PARIS – A judge has denied two defense motions to suppress evidence in the shooting deaths of two men last summer.

Justice Roland Cole issued the order in the case of Duane Waterman, 33, of 30 Front St. in Sumner. Waterman has pleaded not guilty in the murders of 50-year-old Timothy Mayberry of West Paris and 43-year-old Todd Smith of Paris.

Cole ruled that evidence collected at two police searches on Waterman’s property, as well as any evidence collected from a cell phone seized from his wife’s purse, is admissible at trial.

Two warrants were issued to police shortly after the bodies of Mayberry and Smith were found on July 26. The warrants authorized a search of Waterman’s person, his residence, three vehicles and two trailers owned by him, and all outbuildings and exterior locations at 30 Front St.

Another warrant issued Aug. 6 authorized a search of a purse belonging to Waterman’s wife, which had been turned over to police by Waterman’s mother.

Police seized three long guns, two safes, two computers, ammunition, and other items from his property, as well as a cell phone, mirror and various financial records and notes from the purse.

Defense attorney John Jenness Jr. had asked the court to suppress evidence seized in two searches at 30 Front St., arguing that the warrants did not establish probable cause that evidence of the murders would be found at the residence. He also argued that the warrant for the search of the purse was based upon a note suggesting that Waterman owed a debt to Mayberry and did not extend to the records of the cell phone in the purse.

Assistant Attorney General Andrew Benson argued that police affidavits established that Waterman owed money to Mayberry, that he owned a gun consistent with shell casings found at the crime scene, and that Mayberry had said he was afraid Waterman would attack him.

Cole said witness statements collected by police were based on direct observations and conversations with Waterman or Mayberry, and that police were able to corroborate some of the information. He noted one witness statement that Mayberry had borrowed a shotgun from him after saying that he was afraid Waterman would attack him in his home.

Investigators found the shotgun inside Mayberry’s residence, where the two men were killed.

According to an affidavit by Detective Scott Gosselin of the Maine State Police, Waterman and his family had lived with Mayberry for a time prior to the murders, and several witnesses said Waterman owed Mayberry $4,000. Cole states that one witness said Mayberry had previously supplied Waterman with OxyContin and cocaine.

Cole said the affidavits established a “fair probability” that evidence related to the murders would be found at 30 Front St.

“As this case relates to an alleged deadly conflict over drugs and money, it seems reasonable and likely that the defendant would keep firearms, drug paraphernalia, and/or financial ledgers relating to drug distribution in areas he has direct control over,” Cole said.

Cole said it was “questionable” whether police had a right to search Waterman’s phone, but not a breach of justice. He said several federal cases regarding the legality of cell phone searches “support a finding that the defendants had a reasonable expectation of privacy,” but that Waterman did not provide any evidence that the phone belonged to him.

“It seems as if the defendant, without providing any additional information not contained in Detective Gosselin’s affidavits, believes that his privacy interest naturally flows from his unsupported allegation that he owns the phone and from the simple fact that the phone was found in his wife’s purse,” Cole said.

Waterman is scheduled to go to trial June 8.


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