Sheila LaBarre

Case overview

Sheila LaBarre was convicted of first-degree murders of Kenneth Countie and Michael DeLoge following a jury trial in the Superior Court (Nadeau, J.). A jury found her sane at the time she committed the murders, rejecting her insanity defense. She was sentenced to life in prison without parole on June 20, 2008. She filed an appeal, arguing that the trial court erred by admitting certain evidence; the Supreme Court of New Hampshire affirmed.

STATUS

Sheila LaBarre received “two life sentences with no possibility of parole on June 20, 2008.”

Timeline

• February 24, 2006 — Sergeant Shawn Gallagher received two phone calls from the family of Kenneth Countie reporting that their son had been taken from Wilmington, Massachusetts, by Sheila LaBarre; Gallagher confirmed via NCIC that Wilmington Police Department listed Countie as missing.
• February 26, 2006 — Sheila LaBarre made three phone calls to Gallagher.
• March 17, 2006 — Gallagher and Detective Richard Cote responded to a call about a suspicious person acting disruptively inside the Wal-Mart Supercenter in Epping; they found LaBarre with Countie slumped over in a wheelchair.
• March 22, 2006 — LaBarre called Gallagher to complain about being characterized as a “suspicious person.”
• March 23, 2006 — Kenneth Countie’s mother called Gallagher expressing concern about Countie not contacting his family.
• March 24, 2006 — Around 1:00 a.m., LaBarre called Gallagher and played a tape recording; later that evening police conducted a community caretaking entry onto LaBarre’s property, she invited them inside, and she gave a room-by-room tour.
• March 25, 2006 — Epping Police Department and the New Hampshire State Police executed a search warrant on the morning of March 25, 2006.
• March 27, 2006 — LaBarre was interviewed by Sergeant Robert Estabrook and Chief Gregory Dodge.
• May 13, 2008 — Sheila LaBarre went to trial (as described).
• June 20, 2008 — She was sentenced to life in prison without parole.

The offence

Sheila LaBarre was convicted of first-degree murder for the death of Kenneth Countie and the death of Michael DeLoge following a jury trial. The jury found her sane and guilty of both charges after the insanity defense was rejected.

Investigation

February 24, 2006: phone calls and initial check

Sergeant Shawn Gallagher received two phone calls from Kenneth Countie’s family reporting that Countie had been taken from Wilmington, Massachusetts, by the defendant. Gallagher knew LaBarre, having dealt with her about two dozen times since 1995. Gallagher confirmed through NCIC that the Wilmington Police Department listed Countie as missing.

February 24, 2006: officers enter and meet Countie

At around 1:00 p.m., Gallagher and Detective Richard Cote went to LaBarre’s home in Epping on Red Oak Hill Lane. The road continued through her property, and there was a gate that blocked the road when closed. Officers parked outside the gate and climbed through the gate’s rungs. They spoke with LaBarre through a window. LaBarre initially said Countie was not there, then admitted he was. She initially refused to allow officers to see Countie, saying Countie was naked and in the bathtub; she later brought Countie to the door. Gallagher testified Countie appeared “fine” and that Countie told the officers he was there of his own free will. LaBarre told the officers to leave her property, and they did.

February 26, 2006: calls to Gallagher

On February 26, 2006, LaBarre made three phone calls to Gallagher stating that the police had no right to go onto her property, requesting a copy of the NCIC report listing Countie as a missing person, and threatening to sue anyone who went onto her property again.

March 17, 2006: Wal-Mart incident

On March 17, 2006, Gallagher and Cote responded to a call about a suspicious person acting disruptively inside the Wal-Mart Supercenter in Epping. They found LaBarre with Countie, who was slumped over in a wheelchair. Countie’s skin was ashen; he had cuts on his face and hands, and one hand was swollen and not functioning normally. LaBarre told Gallagher that Countie received his injuries in a car accident. When Cote attempted to speak with Countie, LaBarre told Countie not to say anything to him. The officers accompanied LaBarre and Countie out of the store; Gallagher observed Countie leaning on a shopping cart and “not walking properly.” LaBarre helped Countie into her truck.

March 22, 2006: complaint call

On March 22, 2006, LaBarre called Gallagher to complain that he characterized her as a “suspicious person” in his report about the Wal-Mart incident. She also told him that Countie had left her house.

March 23, 2006: mother contacts police

The next day, Countie’s mother called Gallagher to say she was concerned because LaBarre stated Countie was no longer living with her and Countie would have contacted someone if he were on his own. She said he could not be on his own because he had “mental deficiencies since birth.” Gallagher and Cote called LaBarre several times and left messages to find out where Countie was.

