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PARIS – Justice Roland Cole will hear arguments on several motions related to a double homicide case next month in Oxford County Superior Court.

A hearing in the case of Duane Christopher Waterman, 32, of Sumner, has been scheduled for 10 a.m. Wednesday, Jan. 14. Waterman has been charged with the shooting deaths of Timothy Mayberry, 50, of West Paris and Todd Smith, 43, of Paris at Mayberry’s home on July 25. Waterman has pleaded not guilty to the charges.

The scheduled hearing includes three motions to suppress, two motions for funds, and a motion for interim payment of a private investigator from defense attorney John Jenness Jr.

Cole has already approved an additional $2,500 for a private investigator as requested by Jenness in the motion for interim payment.

A motion for a change of venue, in which Jenness argues that Waterman will be unable to receive a fair trial in Oxford County due to pretrial publicity, is not scheduled for hearing.

The hearing will also look at motions from Assistant Attorney General Andrew Benson, prosecutor in the case. Benson has filed a motion to dismiss the motions to suppress as well as a motion for the release of Department of Health and Human Services records related to Waterman’s three children.

Cole will also consider a recent motion by Deputy Attorney General William Stokes for the release of financial records. Stokes is seeking information on a Bangor Savings Bank checking account belonging to Waterman and his wife from Jan. 1 to Aug. 31, 2008.

“The financial records of the defendant and his wife are relevant on the issue of motive and state of mind as tending to show the defendant and his wife had significant financial difficulties prior to and at the time of the murders,” Stokes states in his motion.

Jenness’ three motions to suppress cite evidence gathered in four police searches. Benson asked for the motions to be dismissed, saying Jenness did not state a legal claim for the suppression of evidence. Jenness later filed a memorandum arguing that there was not probable cause for searches on property belonging to Waterman as well as a search of a purse belonging to an unnamed person.

Jenness has also requested funds to compensate an independent, forensic firearms and ballistics expert as well as an expert in the evaluation of blood and sweat.

According to an affidavit by Detective Scott Gosselin of the Maine State Police, Waterman told police he owed Mayberry $1,500 to $1,800 for a drug deal in which a third party refused to pay. Gosselin states that Waterman and his family lived with Mayberry about a month prior to the murders, and that Mayberry evicted the family and accused Waterman of owing him about $4,000.

Bullets found at Waterman’s house were the same type and make as spent shell casings found at Mayberry’s residence, according to Gosselin. Police also found a handwritten note for the purchase of a handgun in a safe at Waterman’s residence.

Waterman’s trial is scheduled to begin in June.

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