A pretrial hearing on a motion to suppress will be continued following an afternoon of testimony in an alleged drunken-driving case involving an accident that killed a bicyclist in Waldoboro last November.
Jeffrey R. Moran, 28, of Washington, represented by his attorney, Philip Cohen, argued and presented evidence in support of his motion to suppress evidence during a hearing in Lincoln County Superior Court in Wiscasset on Thursday, Oct. 29.
Moran is seeking to suppress statements to Maine State Police with Cohen holding the defendant did not voluntarily, knowingly, or intelligently waive his Miranda rights during an interview with law enforcement in February not pertaining to the present case. If the judge approves the motion, those statements would be inadmissible at trial. The statements in question were not detailed in court.
Miranda rights refer to the legal requirement of law enforcement officers to inform a person under arrest of their rights, including the right to an attorney and the right to remain silent.
Cohen said the defendant exercised his Miranda rights on the night of his arrest in November 2014 and expressed frustration that state police would interview the defendant in February without counsel present.
Moran is also seeking to suppress a blood sample obtained by emergency medical workers at the scene on the night of Nov. 22, 2014, in addition to the results of an Intoxilyzer test taken later that night at the Waldoboro Police Department, with Cohen holding probable cause for the tests did not exist and the defendant did not consent to the taking of the sample.
Moran was operating a 1999 GMC Yukon on Feyler’s Corner Road in Waldoboro the evening of Nov. 22, 2014, when he allegedly struck his friend, Jessie Hayden, of Waldoboro, who was riding a bicycle on the roadway, according to a press release from the Waldoboro Police Department.
According to the press release, Hayden lived near the location of the collision and Moran was headed to pick him up at the time of the accident.
Hayden was pronounced dead at the scene by Waldoboro emergency responders.
Moran was indicted by grand jury on March 11 on one count of criminal operating under the influence, a class B felony.
In his opening remarks, District Attorney Geoffrey Rushlau said the defendant was not read his Miranda rights during the February interview with Maine State Police, but the defendant was not restrained or under any duress at the time of the interview pertaining to an investigation separate from the OUI charge.
“It is clear he was not read Miranda. However, he was not in custody, he was in his own home and not restrained in any way at all; therefore, the standard for custody is simply not present,” Rushlau said.
Moran was being interviewed by Maine State Troopers James Moore and Christopher Rogers in February as part of an investigation into the theft of a large number of inspection stickers from Sullivan Tire in Damariscotta.
Moran was allegedly in possession of one or more of the stolen inspection stickers and was contacted by state police as part of their investigation after the case’s primary suspect denied involvement in the theft.
“I never had any intentions to summons (Moran), arrest him, or charge him. I was simply interviewing him as a witness for the larger case I was working,” Rogers said.
During cross-examination, Cohen asked Rogers if he told Moran that having the sticker on his vehicle was a violation of his bail for the alleged OUI on Nov. 22, 2015.
“What would your purpose be if you are only there investigating the offense of the man who allegedly stole the inspection stickers, to then tell my client you know that just having that inspection sticker on your vehicle is a violation of your bail?” Cohen said.
Rogers said he was not trying to scare the defendant, but to maintain his cooperation with the investigation into the theft of registration stickers.
In regards to the defense’s second motion, Rushlau said there is an implied consent statute under Maine law. He also said the prosecution had evidence that Moran consented to the blood test on the night of the accident.
“Under the law there is an implied consent statute that triggers a requirement a person submit to a blood sample. However, in this case there is going to be evidence that shows the defendant actually consented to the drawing of his blood,” Rushlau said.
Under Maine statute, individuals are subject to a mandatory test if there is probable cause to believe a person has operated a motor vehicle under the influence of intoxicants.
Rushlau also held probable cause was present to conduct an Intoxilyzer test at the police station.
Superior Court Justice Daniel Billings presided over the hearing.
At the conclusion of the afternoon’s testimony, Billings decided to leave the hearing open, with the court reserving judgment on the matters until the hearing resumes and the defense has a chance to review information it had not previously seen. Cohen will also have an opportunity to recall witnesses or introduce new witnesses pertinent to the new information.
Billings said the court will continue the hearing and bring it to a conclusion with time for him to make a decision prior to the start of the trial.
The case is currently on the February trial list.
Waldoboro Paramedic Mike Poli, Maine State Troopers Moore and Rogers, Waldoboro Police Officer Thomas Bartunek, Waldoboro Police Chief William Labombarde, Waldoboro Police Sgt. Jamie Wilson, and Waldoboro Emergency Medical Technician Derek Booker testified during the hearing.
Bartunek administered a field sobriety test to Moran, Booker took a blood sample to test for the presence of alcohol or drugs, and a later breath test showed Moran had a breath alcohol content of 0.09 percent, according to an affidavit.
Moran was arrested and later released on $10,000 bail.
If convicted, Moran could face up to 10 years in prison and a $20,000 fine per the Maine Criminal Code.