Accused killer will argue for bail
Staff photo by Don Himsel Corey Furgal appeared in Hillsborough County Superior Court in Nashua for an arraignment Thursday, February 4, 2010.
NASHUA – Lawyers for a Merrimack man accused of stabbing another young man to death at a Halloween party have renewed a challenge to a state law that presumes him ineligible for bail, arguing that it is unconstitutional.
Corey Furgal, 24, of 16 Bel-Air Ave., pleaded innocent at his arraignment on second- degree murder charges Thursday in Hillsborough County Superior Court. He is accused of killing Chris Vydfol, 20, of Nashua, by stabbing him in the chest during a fight at 157 Bedford Road, where both men had been attending a party on the night of Oct. 31.
Furgal has been held without bail since his arrest hours after the stabbing, pursuant to a state law, RSA 597-1c, which states in its entirety, “Any person arrested for an offense punishable by up to life in prison, where the proof is evident or the presumption great, shall not be allowed bail.”
Furgal’s lawyers, public defenders Paul Borchardt, of Nashua, and Joseph Malfitani, of Stratham, argue that he should be entitled to bail, and filed a legal memorandum to that effect Thursday.
The defense asked for a hearing once prosecutors have a chance to respond to their arguments. The prosecutor, Senior Assistant Attorney General Susan Morrell, said her office would object, and respond within the required 20 days.
Furgal’s lawyers are reviving arguments made previously in the case of Darryll Bifano, who was convicted of beating Stephen Grodske to death in Laconia in 2008. Bifano’s appeal on the same bail issue reached the state Supreme Court, but before the Court ruled on the matter, the case became moot when Bifano pleaded guilty and was sentenced to 27 years in prison.
Furgal’s lawyers argue that it’s unconstitutional for a judge to set bail based solely on the offense itself, without considering whether a particular defendant is actually dangerous, or likely to flee.
Legal tradition – common law – holds that people accused of crimes have a right to bail while awaiting trial, as defendants are presumed innocent until proven guilty, and both the state and federal Constitutions prohibit judges from setting bail unreasonably high.
The law has long made an exception for people facing the death penalty, however, since common sense suggests that such defendants would literally run for their lives if released before trial. New Hampshire law states that people facing either a mandatory life-without-parole sentence or capitol murder are not eligible for bail.
Life in prison is the maximum for the charges Furgal faces, however. Second-degree murder typically carries a minimum term somewhere around 20 to 40 years. Furgal’s lawyers also argue that prosecutors should have to meet a high burden of proof before a judge could find him ineligible for bail, Borchardt said.
Furgal’s father and several other supporters attended the arraignment, but his father declined to comment on the case afterward.
Furgal faces two alternative counts of second-degree murder, one alleging that he recklessly caused Vydfol’s death by showing “an extreme indifference to the value of human life,” the other alleging simply that he killed Vydfol by stabbing him in the chest.
Because Furgal was convicted on a felony drug charge in 2006, he also was charged with being a felon in possession of a deadly weapon.
Police reports outlining information on the stabbing remain sealed in Merrimack District Court, and few details surrounding the circumstances have been released. A Merrimack resident, Robert Brackett, 20, has been charged with hosting an underaged drinking party.
Andrew Wolfe can be reached at 594-6410 or awolfe@nashuatelegraph.com
Accused killer will argue right to bail
NASHUA - Lawyers for a Merrimack man accused of stabbing another young man to death at a Halloween party have renewed a challenge to a state law that presumes him ineligible for bail, arguing that it is unconstitutional.Corey Furgal, 24, of 16 Bel-Air Ave., pleaded innocent at his arraignment on second-degree murder charges this morning in Hillsborough County Superior Court. He is accused of killing Chris Vydfol, 20, of Nashua, by stabbing him in the chest during a fight at 157 Bedford Road, where both men had been attending a party on the night of Oct. 31.
A resident, Robert Brackett, 20, was later charged with hosting an under-aged drinking party, police reported.
Police reports outlining information on the stabbing remain sealed in Merrimack District Court, and few details surrounding the circumstances have been released.
Furgal has been held without bail since his arrest hours after the stabbing, pursuant to a state law, RSA 597-1c, which states in its entirety, “Any person arrested for an offense punishable by up to life in prison, where the proof is evident or the presumption great, shall not be allowed bail.”
Furgal’s lawyers, public defenders Paul Borchardt of Nashua and Joseph Malfitani of Stratham, argue that he should be entitled to bail, and filed a legal memorandum to that effect just before his arraignment.
The defense asked for a hearing once prosecutors have a chance to respond to their arguments. The prosecutor, Senior Assistant Attorney General Susan Morrell, said her office would object, and respond within the required 20 days.
Furgal’s lawyers are reviving arguments made previously in the case of Darryll Bifano, who was convicted of beating Stephen Grodske to death in Laconia in 2008. Bifano’s appeal on the same bail issue reached the state Supreme Court, but before the Court ruled on the matter, the case became moot when Bifano pleaded guilty and was sentenced to 27 years in prison.
Furgal’s lawyers argue that it’s unconstitutional for a judge to set bail based solely on the offense itself, without considering whether a particular defendant is actually dangerous, or likely to flee.
Legal tradition (common law) holds that people accused of crimes have a right to bail while awaiting trial, as defendants are presumed innocent until proven guilty, and both the state and federal Constitutions prohibit judges from setting bail unreasonably high.
The law has long made an exception for people facing the death penalty, however, since common sense suggests that such defendants would literally run for their lives if released before trial. New Hampshire law states that people facing either a mandatory life-without-parole sentence or capitol murder are not eligible for bail.
Life in prison is the maximum for the charges Furgal faces, however. Second-degree murder typically carries a minimum term somewhere around 20 to 40 years. Furgal’s lawyers also argue that prosecutors should have to meet a high burden of proof before a judge could find him ineligible for bail, Borchardt said.
Furgal’s father and several other supporters attended the arraignment, but his father declined to comment on the case afterward.
Furgal faces two alternative counts of second-degree murder, one alleging that he recklessly caused Vydfol’s death by showing “an extreme indifference to the value of human life,” the other alleging simply that he killed Vydfol by stabbing him in the chest.
Because Furgal was convicted on a felony drug charge in 2006, he also was charged with being a felon in possession of a deadly weapon.
Several of Furgal’s friends and family members attended the arraignment. His father declined to comment after the hearing.
Andrew Wolfe can be reached at 594-6410 or awolfe@nashuatelegraph.com
