MANCHESTER, NH — Dale Holloway, the man charged with assaulting a public defender inside the Valley Street jail, wants to be transferred to another jail since correctional officers he sees each day could be called as witnesses at his June 23 trial.
Judge Diane Nicolosi, presiding at a hearing Thursday in Hillsborough County Superior Court Northern District, took his request under advisement.
Holloway, 38, who lived at 549 Lake Ave. prior to being held on preventative detention in the jail, is defending himself although attorney Brian Lee was appointed to assist him in preparing for trial. Holloway is charged with two counts each of first- and second-degree assault and two counts of assault by prisoner.
Lee said he wrote Jail Superintendent Willie Scurry asking Holloway be transferred but did not receive a reply.
Holloway is accused of attacking Public Defender Michael Davidow on Oct. 21, 2019, when the attorney met him in the jail to talk about his criminal case in Hillsborough County Superior Court Southern District.
Holloway is also accused of the Oct. 12, 2019, attempted murder in Pelham of New England Pentecostal Ministries Bishop Stanley Choate, 75, who was shot in the chest; first-degree assault for knowingly causing injury to the bishop by means of a deadly weapon; being a felon in possession of a .380 caliber pistol; second-degree assault for recklessly causing injury to the bride Claire McMullen, 60, who was shot in the arm, and simple assault for striking the groom, Mark Castiglione, 60, in the head with a firearm.
The wedding was scheduled just before the funeral of Luis Garcia, 60, of Londonderry, Holloway’s step-father, who was killed Oct. 1 when he was shot in the neck in his home. Brandon Castiglione, 24, of Londonderry, Mark Castiglione’s son, is charged with second-degree murder in Garcia’s death.
Holloway said he did not want Davidow to represent him because the public defender’s office was involved in Castiglione’s case and he viewed it as a conflict.
Holloway told the judge he has filed a motion in the attempted murder case to be allowed to defend himself.
Nicolosi heard arguments on various motions in the Manchester case. In one, Holloway asked that all evidence gathered by police be suppressed at trial. He argued police took all of his clothing without a search warrant.
Assistant Hillsborough County Attorney Brian Greklek-McKeon told the judge that Holloway didn’t own the clothing, that it is the property of the Hillsborough County Department of Corrections which turned the items over to police. He compared that action to parole officers who inspect a parolee’s home; Holloway, he said, has no expectation of privacy in a jail.
Discussion also centered on Holloway’s witness list. He listed 150 people, including former President Barack Obama.
Barack Obama, the judge told him, “is not coming to New Hampshire” to be a witness.
She gave Holloway until May 26 to provide the court and state with a list of witnesses and what he expects their testimony will be. She also explained that people not related to him most likely will not show up unless they are subpoenaed.
The judge also told Holloway that he should prepare questions for witnesses and explained that if he did not like a witness’ response, he cannot argue with the individual.
She said it is up to him whether he testifies or not but she suggested if he testifies, that he have someone pose the questions – a family member or friend. She also said, however, that he had the option of giving a narrative but he would have to give the state notice of that. “It is totally your right to testify or not,” she said.
The judge asked both the state and Holloway if the cases could be resolved.
“I just hope the state would accept my offer,” Holloway said.
Lee said there had been discussion in the Manchester case and that the parties came pretty close but he said he didn’t know if the gap would be bridged.
Holloway mentioned he wanted the state to agree to a 5- to 10-year stand committed sentence at which point the judge stepped in to say the hearing was public and that the media was present. “I’m trying to protect you,” she said.
“Is the state prepared to offer me something reasonable today?” Holloway said.
At that point, Nicolosi closed the hearing to the public and when the Webex hearing resumed, she announced the Holloway hearing had concluded.