PARIS – The state has requested the dismissal of three motions to suppress evidence filed in the case of a Sumner man accused of two slayings.
Duane Christopher Waterman, 32, is charged with murder in the shooting and killing 50-year-old Timothy Mayberry of West Paris and 43-year-old Todd Smith of Paris at Mayberry’s Tuelltown Road in West Paris home in July 25. Waterman has pleaded not guilty to the charges.
Assistant Attorney General Andrew Benson said Waterman’s lawyer, John Jenness Jr., did not specify a legal basis in his three motions to suppress evidence seized by police searches after the murders.
“He needs to set forth both facts and law so that I can prepare a response,” said Benson on Monday.
Jenness is seeking to suppress evidence gathered in four searches conducted by police. He states that police requests for search warrants did not provide probable cause that three places and one object owned by Waterman and searched by police would have evidence against him.
Benson said he did not know which evidence Jenness is referring to in the motions.
“Almost every one is referring to a search of the defendant’s home,” Benson said.
Jenness had no comment when contacted on Monday.
Police searched Waterman’s home at 30 Front St. in Sumner for four days as part of their investigation into the murders. According to an affidavit by Detective Scott Gosselin of the Maine State Police, evidence seized included handwritten receipts for a firearm purchase from a safe and unspent .380-caliber bullets matching the manufacture of .380-caliber bullets found at Mayberry’s home.
The affidavit also states that Waterman and his family were living with Mayberry for a time prior to the murders. Waterman told police that Mayberry supplied him with OxyContin, and that he owed Mayberry $1,500 to $1,800 for a drug deal in which a third party refused to pay.
Benson said Jenness can amend the motion to expand upon his argument. Benson said the motions are set for hearing on Jan. 6.
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