionless body.

McDonough, who spent her ninth day on the witness stand, has said her grand jury testimony marked the first time after the killing that she told the truth about Mazzaglia.

Lawyers for the 31-year-old Mazzaglia, charged with first-degree murder, told jurors in opening statements that it was McDonough who killed Marriott during rough sex using restraints but later shifted the blame to Mazzaglia.

Defense attorney Joachim Barth has questioned McDonough extensively about whether she concocted the story blaming Mazzaglia to get years off her own sentence for hindering prosecution, witness tampering and conspiracy. She is serving a 1 1/2 to three-year prison term.

“Are you afraid your plea bargain will fall like a house of cards if you admit the lies you told the grand jury,” Barth asked Friday.

“I didn’t lie to grand jury so why would I worry,” she replied.

McDonough testified she was facing charges but had no plea deal in place when she told a grand jury what happened the night Marriott died. She testified before the grand jury and at trial that Mazzaglia killed and raped Marriott on Oct. 9, 2012.

Lawyers on both sides agree jurors’ perception of McDonough’s credibility is critical to Mazzaglia’s fate.

Marriott was killed in the Dover apartment Mazzaglia and McDonough shared. McDonough says she and Mazzaglia dumped her body into a river. It has not been found.

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