Platt testified that the victim was "shaking," and that her "voice was filled with emotion," which shows that she remained upset by the physical altercation with the defendant. SeeMacDonald v. B.M.D. Golf Assocs., 148 N.H. 582, 585, 813 A.2d 488 (2002). The photographs further support the finding.
Scontsas v. Citizens Insurance Co., 109 N.H. 386, 388 (1969). Pre-trial discovery and the admissibility of evidence are generally within the discretion of the trial court, however, and we will uphold its rulings unless the exercise of its discretion is unsustainable. Petition of Haines, 148 N.H. 380, 381 (2002); MacDonald v. B.M.D. Golf Assocs., 148 N.H. 582, 584, 813 A.2d 488, 490 (2002). To meet this threshold, the defendant must demonstrate that the trial court's ruling was clearly untenable or unreasonable to the prejudice of its case.
"The timing of the statement is only a factor to be considered," however. MacDonald v. B.M.D. Golf Assocs., 148 N.H. 582, 585, 813 A.2d 488 (2002). More importantly, "there is no requirement that the crime be the startling event."
We review the trial court's rulings on admissibility of evidence for an unsustainable exercise of discretion, reversing only if the rulings are clearly untenable or unreasonable to the prejudice of the defendant's case. See MacDonald v. B.M.D. Golf Assocs., 148 N.H. 582, 584 (2002);cf. Lambert, 147 N.H. at 296.