By Maria Wilson

MANCHESTER, New Hampshire (WESH) -- The commissioner of the New Hampshire Department of Corrections stepped down on the same day that a motion was filed accusing her of destroying notes related to an inmate's death, News 9 has learned.

Former corrections officer Matthew Millar is set to go on trial in a few weeks on a second-degree murder charge in connection with the 2023 death of Jason Rothe, a patient in the secure psychiatric unit at the state prison.

Millar's defense team is claiming that former Commissioner Helen Hanks destroyed evidence that was part of the investigation. According to a motion filed Monday, Hanks said she likely took notes, which she later destroyed.

Hanks abruptly resigned from her position as commissioner that same day.

Hanks told News 9 that she did not destroy evidence. Instead, she said, she got rid of personal notes she took during those meetings and filed final letters based on those meetings.

According to court records, six corrections officers were trying to restrain Rothe on April 29, 2023. Millar was allegedly one of those officers. He's accused of pressing his knee into Rothe's back and upper neck for several minutes while Rothe was handcuffed, resulting in his death.

Court records also show that Millar's attorneys are looking to dismiss the matter after they said the state delayed getting evidence to them.

"Any matter related to that I'd refer to the Attorney General's Office," said Gov. Kelly Ayotte.

A judge has ordered a hearing on a motion to depose Hanks, who said she is planning on fully cooperating with the investigation.

The New Hampshire Attorney General's Office said it is not investigating Hanks in connection to the inmate murder case.

News 9 reached out to Millar's lawyers but has not heard back.

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