PARIS — A judge will make a decision on whether certain evidence in a Fryeburg manslaughter case can be dismissed, after he heard testimony Friday at the Oxford County Superior Court.

Two witnesses were questioned by defense attorney Edward Dilworth and Assistant District Attorney Joe O’Connor. Dilworth represents 18-year-old Tiffeny Hamlyn of Brownfield, who has been indicted on charges of manslaughter, aggravated criminal operating under the influence and leaving the scene of an accident.

Hamlyn is charged with hitting 23-year-old Tiffany Hamilton of Fryeburg with her 2000 Jeep Cherokee as Hamilton was walking along Route 113 in Fryeburg on the evening of March 26. Hamilton died of her injuries the next day.

Hamlyn told police that she took her eyes off the road to adjust the radio and heard a noise, but thought she had hit a pothole or mailbox. She said she became frightened when she heard about a hit-and-run accident on a scanner at her residence, drank some vodka and went to bed. Hamlyn’s blood-alcohol level registered at .17 percent, above the legal limit of .08 percent, when she was tested at the jail four hours after the accident.

Dilworth had asked that evidence gathered from searches of Hamlyn’s home and Jeep be suppressed, saying there was no probable cause that Hamlyn had committed a crime. He also said the Fryeburg Police Department was operating outside its coverage area when they arrested Hamlyn at her home on Shepherds River Road in Brownfield.

Officer Michael Hall of the Fryeburg Police Department testified that he found vehicle debris near Hamilton, including a mirror and pieces of a front fender and headlight. He said he was advised by a dispatcher that an anonymous tip had said Hamlyn had hit Hamilton and would be turning herself in at the police station in 15 minutes. Hall said he waited 45 minutes for Hamlyn to arrive before going to her home with two deputies from the Oxford County Sheriff’s Office, which patrols Brownfield.

Hall said damage to the Jeep consistent with the debris found at the accident site was visible as police entered the driveway. He also said he had  seen Hamlyn driving the vehicle from past traffic stops. He said he was invited into the residence by Hamlyn’s stepfather, Paul Prouty, and arrested Hamlyn.

Under cross-examination by Dilworth, Hall said he did not specifically ask permission from Prouty to enter the house or from Hamlyn to enter her room. He said he did not ask for permission from the deputies to operate in Brownfield, but advised them of what he was going to do.

Hall also said he was never specifically denied access to the residence or room.

“I thought I made my presence there known, and the reason I was there, and no one objected,” he said.

Prouty also took the stand, and said he was “overwhelmed” to see the officers at the door, and they entered after he took a step back. He said the police asked if Hamlyn was at home, and he told them she was in her bedroom and might be sleeping.

Prouty said he did not give permission for the officers to enter the residence. He also denied that the damage to the Jeep would have been plainly visible.

O’Connor said there was “ample probable cause” to determine that Hamlyn had committed a crime, including Hall’s prior contact with her and his observations of the damage to the Jeep being consistent with the debris he found at the accident site. He also said Prouty gave implied consent for the police to enter the residence.

Dilworth said police were operating off an anonymous call of unverified credibility and did not have the authority to enter Hamlyn’s property. He said any evidence related to Hamlyn’s arrest, including a statement given to police and the blood-alcohol test, should be suppressed.

Justice William Brodrick said he would take the matter under consideration and issue a written ruling.

mlangeveld@sunjournal.com

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