New Hampshire man wants to skip murder sentencing

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Seth Mazzaglia and Kathryn McDonough
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New Hampshire man wants to skip murder sentencing
Seth Mazzaglia, right, leaves the courtroom for the lunch break in Strafford County Superior Court, Wednesday, June 25, 2014 in Dover, N.H. The defense gave its closing arguments in Mazzaglia's first-degree murder trial. He is accused of killing Elizabeth "Lizzi" Marriott. (AP Photo/Jim Cole)
Seth Mazzaglia, right, watches as the courtroom is cleared before he leaves for the lunch break in Strafford County Superior Court, Wednesday, June 25, 2014 in Dover, N.H. The defense gave its closing arguments in Mazzaglia's first-degree murder trial. He is accused of killing Elizabeth "Lizzi" Marriott. (AP Photo/Jim Cole)
Defendent Seth Mazzaglia, right, is lead from the courtroom Friday, June 27, 2014 in Strafford County Superior Court in Dover, N.H. after he was found guilty of murder for the the Oct. 9, 2012 strangulation death of 19-year-old Elizabeth "Lizzi" Marriott, who was a student at the University of New Hampshire. He will be sentenced to life in prison without the chance of parole. (AP Photo/Portsmouth Herald, Rich Beauchesne, Pool)
Bob Marriott, father of Elizabeth “Lizzi” Marriott, makes a brief statement in behalf of the Marriott family at the Strafford County Superior Court in Dover, N.H., after Seth Mazzaglia was found guilty of two counts of murder for the strangulation death Elizabeth “Lizzi” Marriott on Oct. 9, 2012. (AP Photo/The Portsmouth Herald, Rich Beauchesne, Pool)
A tearful Bob Marriott, father of Elizabeth “Lizzi” Marriott, makes a brief statement in behalf of the Marriott family at the Strafford County Superior Court in Dover, N.H., after Seth Mazzaglia was found guilty of two counts of murder for the strangulation death Elizabeth “Lizzi” Marriott on Oct. 9, 2012. (AP Photo/The Portsmouth Herald, Rich Beauchesne, Pool)
Strafford County Superior Court Judge Steven Houran instructs the jury before handing over the case for deliberation in the murder trial of Seth Mazzaglia in Dover, N.H., on Thursday, June 26, 2014. Mazzaglia is accused of killing University of New Hampshire student Elizabeth "Lizzi" Marriott. (AP Photo/Union Leader, David Lane, POOL)
Defendant Seth Mazzaghlia leaves the courtroom Tuesday, June 24, 2014 in Strafford County Superior Court in Dover, N.H. The defense rested its case Tuesday. Mazzaglia is charged with first-degree murder in the October 2012 death of 19-year-old Elizabeth "Lizzi" Marriott of Westborough, Massachusetts. (AP Photo/Jim Cole, Pool)
Denise McDonough of Dover, N.H. the mother of Kathryn McDonough, testifies while being questioned by defense attorney Joachim Barth during the trial of Seth Mazzaglia at Strafford County Superior Court in Dover, N.H.on Wednesday, June 18, 2014. Mazzaglia is charged with killing 19-year-old UNH student Elizabeth "Lizzi" Marriott and dumping her body in the Piscataqua River in Portsmouth. (AP Photo/Union Leader, David Lane, Pool)
Denise McDonough of Dover, N.H., the mother of Kathryn McDonough, testifies while being questioned by the prosecution during the trial of Seth Mazzaglia at Strafford County Superior Court in Dover, on Wednesday, June 18, 2014. Mazzaglia is charged with killing 19-year-old UNH student Elizabeth "Lizzi" Marriott and dumping her body in the Piscataqua River in Portsmouth. (AP Photo/Union Leader, David Lane/POOL)
Kathryn McDonough testifies during her former boyfriend Seth Mazzaglia's first-degree murder trail at Strafford County Superior Court, Tuesday, June 3, 2014, in Dover, N.H. Mazzaglia is on trial for allegedly killing Elizabeth "Lizzi" Marriott, a University of New Hampshire student, in his Dover N.H. apartment on Oct. 9, 2012. (AP Photo/The Herald, Rich Beauchesne, Pool)
Prosecutor Peter Hinckley questions witness Kathryn McDonough, right, during her former boyfriend Seth Mazzaglia's first-degree murder trail at Strafford County Superior Court, Tuesday, June 3, 2014, in Dover, N.H. Mazzaglia is on trial for allegedly killing Elizabeth "Lizzi" Marriott, a University of New Hampshire student, in his Dover N.H. apartment on Oct. 9, 2012. (AP Photo/The Herald, Rich Beauchesne, Pool)
Witness Kathryn McDonough, right, is escorted out of the courtroom during the morning break in her former boyfriend Seth Mazzaglia's first-degree murder trail at Strafford County Superior Court, Tuesday, June 3, 2014, in Dover, N.H. Mazzaglia is on trial for allegedly killing Elizabeth "Lizzi" Marriott, a University of New Hampshire student, in his Dover N.H. apartment on Oct. 9, 2012. (AP Photo/The Herald, Rich Beauchesne, Pool)
Seth Mazzaglia exits the courtroom during the end of his first day of trial at Strafford County Superior Court, Wednesday, May 28, 2014, in Dover, N.H. Authorities say Mazzaglia strangled University of New Hampshire sophomore Elizabeth "Lizzi" Marriott on Oct. 9, 2012, at the Dover apartment he shared with his then-girlfriend, Kathryn McDonough. Mazzaglia has pleaded not guilty in the case. (AP Photo/Portsmouth Herald, Rich Beauchesne, Pool)
Seth Mazzaglia gets escorted out of the courtroom as Judge Steven Houran gave his case to jurors for deliberation at Strafford County Superior Court in Dover, N.H., on Thursday, June 26, 2014. Mazzaglia is accused of killing University of New Hampshire student Elizabeth "Lizzi" Marriott. (AP Photo/Union Leader, David Lane, POOL)
