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PORTLAND (AP) – The state’s highest court on Tuesday upheld the conviction of an Auburn man for fatally beating his 54-year-old neighbor and chess partner three years ago.

Robert Alley, 59, was convicted of manslaughter in 2001 for the death of Raymond Thibodeau, who died after suffering numerous blows to the head and body.

In his appeal to the Maine Supreme Judicial Court, Alley said the court erred by denying his request to suppress clothing and hairs police seized without a warrant during their investigation.

“We feel that what the police did at the outset of the investigation constitutes a violation of his constitutional rights,” said Alley’s attorney George Hess, adding he will petition the U.S. Supreme Court to hear the case.

The court denied the request based on a plain-view doctrine, which permits police to seize an object without a warrant if they can see it and determine it may be incriminating.

Police found Thibodeau’s body in Alley’s apartment after Alley called 911 to report that he woke up and found his neighbor dead on his floor. The two men had been drinking and playing chess the previous night.

Alley had started drinking early the night before with two friends. After the friends left, Thibodeau arrived at Alley’s apartment with three 40-ounce bottles of beer. Alley said he blacked out and did not remember what had happened.

During the trial, prosecutors told jurors about bloodstains on Alley’s sweat shirt and corduroys when they arrived at his apartment.

A jury in Androscoggin County Superior Court had the option of convicting Alley of murder or manslaughter.

After 15 hours of deliberations, jurors returned a conviction on the lesser charge. He was later sentenced to 14 years in prison.

AP-ES-01-20-04 1233EST


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