PARIS – The Attorney General’s Office has reaffirmed its opposition to three defense motions to suppress evidence in a double homicide case in West Paris.

Duane C. Waterman, 32, of Sumner is accused of shooting Timothy Mayberry, 50, of West Paris and Todd Smith, 43, of Paris at Mayberry’s residence on Tuelltown Road in July. Waterman has pleaded not guilty to the charges.

Assistant Attorney General Andrew Benson previously asked a judge to dismiss defense attorney John Jenness Jr.’s motions to suppress evidence gathered in four police searches. The motions “solely consisted of boilerplate language,” Benson said.

Jenness later filed a clarification of the motions, arguing there was no probable cause that evidence of the crimes would be found during three searches of Waterman’s property at 30 Front St. in Sumner and one search of a purse belonging to Waterman’s wife. Jenness also argued that the searches began on July 26, prior to the warrants being issued.

In a memorandum in opposition to Jenness’ motions, Benson stated that the inventory of items seized incorrectly suggests that the searches began on July 26, the same day the bodies of Mayberry and Smith were discovered. Benson stated that the searches at Waterman’s property did not begin until July 29, after warrants were issued on July 28 and 29.

Benson argued that the affidavits supporting the searches are “identical in every respect,” and the only major difference among them is a warrant that expanded the search to include outbuildings and vehicles. Benson states that the police affidavits suggest that Waterman was in debt to Mayberry, owned a gun consistent with shell casings found at Mayberry’s home, and that Mayberry was afraid that Waterman would attack him.

Another search warrant was issued on Aug. 5, the day after Waterman was arrested, after a neighbor reported seeing him carry a “nondescript item” out his house. No evidence was seized during that search, and Benson and Jenness agree in their memorandums that the motion to suppress the warrant is likely moot.

The last search warrant, issued on Aug. 6, authorized the search of Waterman’s wife’s purse. Waterman’s mother turned the purse over to police after seeing a 2008 planner inside with the note “$3,000 Tim owed, 140.00/$2,860.00.” Benson argues that evidence that is voluntarily turned over to police is admissible in court, and that the search of his wife’s property did not violate Waterman’s own constitutional rights.

The warrants, included with Benson’s memorandum, authorized police to search for evidence related to the case, including firearms, vehicle tread patterns and sharp instruments that could be used to cut phone wires.

In addition to Waterman’s home, police searched three vehicles, two trailers, outbuildings, and outdoor property at 30 Front St. The materials seized included three long guns, ammunition, two safes, and two computers from the house, as well as a knife, bolt cutter and firearm from one of the vehicles.

Police also took various financial records and notes, including an address book, from the purse, along with a mirror and prepaid cell phone.

According to an affidavit by Detective Scott Gosselin of the Maine State Police, Waterman and his family lived at Mayberry’s home for a time prior to the shooting deaths. Waterman told police that Mayberry supplied him with OxyContin 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 states that .380-caliber unspent rounds found at Mayberry’s home matched the manufacture of spent .380-caliber rounds found at the crime scene.

A hearing on the motions to suppress and several other motions from the state and defense is scheduled for Wednesday. A trial is tentatively scheduled to begin in June.