The motion argues that Gallant didn’t waive his Miranda rights before speaking to police.
By Lisa Chmelecki
Staff writer

AUBURN – A man accused of murdering his girlfriend wants the court to suppress statements he made to police on the night of his arrest.

Francois “Frank” Gallant, 53, was charged in late January with murdering his girlfriend, Cherrie Ann Andrews, during an argument in their Park Street apartment.

Gallant allegedly told police that he and Andrews started arguing on the night of Jan. 24 after drinking and popping prescription pills. He said he tried to walk away from her, but she followed him into the bedroom and told him that she was going to have him arrested.

According to a police affidavit filed in court, Gallant told detectives that he put a pillow over Andrews’ face because he was afraid neighbors would hear her and call police.

He allegedly told police that Andrews started screaming again when he removed the pillow, so he grabbed for the towel and wrapped it around her neck until she stopped screaming.

Now, Gallant’s lawyer, James Howaniec, wants these and other statements discarded. He argues in his motion that Gallant didn’t waive his Miranda rights before speaking to police.

A hearing on the motion has been scheduled for April 29 in Androscoggin County Superior Court.

Howaniec also filed a motion asking for $3,000 to $6,000 to hire two psychologists. A judge agreed to give him $1,500 and another $1,000 for a private investigator.

“There is evidence of a substantial and severe history of mental illness in the defendant’s background,” Howaniec wrote.

Gallant’s friends have said that he was diagnosed with bipolar disorder, but he couldn’t afford the medicine to treat it.

He is being held in Androscoggin County Jail without bail. If convicted of murder, he faces spending the rest of his life in prison.

lchmelecki@sunjournal.com