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Jul 27, 2016 10:58 AM

Evidence of heroin use OK in trial only if NH mom accused of killing daughter testifies

The Associated Press

NASHUA (AP) — A judge has ruled on evidence motions in the upcoming trial of a New Hampshire woman charged with beating her 3-year-old daughter to death.

Katlyn Marin, of Nashua, faces a charge of second-degree murder in the death of Brielle Gage. Prosecutors say Marin assaulted Brielle several times during Thanksgiving week in 2014 and she died shortly after being rushed to a hospital on Nov. 25.

The court ruled that prosecutors will be allowed to introduce evidence that Marin allegedly used heroin the night before Brielle died only if Marin testifies in her own defense.

The defense's motion to introduce evidence from her boyfriend's former girlfriends who claim they were beaten by him while pregnant was denied. Marin alleges her boyfriend killed Brielle.

The trial by judge is set to begin in August.

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