FARMINGTON – An attorney for a Biddeford man accused of possessing sexually explicit material of a minor under 12 wants evidence handed over to police and a statement made by his client to be suppressed.

Michael Cunniff said his client, Keith R. Nadeau, was faced with two uniformed, armed police officers who came to his dormitory room on Dec. 4, 2007. They had knocked on the door and asked to be let in.

Nadeau, 20, who was 18 at the time, let them in and then was told by police that they have a written complaint filed against him.

Nadeau would eventually type out a statement of why he had the child pornography and hand over his flash drive and computer to police, though he was told he was not under arrest.

Cunniff said police had a plan before they went to Nadeau’s University of Maine at Farmington dormitory room at Lockwood Hall. He also said his client did not consent to a search of his property and police seized the evidence without a search warrant and recorded statements without an attorney present.

UMF police officer John Irving said that there was no plan when he and another officer, Dean Hart, went to Nadeau’s room. They went to tell him they had a complaint that was received from a fellow student.

Irving said Nadeau voluntarily spoke to police and voluntarily handed over the laptop computer and flash drive, where the pornography was stored.

Nadeau is heard becoming increasingly distraught, sobbing at times, during the police-recorded conversation. He is heard objecting to police taking his computer because he would not be able to do required school work. Once he is told that he’ll get his computer back, he sounds calmer.

Assistant District Attorney Andrew Robinson played a recording of the conversation about 13 minutes long on Feb. 4 in Franklin County Superior Court. It covers from the time UMF officers, Hart and Irving, knocked on the door of Room 217 to when they left with the evidence and typed statement. There is a break in the recording that Irving said happened when Hart and he stepped outside the room to go over UMF Police Chief Ted Blais’ instructions.

Only one witness, Irving, was able to take the stand last week before the court closed for the day. The hearing will continue at 10 a.m. Tuesday, Feb. 17, with several witnesses still to be heard.

Irving testified that a UMF representative contacted him about a complaint from a student about child pornography Nadeau had shared with him.

According to Hart’s recording, he told Nadeau, “We have had a complaint that you are in possession of child pornography.”

“No. I’m not,” Nadeau said.

Nadeau is told that if he is in possession of pornography it would be better for him if he cooperated.

Nadeau eventually tells police he does have pornography but only of older teenagers.

“I would never hurt a child in any way,” Nadeau said.

He is also told the information would be going to the District Attorney’s Office for review and that he was not under arrest at that time.

“If we leave, will you do anything to hurt yourself? Hart asked Nadeau.

“No,” Nadeau said.

Officers are also heard encouraging Nadeau to call his parents to let them know what is going on. At one point, Hart said again Nadeau wasn’t under arrest and he didn’t have a Miranda card to read to him but whatever Nadeau said could be used against him.

Nadeau is heard asking what he should put in his statement. It is suggested he tell where he found the pornography, how he found it and if he showed it to anyone else.