- Associated Press - Tuesday, January 12, 2016

CONCORD, N.H. (AP) - The New Hampshire Supreme Court on Tuesday upheld the conviction of a man sent to prison for assaulting his girlfriend’s 3-year-old son, days after a judicial panel refused to reduce his sentence of over 25 years.

Roland Dow and Jessica Linscott were arrested at a Florida amusement park in November 2012, two weeks after leaving her son in a hospital with a brain injury, head-to-toe bruises and burns on his arm and hand. Linscott pleaded guilty to child endangerment and witness tampering and was paroled in May. Dow was convicted of 11 charges, including assault, and sentenced to 25 ½ to 67 years in prison.

In his appeal, Dow argued that Linscott should have been barred from testifying that Dow abused her. He also argued that the trial judge was wrong by allowing the state to present testimony of an expert witness on domestic violence.

The Supreme Court said Dow didn’t prove its case as to why Linscott should have been barred. It also ruled that the expert, Dr. Scott Hampton, “testified exclusively in general terms about domestic violence relationships and why victims of domestic violence act in certain ways.”

Charles Keefe, a lawyer representing Dow, said “we are looking at some type of further relief” on at least one point. In arguing against Linscott’s testimony that she acted out of fear of Dow, the court said Dow failed to provide transcripts that the trial judge relied on in making his ruling. “We disagree with the court’s rationale that a transcript of a motion hearing should have been provided,” Keefe said.

Dow spoke publicly about the case for the first time at his sentence review hearing last month.

“I feel that I was tried as an accomplice and then went to sentencing, and I was sentenced as a perpetrator,” he said. “I would never harm a child. I didn’t assault James. I don’t think the jury thinks that I assaulted James. I think I should be sentenced accordingly.”

The prosecution described Dow’s treatment of the child as “sadistic.”

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