New Hampshire Supreme Court rejects Michael Addison’s petition to review death sentence
By Mike Moses
Click here for updates on this story
CONCORD, New Hampshire (WMUR) — The New Hampshire Supreme Court has dismissed a petition to review the death penalty sentence of Michael Addison, who was convicted of capital murder in the 2006 shooting death of Manchester police Officer Michael Briggs.
Addison’s attorneys argued in March that because New Hampshire abolished the death penalty in 2019, Addison’s sentence goes against the state’s contemporary values.
In the decision, Justice Melissa Countway wrote the statute abolishing the death penalty specifies that it only applies to sentences handed down on or after the date that the statute became active.
She wrote that the only decision left to the Supreme Court was whether Addison is entitled to a comparative proportionality review of his death sentence. But she said the court already reviewed the sentence and found it fair, rejecting the argument from Addison’s attorneys that he was entitled to a new review because the death sentence was subsequently abolished.
Addison’s attorneys said they were disappointed by the decision.
“We continue to believe that the law compellingly supports the conclusion that in the wake of New Hampshire’s repeal of the death penalty, Mr. Addison’s death sentence cannot stand,” the attorneys said in a statement. “We will continue to fight in the courts to ensure that it does not.”
Gov. Kelly Ayotte, who prosecuted Addison when she was attorney general, released a statement reiterating her support for the death penalty in Addison’s case.
“Michael Addison should face the death penalty for murdering Manchester Police Officer Michael Briggs in cold blood nearly 20 years ago,” she said. “Addison’s sentence was handed down fairly and in accordance with the law by a jury of his peers, and today’s ruling by the New Hampshire Supreme Court is an important step toward ensuring justice for Officer Briggs, the Briggs family, and the men and women of the Manchester Police Department. Our law enforcement officers deserve to know that criminals who harm them will face the toughest penalties, and I thank the Department of Justice for their efforts to hold Addison accountable.”
In a statement, the Attorney General’s Office said it was grateful for the decision.
“This decision marks an important step in the ongoing post-conviction process, and we hope it provides some measure of relief to the Briggs family,” it said in the statement. “The department remains committed to pursuing justice for victims and their families and holding accountable those who harm members of our law enforcement community.”
Jesse O’Neill, former New Hampshire senior assistant attorney general weighed in on what the decision means.
“What the Supreme Court held is that the law only entitles somebody sentenced to death to one comparative proportionality review, which they had already committed,” O’Neill said. “It’s definitely a big blow to Michael Addison’s defense.”
Manchester Police Chief Peter Marr also said he supported the decision.
“I support the Supreme Court’s decision,” Marr said in a written statement. “Officer Briggs’ murderer was convicted of capital murder and sentenced to death by a jury. His conviction and sentence have been extensively reviewed and upheld through the judicial process. Next week will mark 20 years since Officer Briggs was murdered. His family, his fellow officers, and this community deserve finality.”
Democratic gubernatorial nominee Cinde Warmington says she opposes the death penalty, and has said she would not proceed with an execution if Addison’s case reaches that point if she is in office.
“I will not be proceeding with the application of a death penalty in this state,” Warmington said.
The ACLU of New Hampshire said in a statement that questions remain about the constitutionality of executing Addison after the state has repealed the death penalty.
“Today is a sad day that could lead New Hampshire down the path of becoming the first and only state to execute someone under a repealed death penalty statute,” said Gilles Bissonnette, legal director of the ACLU of New Hampshire. “New Hampshire repealed the death penalty in 2019 because it is inhumane, unjust, racist, and error-prone — things that are all still true today. The penalty of death cannot be proportionate in this case when someone convicted of an identical crime today would not receive the death penalty. While today’s decision ignores this reality, the fight against the death penalty in this case will continue.”
Addison’s attorneys can file a motion to rehear the decision.
New Hampshire has not executed anyone since 1939.
Please note: This story was provided to CNN Wire by an affiliate and does not contain original CNN reporting. This content carries a strict local market embargo. If you share the same market as the contributor of this article, you may not use it on any platform.