PORTSMOUTH, N.H. (AP) — A 19-year-old Portsmouth woman charged with lying to investigators about her whereabouts the day a University of New Hampshire student was killed waived her right Wednesday to have prosecutors detail the evidence against her.
Kathryn McDonough appeared in Portsmouth District Court and again agreed to conditions of her release on $35,000 bail. Those conditions include an order that she have no contact with Seth Mazzaglia — the man charged with second-degree murder in the death of 19-year-old Elizabeth “Lizzi” Marriott of Westborough, Mass.
Prosecutors say McDonough lied when she told investigators she had no contact with Marriott on Oct. 9 — the day prosecutors say Mazzaglia strangled or suffocated the UNH sophomore at his Dover apartment. Prosecutors say McDonough also gave a false alibi for her and Mazzaglia’s whereabouts the night of Oct. 9.
She is charged with hindering prosecution and conspiracy to hinder prosecution.
Marriott’s body still has not been found, despite an intensive search of the waters off Portsmouth’s Peirce Island, where investigators believe her body was dumped.
Court files in both cases remain sealed and prosecutors have not said why they believe Mazzaglia is Marriott’s killer.
McDonough and her lawyer, Ryan Russman, waived Wednesday’s evidentiary hearing after being given a copy of the sealed arrest warrant affidavit in her case, on the condition the information not be disclosed.
Assistant Attorney General Peter Hinckley said Mazzaglia, 30, was McDonough’s boyfriend at the time Marriott was killed.
On the night she disappeared, Marriott attended an evening class at UNH, where she was a marine biology major. She had left a note for relatives in Chester, N.H., where she was living, saying she planned to visit a friend after class but would be home at midnight. Her cellphone was last used at 10:11 p.m. that evening.
Prosecutors arrested Mazzaglia four days later, on Oct. 13, and charged him with killing Marriott in his Dover apartment. Mazzaglia — a UNH graduate and martial arts instructor — is being held without bond.
Hinckley said McDonough lied during interviews with investigators on Oct. 12, the day before Mazzaglia’s arrest.
McDonough in court Wednesday agreed to continue residing with her parents in Portsmouth and to have no contact with Mazzaglia or his parents, or with Marriott’s family. She declined to answer questions as she left the courthouse with her parents.
McDonough was arrested Dec. 24 at the Michael’s Arts and Crafts store where she worked. She remained in custody until her family posted bail Dec. 30, Russman said.
“I think she’s pretty anxious and I think she’s pretty scared,” Russman said after court.
Copyright 2013 The Associated Press.