PARIS – The state prosecutor in a double slaying case has asked a judge to release records from the Department of Health and Human Services.

Assistant Attorney General Andrew Benson filed a motion for the release of DHHS Office of Child and Family Services records related to the three children of 32-year-old Duane Christopher Waterman of Sumner.

Benson believes the records contain information related to the shooting deaths of Timothy Mayberry, 50, of West Paris and Todd Smith, 43, of Paris, on July 25. Waterman has pleaded not guilty to the charges.

The release would allow a representative from DHHS to identify portions of the records that may be irrelevant to the case or sensitive in nature. The order also states that the records would remain confidential.

In a related matter, Justice Roland Cole approved a request by defense lawyer John Jenness Jr. for an additional $2,500 in compensation for a private investigator. Cole had previously approved a $2,000 compensation on Sept. 3.

In a letter to Jenness, private investigator Richard Cook said he had reviewed 247 pages of pretrial information and expected to review an additional 1,000 pages.

According to an affidavit by Detective Scott Gosselin of the Maine State Police, Waterman and his family had previously lived at Mayberry’s residence on Tuelltown Road, where the slayings took place. Waterman told police he had purchased OxyContin from Mayberry for a back problem, and that he owed Mayberry $1,500 to $1,800 over a drug deal in which a third party refused to pay.

Gosselin said unspent .380-caliber rounds found at Waterman’s house matched the manufacture of .380-caliber bullets found at Mayberry’s residence. Police said they found a handwritten note for the purchase of a handgun in a safe in Waterman’s home in Sumner.

A hearing on motions in the case is scheduled for January. A trial is tentatively scheduled to begin in June.


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