CONCORD, N.H. — Nervous and lawyer-less, Nathan Carman appeared in a New Hampshire courtroom Tuesday to fight for his right to remain silent in the face of questions from attorneys accusing him of murdering his mother and grandfather.
Carman’s aunts have filed a lawsuit aiming to block Nathan Carman from inheriting money from his grandfather because, they allege, he killed his grandfather and his mother.
John Chakolos, the family patriarch, was found shot to death in his bed in December of 2013. According to court documents, Nathan Carman was the last person to see him alive when the two had dinner together the night before.
Lawyers for his aunts claim Carman was the central suspect in the case and should provide documentation for the gun he owned, which they say matched the caliber of the one used to kill Chakolos.
“The police in the affidavit alleged that I purchased a firearm, but they did not produce any evidence,” Carman told Judge David King. “Connecticut has very harsh laws when it comes to firearms ... I have never claimed that [I lost that weapon].”
According to Dan Small, the aunts’ attorney, Carman had maintained he lost that gun and his announcement in court that he never lost it was news to the family.
The central issue in Tuesdays hearing was Carman’s response to a set of questions filed by his aunts’ attorneys. This case hinges on whether or not a civil court will decide there is enough evidence to believe Nathan Carman killed his grandfather and possibly his mother.
If it seems like there is enough evidence at trial, then Carman could be cut from his grandfather’s $44 million estate.
Three years after his grandfather’s murder, Nathan and his mother, Linda, went missing while out on a fishing trip near Block Island. Nathan was found about a week later drifting in a life raft and his mother is now presumed lost at sea.
According to his aunts’ lawsuit, Nathan should be held responsible for her disappearance.
“The allegation that Nathan Carman left his mother behind on a sinking boat ... even if you believe that, that’s not a crime ... and how does that relate to the allegation that I killed my grandfather?” Carman said in court.
This case was slated for a court appearance in May, but Judge King ordered a hearing Tuesday in response to his family’s ‘motion to compel.’ The family’s attorneys say Nathan has not provided sufficient answers to their questions in this case and they want the judge to order him to produce documents and responses to their questions.
The family is seeking documentation for the gun he owned, documentation for his membership or visits to any firing ranges to use it and any credit card or bank account data showing he purchased it.
In response to those requests, Carman has said he does not have that documentation and invoked the fifth amendment right to not respond to questions about the gun.
But this case is a civil case and not a criminal case. Unlike a criminal case, the judge can consider Nathan’s refusal to answer questions as incriminating, in what is called “adverse inference.”
“[The Fifth Amendment] would be an abuse of the privilege ... and an absurd waste of resources,” attorney Dan Small told Judge King.
Attorney Small maintains records could be produced pertaining to the gun, but to request them from police would take too much time and effort.
“It is inconceivable that Mr. Carman would not have access to the documents that we are requesting,” said Small.
But Judge King admitted it was possible Nathan used his grandfather’s credit card to purchase the gun and may not have access to the records for that account.
“You hit the nail on the head in suggesting that an account was in my grandfather’s name and I used that account,” Nathan said in court. “I don’t have those records.”
Carman maintained he does not have to answer questions in response to the documents his family is requesting because they haven’t produced evidence those documents exist – including his tax returns.
Carman defended himself in court after he recently parted ways with his second legal team since the beginning of this lawsuit.
Judge King took time at the beginning of the hearing to urge Nathan to seek legal counsel.
“I’m concerned that you’re here without counsel this morning. This is a serious case. It’s a murder case,” King said. “Even though you can’t go to jail as a result of what happens here, obviously the stakes are pretty high.”
Carman acknowledged the judges concerns and said he is uneasy appearing in his own defense, but said he is trying to sell his home in Vermont in order to pay for hiring a new legal team.
“It’s not so much the money or my freedom as it is my reputation ... and I’m concerned about protecting my future,” Carman said.
A few remaining questions pertain to an ongoing lawsuit in Rhode Island, where Nathan Carman is attempting to get his insurance company to cover the loss of his boat. The Chicken Pox sank with he and his mother aboard in September of 2016, according to Nathan.
There have been questions about alterations he made to the boat in the days leading up to that fishing trip.
However, Carman has avoided allowing anything from that case to be brought into this trial.
“My grandfather’s death is an event that occurred in December of 2013 and petitioners are asking about modifications that I made to my boat in 2016. Are we trying two murder cases here or one?” Carman asked.
Before ending the hearing Tuesday, Judge King again urged Nathan to seek legal representation before the next hearing.
King said he would take the hearing under advisement before issuing his ruling on the motion to compel.
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