March 24, 2006: 1:00 a.m. tape recording

At approximately 1:00 a.m. on March 24, 2006, LaBarre called Gallagher and told him Countie had left; she played a tape recording over the phone. On the tape, LaBarre identified herself as a justice of the peace in New Hampshire and questioned Countie about raping children. Countie replied “yes” to the defendant’s questions in a soft, muffled voice. Gallagher heard a heaving sound and LaBarre told Countie to stop faking that he was “throwing up.” The recording included the statement, “Kenneth Countie is now faking that he's throwing up .” Shortly after, she told Countie to stop faking that he fainted, stating, “Kenneth Countie is now faking that he fainted.” During the tape, Gallagher heard LaBarre crying hysterically and saying “why, why, why?” Then the tape ended.

March 24, 2006: community caretaking entry and interaction

Concerned for Countie’s safety, Gallagher and Cote went to LaBarre’s residence at 6:00 p.m. Although LaBarre had told them Countie was gone, police went to the residence because in the past she had told police the person had left and police later found the person there. When they arrived, the gate was closed but not locked. There were no lights on in the house and all of LaBarre’s vehicles were parked in her yard. From outside the gate, Gallagher saw a burnt mattress in the front yard.

Gallagher and Cote climbed through the gate’s rungs and walked toward the house. They passed the burnt mattress and a second burn pile. Using a flashlight to illuminate the pile, they saw what appeared to be a knife handle with a melted blade, tree limb clippers, a partially burnt chair, and a piece of bone. The bone was approximately three and a half inches long with “a large piece of fleshy material attached to it.”

Officers knocked, announced they were Epping police officers, and no one answered. They returned to their cruiser. Gallagher called an assistant county attorney who told him there was sufficient evidence to conduct a “well-being check” concerning Countie. Cote called for assistance and Officer Bradley Jardis responded. Jardis carried his patrol rifle in an “administrative carry.” The three officers walked to the home, knocked again, and when no one responded they went back to the door and Gallagher kicked it open. Simultaneously, Gallagher heard a commotion and saw LaBarre walking from the gate toward them.

LaBarre told the officers Countie was not there. Gallagher asked if they could go inside to check. LaBarre invited them in and gave the officers a room-by-room tour. Gallagher testified she seemed “happy” as she gave the tour.

In the basement, officers found a pair of sneakers LaBarre said belonged to Countie. She told the officers they could not take them. After the tour, the officers walked outside. Cote asked about the bone. LaBarre replied that it was from a rabbit and explained she usually cremated her rabbits. When Cote observed that the bone was too big to have come from a rabbit, LaBarre became agitated and said it was from either “a rabbit or a pedophile.” Gallagher asked why she said it was from a pedophile and LaBarre denied she had said that. Officers asked if they could take the bone; LaBarre refused and asked them to leave.

Warrant and search

Based on Gallagher’s observations on March 24, he obtained a warrant to search the exterior of the defendant’s home. On the morning of March 25, 2006, Epping Police Department and New Hampshire State Police executed the search warrant. They seized several items and interviewed the defendant, who signed a consent-to-search form for her home. On March 27, 2006, LaBarre was interviewed by Sergeant Robert Estabrook and Chief Gregory Dodge. During the interview, she discussed the events of March 24 and told officers she found police already there when she arrived home that night and she let them inside her home. She described Officer Jardis as “quiet” and did not mention he was carrying his firearm. At the end of the interview, she was released.

Arrest

LaBarre was charged and indicted in relation to both deaths after the police investigation described.

Trial

Charges and pleas

LaBarre was indicted on one count of first-degree murder for the death of Kenneth Countie. She entered a non-negotiated plea of not guilty by reason of insanity and filed a notice of insanity defense. She waived indictment and pleaded not guilty by reason of insanity to first-degree murder for the death of Michael DeLoge. The jury found her sane and guilty of both charges.

Evidence and witness activity (insanity proceedings as described)

During trial, the jury heard testimony from Dr. Albert Drukteinis, the state’s forensic psychologist, who testified LaBarre was sane after reviewing more than 8,000 pages, interviewing LaBarre three times, and spending more than 12 hours with her. Malcolm Rogers, a forensic psychologist who testified for the defense, testified for the defense that LaBarre had either a schizophrenic affect disorder or a delusional disorder.

The defense argued LaBarre was delusional and believed every man in her life was a pedophile, describing herself as an avenging angel. Prosecutors argued she was “crude, manipulative, cruel and vindictive” and that she violently lashed out at the men she dated. The jury returned its verdict about 13 hours after deliberations began.

Jury tour and locations

Before opening statements, jurors toured key locations. Jurors visited the Wal-Mart where workers saw Countie with LaBarre on two occasions in March 2006. Jurors visited the 115-acre farm; they were able to get out but were not allowed to enter the house, which was vandalized and not repaired. Jurors saw where LaBarre’s coat was found and where her green Nissan truck was found. The jury also viewed other areas associated with the case.

