Robert Tulloch pled not guilty to a charge of conspiracy to commit murder today at an arraignment hearing at Grafton County Superior Court.
In this third and latest indictment brought against the Vermont teen accused of killing Dartmouth professors Susanne and Half Zantop last January, prosecutors argue that Tulloch and alleged accomplice James Parker premeditated murder months in advance.
In a motion to consolidate the conspiracy charge with the existing four first-degree murder charges against Tulloch, state prosecutors allege that the Zantop murders were only part of "an overall scheme by the defendant and James Parker to raise $10,000 illegally, to eliminate witnesses and to travel to Australia."
Starting in July 2000, the two had conspired to enter several private homes with the intent of using violence to obtain ATM cards and PIN numbers, according to the motion released Monday. The Grafton County Grand Jury handed down the conspiracy charge, which carries a prison sentence of 15 to 30 years, last month.
As for how the conspiracy charge will affect Tulloch's insanity defense, lead prosecutor Kelly Ayotte said afterwards that it was an issue for the jury to decide. The prosecution will be prepared to address it at trial, she said.
Given the nature of the charge against him, Judge Peter W. Smith said that "there was no question of bail" for Tulloch. When asked to comment, Ayotte added that the pending first-degree murder charges should also preclude bail.
Although the actual proceedings took less than five minutes, the courtroom was almost completely filled. The press made up most of the onlookers, but a handful were members of the public.
Tulloch did not speak during the hearing, allowing his lawyer to enter his plea. However, he did smile and wave to one female member of the courtroom audience before the hearing began.
"He was a wonderful young man," she said of Tulloch after the hearing. The woman declined to give her name, identifying herself only as "a good friend" of the defendant.
Tulloch's mother, who has attended other of his legal proceedings, was not present at today's arraignment.
On the prosecution's motion to consolidate, Ayotte -- a senior assistant state attorney general -- explained afterwards that since the five charges "are all arising out of the same set of facts ... they all should be heard in the same trial."
At this point, defense attorneys have voiced their intent to fight the prosecution's motion, but have yet to file a formal motion. Ayotte said she expected a pre-trial hearing on whether the charges should be consolidated once they do.
The conspiracy charge against Tulloch is based on information gleaned from Parker, who plea-bargained his testimony for a reduced charge for his role in the murders. He pled guilty to one count of accomplice to second-degree murder last December.
Although prosecutors had not met with Parker before making the deal, Ayotte said Parkers' attorneys had given them a sense of what they might learn from their client.
Still, the level of detail provided by Parker since "is certainly not what we had last year," she added.
New Hampshire State Police and the Hanover Police, assisted by Vermont authorities, investigated the conspiracy charge before it was sent to the grand jury, according to Ayotte.
In addition to using his testimony to bring the more detailed charges of late, the prosecution plans to put Parker on the witness stand at Tulloch's trial, slated to begin April 22.
Richard Guerriero, one of the public defenders representing Tulloch, said he had "nothing new to say."
