3 min read

PARIS – The defense lawyer for a man accused of murdering two people in July has clarified three motions to suppress evidence gathered in police searches.

John Jenness Jr. filed the motions last month, stating that the four search warrants were not based upon probable cause that evidence would be found against 32-year-old Duane Christopher Waterman at his 30 Front St. home in Sumner.

Waterman was indicted in the shooting deaths of Timothy Mayberry, 50, of West Paris and Todd Smith, 43, of Paris. The two men were killed at Mayberry’s home on Tuelltown Road in West Paris on July 25.

Waterman has pleaded not guilty to the charges.

Assistant Attorney General Andrew Benson asked that the motions be dismissed, stating that Jenness did not state a legal claim for suppression. Jenness filed a three-page memorandum with the Oxford County Superior Court in opposition to the state’s motion.

In the memorandum, Jenness states that two “virtually identical” search warrants were issued for Waterman’s residence on July 28 and July 29, with the second warrant allowing the search of five additional locations, buildings and vehicles on the property.

Jenness states that the warrants failed to establish a probable cause that Waterman would be charged with “any crime other than possibly the crime of possession of a firearm by a felon” or that any of the property police wanted to seize would be evidence of murder or found at Waterman’s residence. Jenness also argues that the inventory shows that the search began prior to the issuance of the warrants on July 26, when the bodies of Mayberry and Smith were discovered.

Jenness states that another search warrant was issued for Waterman’s home after a witness told police that they saw Waterman carry a “nondescript item” to the rear of the premises four days after the deaths. The warrant was issued Aug. 5, one day after Waterman was arrested.

Jenness argues that the warrant fails to give probable cause that the search would find any new evidence not found in prior searches. However, he also states that no evidence was seized from the search and that he will likely withdraw the motion if the state does not introduce any evidence related to it.

In the final explanation of the memorandum, Jenness states that police were issued a search warrant for a purse after a witness saw a note of debt obligation between “Tim” and another person. Jenness states that there was not probable cause that the purse would contain evidence related to the slayings.

According to an affidavit by Detective Scott Gosselin of the Maine State Police, Waterman and his family lived with Mayberry at his residence for a time prior to the murders. Waterman told police that Mayberry supplied him with OxyContin for a back problem, and that he owed Mayberry between $1,500 to $1,800 over a drug deal in which a third party refused to pay.

Gosselin states that unspent .380-caliber rounds found at Waterman’s home matched the manufacture of .380-caliber bullets found at Mayberry’s residence, and that police also found a handwritten note for the purchase of a handgun in a safe in Waterman’s home.

A hearing on the motions is scheduled for January. A trial is tentatively scheduled for June.

Comments are no longer available on this story