CONCORD — Prosecutors are asking a federal judge to reject a Plaistow man's effort to free himself from serving life in prison for murdering his live-in girlfriend in September 2002.
If a judge approves the request, it could spell the end of a three-year lawsuit filed by Joseph Sawtell.
Sawtell, now 28, was sentenced to life in prison in November 2003 for gunning down Crystal Sheehan inside his Plaistow apartment.
Defense lawyers have claimed Sawtell's constitutional rights were violated because prosecutors did not reveal during his murder trial that investigators had taken a blood sample found inside of .357-caliber handgun. A cotton swab, which had the blood sample, was later lost.
A Superior Court judge first rejected Sawtell's argument, saying the evidence would likely only further incriminate Sawtell.
Since then, prosecutors have been fighting a similar lawsuit filed in U.S. District Court.
Assistant Attorney General Elizabeth Woodcock wrote the court should toss the defense's argument because federal courts are precluded from reviewing state court decisions for the type of claim Sawtell is making. Woodcock also wrote the request comes a year later than what's allowed by law.
Prosecutors filed their request Monday.
Sawtell has lost similar claims in Superior Court and in the state Supreme Court. Prosecutors had to recount the facts of its case against Sawtell as part of its request to the federal judge.
Sheehan was 19 years old and the mother of a 7-week-old infant when she was murdered. She lived with Sawtell at an apartment on Westfield Road.
The jury in the case heard how Sawtell did not want Sheehan living in the apartment.
Neighbors overheard screaming and shots before finding a bloodied Sawtell, who shot himself in the chest, in a hallway outside his apartment.
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