PORTLAND – A defense attorney has filed several motions to suppress evidence gathered after a boating accident on Long Lake in Harrison last August killed two people.
Neale Duffett, a Portland lawyer representing 38-year-old Robert LaPointe, of Bridgton and Medway, Mass., states that law enforcement officers violated LaPointe’s constitutional rights in their actions following the incident.
LaPointe is charged with two counts of manslaughter, four counts of aggravated operating under the influence, and one count of reckless conduct with a dangerous weapon in the Aug. 11 crash that killed Terry Raye Trott, 55, of Naples, and Suzanne Groetzinger, 44, of Berwick.
Duffett has filed five motions to suppress as well as a motion to access the two boats involved in the accident. The motions, filed in Cumberland County Superior Court, seek to suppress evidence gathered as a result of a search and blood test on LaPointe, the search and seizure of LaPointe’s boat, the detention of LaPointe after the crash, and statements made to law enforcement officers.
One motion charges that officers did not respect LaPointe’s Miranda rights or honor his right to counsel. It also charges that police illegally made promises to LaPointe in order to secure a statement.
Another motion asserts that the defense needs “reasonable access” to the two boats involved in the collision in order to prepare its case.
“It’s a standard thing,” said Duffett. “If it was a vehicle crash, we’d ask to see the cars.”
Duffett said he was unable to comment on the details of the police interaction with LaPointe following the accident. He said the motion referring to a search on LaPointe’s person relates to the blood test.
Duffett said the motions will be reviewed by a judge before they are heard.
“It’s usually a meeting in his office, with both sides discussing the merits of the motions,” he said.
Cumberland County District Attorney Stephanie Anderson was not available for comment Tuesday.
LaPointe was the driver of a 34-foot twin-engine Sunsation Dominator speedboat, which investigators say was operating after dark at about 45 miles an hour on Long Lake when it struck Trott’s 14-foot motorboat in the middle of the lake. LaPointe and his passenger, 19-year-old Nicole Randall of Bridgton, were thrown from the craft but were able to swim to shore.
The smaller boat was cut in half in the collision, and LaPointe’s boat ran aground about 130 feet into the woods on the east shore of the lake near the Naples town line.
Anderson has said that LaPointe was taken to a local hospital for a blood test about two and a half hours after the crash, in accordance with state law. His blood alcohol level registered at .11 percent, above the state’s legal limit of .08 percent. Anderson has also said that LaPointe asked a nurse at the hospital to substitute her own blood for the sample.
LaPointe pleaded not guilty to the charges on Nov. 27.
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