The defense attorney for Peter Simonds, the former Great Salt Bay Community School teacher indicted on 22 counts of Unlawful Sexual Contact and Unlawful Sexual Touching, has filed a motion to suppress Simonds’ written statement and other key evidence.
During a Nov. 4 hearing in Lincoln County Superior Court, Rick Morse, Simonds’ defense attorney, argued that Simonds, although not under arrest, was not allowed to leave a March 18 interview with Chief Steven Drake and Detective Richard Alexander of the Damariscotta Police Dept.
Morse was critical of Drake’s interrogation technique, calling it “very aggressive.”
Morse also filed a motion to sever. “We’re asking for seven trials,” Morse said – a separate trial for each alleged victim named in the indictments.
“There is not a common thread that runs between these seven girls,” Morse said. Morse argued that one trial for all the counts would result in an “appearance of prejudice” and unfairly affect the jury.
“Not all prejudice is unfair,” Assistant District Attorney Andrew Wright said. “We believe it’s all one course of conduct… using the same position of power as a teacher.”
Justice Andrew Horton agreed to “take the motion to sever under advisement.”
“I’m inclined to grant the motion, at least as to the chronologically separate allegations,” Horton said. Three of the 22 counts date to April 2008, while most of the counts stem from alleged incidents in the winter of 2010.
During the hearing on the motion to suppress, Morse said he wants to suppress a 49-minute audio recording of Simonds’ meeting with Drake, in which Simonds confesses to touching three students in an inappropriate manner; Simonds’ three-page, handwritten statement; photocopies of yearbook pages on which Simonds, at the request of Drake, circled the photographs of the students in question; and Simonds’ comments to his wife, made in Drake’s presence.
Wright called Great Salt Bay Principal Jeff Boston as the state’s first witness. Boston answered questions about his office and about the events of March 18, 2010, the day Simonds confessed and ultimately resigned from his position as a fourth grade teacher.
Simonds had worked for the school since 1995, starting as an Ed Tech. He became a part-time teacher in 1998, and was later hired as a full-time teacher.
After Simonds wrote his statement, Boston, at Drake’s request, brought Simonds wife, Diane Simonds, who teaches kindergarten at Great Salt Bay, to the office.
“At that point, [Peter Simonds] was upset,” Boston said. “He had been crying. He didn’t want to cause any more problems for the school. He was sorry for what he had done.”
According to Boston, Diane Simonds protested the allegations, but Peter Simonds adamantly confirmed his guilt. “He said, ‘I’ve crossed the line.’ He stood up. He said, ‘I’ve touched the girls here and here’ and he touched his chest and grabbed his crotch,” Boston said.
Drake followed Boston on the stand.
Early in Drake’s testimony, Wright received permission to play the audio recording of the Drake-Simonds interview for the court.
In the recording, Simonds initially denied any inappropriate contact with his students. Later, he admitted to some contact but described it as incidental.
Drake repeatedly questioned the truth of Simonds’ statements. At the time, police only knew of two alleged victims. Eventually, an audibly emotional Simonds admitted to inappropriate contact and told Drake about a third student.
Although Simonds said he was nervous during the interview, he also repeatedly expressed a desire to be “open and honest” with Drake.
At the close of the interview, Drake asked Simonds to “sit down and put it on paper.”
In his cross-examination, Morse questioned Drake about his interview techniques. “Would you agree that you used a very aggressive tactic during this interview?” Morse asked.
“No,” Drake said. “It’s called sympathize and minimize,” he said of his strategy.
Morse proceeded to ask Drake about specific selections from a transcript of the interview. The Superior Court clerk’s office and District Attorney Geoff Rushlau’s office have declined to provide a copy of the transcript to The Lincoln County News.
“Mr. Simonds said, ‘I’m nervous.’ You said, ‘You should be,'” Morse said.
“Yes,” Drake said. “That’s a normal reaction.”
In another portion of the interview, Simonds asked if he could get a drink of water. Drake instead asked Alexander, who sat in on the interview, to get it for Simonds.
“[Simonds] wanted to get up and leave and you said ‘no,'” Morse said.
Morse also argued that Drake did not make it clear to Simonds that Simonds was not under arrest and was able to leave at any time. Drake, however, said he did tell Simonds at the beginning of the interview and multiple times thereafter.
“About 11 or 12 minutes into this interview you got into [Simonds’] face. Your face was about 12 inches from him during this time,” Morse said. Morse pulled a chair next to the witness stand and sat close to Drake to demonstrate. “I’m about 16 or 18 inches from you – is that correct?” he asked.
“Yes,” Drake said.
According to Morse, during the interview, Simonds said, “‘You’re in my space,’ and Drake replied, “‘Yes. I’m doing that on purpose because I know you’re lying.'”
“The purpose, just so we’re clear, is to make [Simonds] uncomfortable,” Morse said.
Morse pointed out that Drake, despite nearly 30 years of law enforcement experience, does not have specific training in the investigation of sexual crimes against children. Morse said Drake, in telling Simonds not to return to Great Salt Bay or contact the alleged victims, was setting bail restrictions, although Simonds was not under arrest.
Drake said he has the right to set such limits, but that they do not constitute bail restrictions. “I can tell them not to come back on the property until we get this thing resolved… for their good and for the good of the victims,” he said.
After three and a half hours, Justice Andrew Horton called a temporary halt to the hearing. The hearing will continue Thurs., Nov. 18 at 1 p.m.
Morse said he plans to call Peter Simonds and Diane Simonds as witnesses.
In the handwritten statement in question, Simonds admits to touching three students “inappropriately” and on multiple occasions, describes the contact and explains his motivation. “I knew I shouldn’t – but I liked the close feeling,” he wrote.
Unlawful Sexual Contact is a Class B crime, punishable by up to 10 years incarceration and a $20,000 fine. Unlawful Sexual Touching is a Class D crime, punishable by up to 364 days incarceration and a $2000 fine.
