By DAMIEN FISHER, InDepthNH.org

Retired Nashua cop Anthony Pivero’s name is no longer on the state’s Exculpatory Evidence Schedule, also known as the Laurie List, ending a year’s long legal battle that started when he testified against a police detective in a double-murder case.

Merrimack Superior Court Judge Daniel St. Hilaire issued a ruling on Wednesday removing Pivero from the EES, citing the New Hampshire Supreme Court’s recent order. Judge Brian Tucker initially upheld Pivero’s EES status, but the Supreme Court overturned that decision and sent the case back to the Superior Court allowing Pivero to try again in front of St. Hilaire.

Even though prosecutors argued that Pivero should remain on the list of police officers with tarnished credibility, St. Hilaire agreed with the Supreme Court that the alleged lie about speaking Spanish does not rise to the level of an EES offense. St. Hilaire also ruled that Pivero is unlikely to testify in any criminal case again, even though prosecutors disagreed.

“The nature of the underlying conduct and Petitioner’s behavior during the investigation suggests nothing that would be relevant in future criminal cases either as exculpatory evidence or as evidence offered to impeach Petitioner’s credibility. Further, the Court finds there is no reasonably foreseeable case where this information would be admissible as exculpatory evidence. From the record, Petitioner’s last deposition as a witness was in 2017, after which the AGO added...

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