PARIS – The lawyer defending a man accused of killing two people in July has filed several motions in the case, three of which seek to suppress evidence seized by police.

Duane C. Waterman, 32, of Sumner, has been indicted on two counts of murder in the deaths of Timothy Mayberry, 50, of West Paris, and Todd Smith, 43, of Paris. The men were shot to death at Mayberry’s home on Tuelltown Road on July 25.

Waterman has pleaded not guilty to the charges.

Lawyer John Jenness Jr. filed three motions to suppress evidence seized by Maine State Police during searches on Waterman’s property. He argues that the searches at three places, and one object seized, were illegal and the warrants were not issued based on probable cause that evidence would be found against Waterman.

Jenness had no comment when contacted on Thursday afternoon.

Police searched Waterman’s home at 30 Front St. in Sumner for four days as part of their investigation into the deaths of Mayberry and Smith. According to an affidavit by State Police Detective Scott Gosselin, investigators accessed a safe belonging to Waterman and seized two handwritten receipts for the sale of a handgun.

Investigators also found unspent .380-caliber bullets at the home that were made by the same manufacturer as spent .380-caliber shell casings found at Mayberry’s residence.

Jenness also motioned for authorization to compensate a firearms and ballistics expert to perform an independent forensic test in order to determine the validity of the findings of the state’s expert witness.

He has also motioned for the authorization to pay a serology expert on the same grounds, stating that the prosecution “has analyzed evidence for the existence of serological matching with the defendant.”

Cornel Plebani, assistant professor of criminal justice at Husson University in Bangor, said serology analyzes any type of serum, including blood and sweat. Investigators will determine whether a collected sample is human, and may also be able to determine the blood type and DNA profile.

“It’s never in and of itself a smoking gun,” Plebani said.

He added that investigators may use serological evidence in comparison testing of suspects, and may be used in conjunction with other pieces of evidence during a trial.

According to Gosselin’s report, Waterman and his family lived with Mayberry for a time prior to the murders before Mayberry evicted them. Waterman told police that Mayberry supplied him with Oxycontin pills, and that he owed Mayberry $1,500 to $1,800 over a drug deal in which a third party refused to pay.

Justice Roland Cole approved Jenness’ request for a transcript of testimonies before the August grand jury, which indicted Waterman on the murder charges. Cole has not made a decision on Jenness’ motion for a change of venue for Waterman’s trial, which is tentatively scheduled for June.


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