Seth Mazzaglia returns to his trial in Strafford County Superior Court, Wednesday, May 28, 2014 in Dover, N.H. Authorities say Mazzaglia strangled University of New Hampshire sophomore Elizabeth "Lizzi" Marriott on Oct. 9, 2012, at the Dover apartment he shared with his then-girlfriend, Kathryn McDonough. Mazzaglia has pleaded not guilty in the case. (AP Photo/Portsmouth Herald, Rich Beauchesne, Pool)
Kathryn McDonough looks in the direction of her former bouyfriend Tuesday June 3, 2014 in Strafford Sounty Superior Court in Dover, N.H. McDonough is the state's key witness against her former boyfriend Seth Mazzaglia charged with first-degree murder in the 2012 death of Elizabeth "Lizzi" Marriott of Westborough, Massachusetts. (AP Photo/The Herald, Rich Beauchesne, Pool)
Prosecutor Peter Hinckley questions witness Kathryn McDonough, right, during her former boyfriend Seth Mazzaglia's first-degree murder trail at Strafford County Superior Court, Tuesday, June 3, 2014, in Dover, N.H. Mazzaglia is on trial for allegedly killing Elizabeth "Lizzi" Marriott, a University of New Hampshire student, in his Dover N.H. apartment on Oct. 9, 2012. (AP Photo/The Herald, Rich Beauchesne, Pool)
Kathryn McDonough testifies Tuesday June 3, 2014 in Strafford County Superior Court in Dover, N.H. McDonough is the state's key witness against her former boyfriend Seth Mazzaglia, who is charged with first-degree murder in the 2012 death of Elizabeth "Lizzi" Marriott of Westborough, Massachusetts. (AP Photo/The Herald, Rich Beauchesne, Pool)
Joachim Barth, defense attorney for Seth Mazzaglia, delivers his opening arguments in Mazzaglia's first-degree murder trial in Strafford County Superior Court Wednesday May 28, 2014, in Dover, N.H. Mazzaglia is charged with raping and killing Elizabeth “Lizzi” Marriott of Westborough, Mass., and dumped the teens body into the Piscataqua River which feeds into the Atlantic Ocean. Her body has never been found. In his opening arguments Barth said the state's key whittness Kathryn McDonough is the killer. (AP Photo/The Herald, Rich Beauchesne, Pool)
State prosecutor Peter Hinckley delivers his opening arguements in the murder trial against Seth Mazzaglia Wednesday, May 28, 2014 in Strafford County Superior Court in Dover, N.H. Authorities say Mazzaglia strangled University of New Hampshire sophomore Elizabeth "Lizzi" Marriott on Oct. 9, 2012, at the Dover apartment he shared with his then-girlfriend, Kathryn McDonough. Mazzaglia has pleaded not guilty in the case. (AP Photo/Portsmouth Herald, Rich Beauchesne, Pool)
Joachim Barth, defense attorney for Seth Mazzaglia, delivers opening arguments in Strafford County Superior Court Wednesday, May 28, 2014 in Dover, N.H. Authorities say Mazzaglia strangled University of New Hampshire sophomore Elizabeth "Lizzi" Marriott on Oct. 9, 2012, at the Dover apartment he shared with his then-girlfriend, Kathryn McDonough. Mazzaglia has pleaded not guilty in the case. (AP Photo/Portsmouth Herald, Rich Beauchesne, Pool)
Seth Mazzaglia stands in court during a break in opening arguements at the start trial in Strafford County Superior Court, Wednesday, May 28, 2014 in Dover, N.H. Authorities say Mazzaglia strangled University of New Hampshire sophomore Elizabeth "Lizzi" Marriott on Oct. 9, 2012, at the Dover apartment he shared with his then-girlfriend, Kathryn McDonough. Mazzaglia has pleaded not guilty in the case. (AP Photo/Portsmouth Herald, Rich Beauchesne, Pool)
Seth Mazzaglia looks around the courtroom during the start of his trial in Strafford County Superior Court, Wednesday, May 28, 2014 in Dover, N.H. Authorities say Mazzaglia strangled University of New Hampshire sophomore Elizabeth "Lizzi" Marriott on Oct. 9, 2012, at the Dover apartment he shared with his then-girlfriend, Kathryn McDonough. Mazzaglia has pleaded not guilty in the case. (AP Photo/Portsmouth Herald, Rich Beauchesne, Pool)
In this photo taken from a television monitor in district court in Derry, N.H.. Kathryn McDonough appears during her video arraignment from the Rockingham County jail in Brentwood, N.H. Bail was set at $35,000 for McDonough, who is charged with lying to investigators about her whereabouts and involvement in the disappearance and death of a college student her boyfriend is accused of killing. (AP Photo)
In this photo taken from a television monitor in district court in Derry, N.H.. Kathryn McDonough, left, appears during her video arraignment with lawyer Ryan Russman from the Rockingham County jail in Brentwood, N.H. Bail was set at $35,000 for McDonough, who is charged with lying to investigators about her whereabouts and involvement in the disappearance and death of a college student her boyfriend is accused of killing. (AP Photo)
FILE - This undated file photo provided by the New Hampshire State Police shows Kathryn McDonough of Portsmouth, N.H. McDonough, who allegedly lied to police about the disappearance of University of New Hampshire sophomore Elizabeth "Lizzi" Marriott last fall, will plead guilty to all charges against her Thursday, July 25, 2013. (AP Photo/New Hampshire State Police, File)
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DOVER, N.H. (AP) - A man who faces life imprisonment for raping and killing a University of New Hampshire student in 2012 does not want to appear for his sentencing this week.

