Peter Simonds, the former Great Salt Bay Community School teacher indicted on 22 counts of Unlawful Sexual Contact and Unlawful Sexual Touching, testified in Lincoln County Superior Court Nov. 18 during a motion hearing.
Simonds took the stand during the second day of a pre-trial Motion to Suppress hearing, the defense’s attempt to suppress several key pieces of evidence.
The evidence in question includes a 49-minute audio recording of Simonds’ March 18 interview with Damariscotta Police Chief Steve Drake; his written statement; a photocopy of a yearbook page in which Simonds circled photographs of three alleged victims; and, comments he made to his wife, Diane Simonds, a kindergarten teacher at Great Salt Bay, in the presence of law enforcement officials.
In the recording, the written statement and in comments to Diane Simonds, Peter Simonds explicitly admitted to inappropriate contact with three students in his fourth grade classroom.
The continuation of the pre-trial hearing began with defense attorney Rick Morse’s cross-examination of Drake. Morse frequently quoted from a transcript of the audio recording of the Drake-Simonds interview.
Lincoln County District Attorney Geoff Rushlau’s office declined to provide The Lincoln County News with a copy of the document.
According to Morse, Simonds, after realizing the purpose of the interview, told Drake he was “scared out of [his] mind” and asked Drake to “explain what’s going on.”
“He was indicating confusion and he was somewhat disoriented,” Morse said.
“That’s not uncommon,” Drake said.
Near the March interview’s conclusion, but before Simonds wrote the statement, Simonds, according to Morse, said, “I have to leave. I need my jacket.”
Drake had already told Simonds not to return to GSB, or contact the alleged victims. “With your own testimony, you were telling him he wasn’t free to go to his classroom,” Morse said.
“Not to his classroom,” Drake said, but Drake maintained Simonds was free to leave at any time during the interview.
After cross-examination, prosecutor Assistant District Attorney Andrew Wright, asked Drake what was the first thing he said to Simonds. “I told him, ‘You’re not under arrest,'” Drake said.
Wright asked for an indication Simonds understood. “He’s nodding, kind of agreeing,” Drake said. Drake said he “probably” told Simonds he was free to leave three times during the course of the interview.
“How well do you remember him nodding?” Wright asked.
“Very well,” Drake said. “You’re concentrating so hard it just sticks.”
Damariscotta Police Detective Richard Alexander followed Drake on the stand supported Drakes testimony. “[Simonds] was just nodding at Chief Drake,” Alexander said.
After the interview, Alexander and Simonds were alone in the office and “[Simonds] said, ‘I don’t know what to write,'” Alexander said. “I told him to be honest and, you know, it wouldn’t be a bad idea to say you’re sorry.”
Alexander also answered questions about the exchange between Peter and Diane Simonds upon her entrance to the office.
“[Peter Simonds] walked over to [Diane Simonds], put his arms around her and said, ‘Oh, my God, Diane, I’m sorry. Oh, my God,'” Alexander said.
Diane Simonds did not initially accept Simonds’ statement, but he firmly reiterated his admission. “‘You don’t understand. You’re not listening. I touched the children.’ He grabbed his crotch,” Alexander said, recounting the conversation.
Diane Simonds was the first witness called by the defense.
“I remember saying, ‘This is ridiculous,'” she said. “It didn’t make any sense to me. Mr. Drake thrust the [statement] at me and said, ‘Read this.'”
On cross-examination, Diane Simonds was asked about her husband’s initial words to her upon her arrival in the office. Though unable to recall, “word for word, he said that he had been accused of inappropriately touching girls,” she said. When recalling asking him where the girls were touched, Diane Simonds said her husband indicated the chest and legs.
Upon further questioning, Diane Simonds said her husband did not say he “had been accused…” but instead said he “had done something wrong.” Diane Simonds said she pushed for legal and union representation for her husband, and said Drake “emotionally abused” him with the manner in which he conducted the interview.
Peter Simonds took the stand as the final witness.
“Were you aware that you were free to leave?” Morse asked.
“No,” Peter Simonds said. He said he asked to get a drink of water but was not allowed to do so. Instead, Alexander brought him water.
Simonds also testified about Drake’s interrogation tactics.
About 10 minutes into the interview, “[Drake] got right up in my face,” Simonds said. “He pulled the chair up next to me. His knee was in between my two knees. His face was 12 inches from my face. I was uncomfortable and said such.”
When asked why he didn’t get up and walk away, Simonds said, “He was the chief of police,” Simonds said. “He was in charge.” To his request for water, “[Drake’s] first response was, ‘No!’ That was very upsetting,” Simonds said.
In his cross-examination, Wright asked the defendant about his education. Simonds attended the University of Massachusetts at Amherst and Boston and holds a bachelor’s degree in history. In 1997, he returned to school, receiving his teacher certification from the University of New England.
“You’re very familiar with the Bill of Rights,” Wright said, referring to the first 10 Amendments to the Constitution, ratified in 1791. The Bill of Rights enumerates the right of an individual to the “due process of law” and the “Assistance of Counsel,” among other rights pertaining to criminal investigations.
“I don’t think I am. Maybe I should be,” Simonds said.
Wright asked if Simonds knew the First, and Second Amendments. “No,” Simonds said to the Bill of Rights questions.
Simonds was also questioned about his ability to end the March 18 interview and leave. “Did you ask, ‘Can I leave?'” Wright asked. “No,” Simonds said. Wright then asked if Chief Drake had informed Simonds he could leave the interview. “Yes,” Simonds said, but reiterated he was not allowed to get a drink of water.
Referring to any conversations between Alexander and Simonds, Simonds was asked if Alexander questioned him or was told to write what “you did to these girls?” “No,” Peter Simonds said.
Reading from portions of Simonds’ written admission, Wright asked if the statement was accurate.
“It’s a difficult thing to answer – to say ‘yes’ or ‘no’ to it without some explanation of how,” Peter Simonds said initially.
After repeated relevance and accuracy objections from the defense, and after a brief recess, Wright asked again if Simonds’ admission was true. “No,” Peter Simonds said.
When presented with a copy of his admission, Simonds was asked to notate and cross out any inaccuracies, returning the document to Morse.
Simonds answered “no” when asked if Chief Drake requested he write any of the statement specifically.
Wright asked, “Were you tied down to your chair?” “Figuratively, not literally,” Peter Simonds said. When asked directly what made him “write this down?” Simonds said, “Chief Drake told me to,” he said. When Simonds was asked if Drake told him to lie, Simonds said, “No.”
Referring to the exchange between Peter and Diane Simonds on March 18, Wright asked, “Did you tell your wife that you touched [the alleged victims] on the breast and on the groin?”
Peter Simonds said he put his hand on his chest and legs, supporting Diane Simonds’ earlier testimony but not the testimony of Alexander and Boston, who both said Peter Simonds grabbed his crotch.
“Could you have said, ‘I’ve been accused of these things?'” Wright asked later.
“I could have said many things,” Peter Simonds said.
At 4 p.m., after three hours of testimony, Judge Horton and the attorneys agreed to continue the hearing on Dec. 3 at 1 p.m. The attorneys will make closing arguments at that time.