John Forces was convicted of aggravated sexual assault. At his trial, the judge let in the following exchange that occurred after a grand jury indicted Forbes for sexual assault of a minor, K.S.:

"Wanda Roberts, [the defendant's daughter] testified that... she and the defendant's sister, Hazel Kelley, had a discussion about KS' allegations while the defendant was 'sitting there.' During that conversation, Kelley told Roberts that the defendant was 'not going to plead guilty to something he didn't do.' Roberts responded by stating: 'I can't say for sure that it happened. I wasn't there. I don't know. But in my point of view, I do believe [KS]....' Roberts testified that, when she said that, the defendant 'just sat there' and remained silent."

On appeal to the New Hampshire Supreme Court, "the defendant contends that the trail court erred in concluding that his silence amounted to an adoptive admission of Roberts' statement.

How should the appellate court rule?