Published: September 19, 2006
The indictment made public yesterday added little new information to the case against LaBarre, 48, who has been held at the Rockingham County jail since she was arrested in April. Court documents say remains believed to be those of Kenneth Countie of Wilmington, Mass., were smoldering as police arrived to search for him.
"This is the first formal charge. It's the first formal step in the process," Assistant Attorney General Peter Odom said.
LaBarre, who was denied bail after a hearing last month, has the option of making a second argument to be released when she is arraigned before a Rockingham County Superior Court judge on the murder charge, Odom said. He said there has been no renewed efforts by LaBarre's lawyers to have her released prior to trial.
Even with yesterday's indictment, Odom said investigators continue to work on the case, but he would not say if LaBarre is under investigation for other crimes.
"I really can't comment on that," Odom said. "This is the only charge she's facing right now."
A search of LaBarre's property - detailed in court documents - say forensic examiners found blood throughout the house and at least "two additional burn piles and one ash dump site" apart from where Countie was allegedly burned that a fire marshal dated back to last fall.
Forensic experts, who found blood throughout LaBarre's home, "describes some of the blood as being 'old' having layers of dust and dirt over them, and some as new stains," a police affidavit said. State and local police spent 17 days at the farm on Red Oak Hill Lane. During the first week, a band of nearly 100 police officers from across the region combed through brush, woods and dirt scouring for evidence.
After LaBarre's arrest, the parents of one of her former boyfriends said their son has been missing since dating the woman two years ago.
Yesterday, a lawyer representing Countie's family said LaBarre still has not responded to a $10 million wrongful death lawsuit filed in Superior Court. Lawyer Peter Eleey refused to say if the family would seek an order from a judge that would require LaBarre to pay damages to the family.
"At this point, the family is evaluating their options," he said. "We'll make further pleadings at the appropriate time. The only other thing I'd add is that the family would like to thank the state police and New Hampshire attorney general's office for their thorough investigation."
Defense lawyers suggested at a bail hearing last month that LaBarre may argue she improperly disposed of the body, but didn't commit the murder.