State: Search of purse and phone legit

0 Comments | Sun Journal; Lewiston, Me., Jan 29, 2009 | by M. Dirk Langeveld

PARIS – Assistant Attorney General Andrew Benson said police did not violate the rights of murder suspect Christopher Duane Waterman when they searched a purse belonging to his wife in the course of their investigation.

A cell phone in the purse was seized as possible evidence. Benson filed a memo recently in Oxford County Superior Court opposing an earlier defense motion asking that the evidence be withheld from trial.

Benson said the search was justified as they worked to determine who killed Timothy Mayberry, 50, of West Paris and Todd Smith, 43, of Paris at Mayberry’s home last July.

Waterman, 32, of Sumner has been charged with killing both men.

Earlier, defense lawyer John Jenness Jr. said police did not have a right to search a prepaid cell phone found in the purse.

Benson argued in a motion filed Monday that Jenness failed to prove that the phone belonged to Waterman and that police were authorized to search cell phones and their contents to find evidence of any relationship between Waterman and Mayberry.