Witness: Student had rejected man who killed her

Published on NewsOK Modified: June 4, 2014 at 3:27 pm •  Published: June 4, 2014
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DOVER, N.H. (AP) — Rebuffed twice by a 19-year-old University of New Hampshire student, a man quickly incapacitated her with a rope and raped her while calling her names, the defendant's ex-girlfriend said Wednesday in emotional testimony that forced a pause in his trial.

Kathryn McDonough spent her second day on the stand Wednesday in the first-degree murder trial of Seth Mazzaglia, who is charged with killing Elizabeth "Lizzi" Marriott of Westborough, Massachusetts at his Dover apartment on Oct. 9, 2012.

McDonough had lured Marriott, her co-worker, to the apartment with the promise of watching a movie or playing a video game. In reality, McDonough testified, she was offering Marriott as a sex partner for Mazzaglia, who was angry that McDonough had left him alone for 12 days.

Mazzaglia's lawyers have said that McDonough killed Marriott during rough sex.

McDonough gave this account:

Mazzaglia sent her a text message at 10:26 p.m. asking, "We painting tonight?" — a coded reference to having sex with Marriott.

She replied: "Your decision, I guess. If you have a plan. Nervous."

"I didn't really know what he wanted to do," McDonough testified.

After a game of strip poker, Mazzaglia suggested to Marriott that she kiss McDonough. When Marriott said no, saying she was in a committed relationship, he said he wanted Marriott to watch McDonough and Mazzaglia have sex. Marriott again refused.

McDonough, who previously told the jury about the couple's sadomasochistic relationship, testified that Mazzaglia was unaccustomed to hearing "no."

"That's when he moved up behind her and he pulled the rope up over her head and he strangled her," she said. "She let out a quick noise and she sort of stopped. Her arms curled up against her chest and her eyes were closed."

Mazzaglia was wearing gloves and had a soft, white cotton rope the couple used in bondage sex. After Mazzaglia strangled Marriott, McDonough went into the bathroom.

When she returned to the main part of the studio apartment, she saw Mazzaglia raping Marriott and calling her names — her motionless body prone on the floor. Then Mazzaglia went into the bathroom and told McDonough to hold the rope around Marriott's neck. McDonough said she laid the rope loosely over Marriott's neck.

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