Murder, Rape Victim Lizzi Marriott's Sexual History Not Admissible: Court Ruling

WESTBOROUGH, MA — After appeals from attorneys for convicted murderer Seth Mazzaglia, the New Hampshire Supreme Court on Thursday ruled that details from the murder victim's are inadmissible.

The Supreme Court ruled that the details of Westborough native Elizabeth "Lizzi" Marriott's sexual history would remain private, reports the Worcester Telegram and Gazette.

Mazzaglia, of Dover, was convicted of strangling Marriott, 19, a UNH marine biology student from Westborough, MA, to death in October 2012.

Hundreds gathered on Bay State Commons in Westborough in the days after her disappearance for a vigil.

According to the prosecution, Mazzaglia’s girlfriend, Kathryn "Kat" McDonough, lured Marriott to their apartment where he raped her. After strangling the teen, the pair stuffed her in a suitcase and threw it off a cliff on Pierce Island in Portsmouth. Marriott’s body was never recovered. Both Mazzaglia and McDonough were convicted in the case.

The program 48 Hours aired a segment on the murder in February 2015.

The state's supreme court in June had ruled that Marriott's sexual background, previously sealed, should be made public for the appeals, reports the Worcester Telegram and Gazette. The ruling brought objections from the family and prosecutors.

Mazzaglia's attorneys during his appeals argued that Marriott's sexual history should be made public because Mazzaglia, who is serving a life sentence, maintains that Marriott's death was an accidental suffocation.

The state's rape shield law originally prevented any history from being entered as evidence, but defense attorneys for Mazzaglia questioned whether the law applied to appeals, as well, reports The Republic.

The rape shield law has been passed in almost all states, intended to "protect victims from the emotional trauma of being questioned about their sexual history on the witness stand," according to U.S. Legal. "The fear of being humiliated has discouraged victims from reporting and pursuing charges."

Originally, the court voted to unseal the documents, but the attorney general's office asked for a hearing, reports the Union Leader. The hearing was granted, and the lower court's ruling was overturned.

Mazzaglia's ex-girlfriend, McDonough, 22, formerly of Dover, was recently released, after serving the maximum three-year sentence for her part in the incident. She was the primary witness in the case.

Photo Credit: WHDH-TV, Channel 7 News