Seth Mazzaglia was convicted June 27 of first-degree murder and other felonies in the death of Elizabeth "Lizzi" Marriott of Westborough, Massachusetts. Prosecutors say he strangled, then raped the 19-year-old Marriott in his Dover apartment after she rebuffed his sexual advances.

Mazzaglia's girlfriend, Kathryn McDonough, is already serving jail time for hindering prosecution.

Mazzaglia, 31, is scheduled to be sentenced Thursday and at least 11 family and friends of the victim are expected to give statements. In a brief motion filed Friday, Mazzaglia said it is his constitutional right to not appear.

In his response, prosecutor Peter Hinckley wrote, "To be sure, the defendant has a constitutional right to be present, and can waive that right." But he said Mazzaglia has not set forth any reasons he should be absent, and that the interests in having him present outweigh his objection.

Prosecutors will argue against the motion at a hearing Tuesday in Dover.

Hinckley said Mazzaglia should be held accountable for the crime, that his presence in court will help avoid any unnecessary and unwanted confusion, and that the interests of the victim and her family are "hardly more compelling than in this case."

"The defendant received his fair trial," Hinckley wrote. "It is now fair for him to personally receive the sentence that will result from such."

Jurors heard testimony over the course of 19 days and convicted Mazzaglia after a full day of deliberations.

The key witness, the 20-year-old McDonough, lured Marriott to their Dover apartment. She testified that Mazzaglia wanted another woman to join their sexual escapades, which included bondage.

McDonough first told investigators that Marriott died during rough sex between the two women that involved restraints. After getting immunity from prosecution, McDonough changed her story and said Mazzaglia strangled Marriott, then raped her.

Mazzaglia did not testify.

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