Quotes and statements

“This is for my son,” said Countie's mother, Carolynn Lodge. “(For) two years, my son could not rest. Now he can rest.”

“It continues to be our belief that she's deeply crazy and insane,” defense lawyer Jeffrey Denner said. “We also understand there's a huge amount of emotion in this case that clouds this issue.”

Dr. Albert Drukteinis testified: “She answered questions well, she tried to explain evidence away that made her look bad. This is not what someone sees over many hours in a person who is psychotic.”

Malcolm Rogers, a forensic psychologist who testified for the defense, said those tapes illustrated that LaBarre has either a schizophrenic affect disorder or a delusional disorder, which caused her to mistakenly believe the men were pedophiles and to kill them.

Countie's mother described LaBarre: “Sheila LaBarre took advantage of my son, who was a kind, caring, gentle young man who could not socially defend himself.”

“She was a master of evil who deliberately tortured him. Sheila LaBarre stripped my son of all his dignity and self worth, and in the end, she murdered him.”

Sentencing

Sheila LaBarre was sentenced to life in prison without parole. The status indicates “Sentenced to 2 life sentences with no possibility of parole on June 20, 2008.”

Appeals

Appeal and legal issues

Sheila LaBarre appealed arguing the trial court erred by admitting certain evidence. The Supreme Court of New Hampshire affirmed.

Waiver and suppression issues

LaBarre did not challenge the police entry onto her property on February 24. She argued the trial court erred in finding the officers’ actions on March 24 were justified under community caretaking or emergency aid exceptions and challenged the finding that she voluntarily consented to the officers’ entry into her home that night. The Supreme Court held that she did not waive her right to appeal, but it held the search on March 24 was justified under community caretaking and consent.

The Supreme Court concluded that the March 24 entry onto LaBarre’s property was justified under the community caretaking exception to the warrant requirement, balancing the governmental interest against intrusion. The court held it did not need to consider emergency aid as the community caretaking function applied. It also held that the trial court’s finding that LaBarre consented freely, knowingly, and voluntarily to entry into her home was supported by the record.

Outcome

The Supreme Court of New Hampshire affirmed the convictions. The jury returned verdicts finding LaBarre sane and guilty of both first-degree murder charges.

Other details

People and relationships named

• Kenneth Countie — victim; met LaBarre through a personal ad in February 2006 (as described); 24 years old (as described).
• Michael Deloge (Michael DeLoge) — victim; 38 years old (as described).
• Countie’s mother, Carolynn Lodge — described as a family member who received communications about Countie.
• LaBarre’s defense lawyer Jeffrey Denner — stated he planned to file an appeal.
• Dr. Albert Drukteinis — state’s forensic psychologist.
• Malcolm Rogers — forensic psychologist who testified for the defense.
• Countie’s mother’s statements were quoted after the verdict.
• Police officers named included Sergeant Shawn Gallagher, Detective Richard Cote, Officer Bradley Jardis, Chief Gregory Dodge, and other Epping police officers referenced in testimony.

Places named

Epping, New Hampshire; Brentwood, New Hampshire (as referenced in reporting); Red Oak Hill Lane; Wal-Mart Supercenter; Wilmington, Massachusetts; Wal-Mart in Epping; I-293 and Manchester and Boston and Revere and Hampton and Somersworth and Portsmouth and Fort Payne were mentioned in the narrative portions of the material, alongside references to a horse farm associated with LaBarre.

Mental state and insanity defense

LaBarre pleaded not guilty by reason of insanity to both first-degree murder charges. The jury found she was sane when she committed the murders, and there was no further hearing based on an insanity finding.

Evidence and physical items mentioned (as described)

Items described across the material included charred tools and ashes, pruning shears, hedge clippers, a melted knife, bullet casings, a Connecticut birth certificate belonging to Michael Deloge, bone fragments, burned mattresses, a knife handle with a melted blade, tree limb clippers, a partially burnt chair, and a piece of bone with fleshy material attached. Officers also found sneakers described as belonging to Countie and LaBarre signed a consent-to-search form.

Named legal citation (as included in the material)

Supreme Court of New Hampshire State v. LaBarre, No. 2008-494, argued Jan. 13, 2010. The court affirmed.

“She knew what she did in both murders was legally wrong… She made careful decisions to conceal her crimes and systematically destroy evidence.” Prosecutor Jim Boffetti said this.

“She taunted, tormented and tortured both men as part of her sexual perversion.” Prosecutor Jim Boffetti said this.

Prosecutor Ann Rice said: “It's all wrapped up in the defendant's need to control, dominate and humiliate,”

Prosecutor Ann Rice said: “It's all wrapped up in the defendant's need to control, dominate and humiliate,” and also stated: “It's all wrapped up in the defendant's need to control, dominate and humiliate,” (as provided within the material’s wording).