Jackson man charged with murder seeks to stifle statements to policeHearing scheduled in February 2013
Belfast — According to court records, the Jackson man accused of killing a Florida man after what police described as a dispute over drugs hopes to suppress some of the statements he made to police in the days leading up to his arrest.
Daniel Porter, 25, through his defense attorney Jeffrey Silverstein, filed a motion at Waldo County Superior Court in Belfast to suppress "any and all evidence obtained directly or indirectly as a result of any interrogation, questioning or interview of the defendant" between Feb. 22 and Feb. 28. The motion was filed with the court Monday, Dec. 3, and posted to the Maine Judicial Branch web site Friday, Dec. 7.
In his motion, Silverstein contended that evidence police had gathered and statements Porter made to police in Maine and in Connecticut prior to his client's Feb. 28 arrest were obtained by way of violating Porter's rights.
"In support hereof the defendant challenges that the statements made by him and evidence obtained as a result thereof were the product of a violation of his federal Fifth Amendment rights and corresponding state constitutional rights against compelled self-incrimination," stated Silverstein.
According to information on Porter's ongoing case posted on the Maine Judicial Branch website Friday, Dec. 14, Porter's motion will be considered at a hearing at Waldo County Superior Court in Belfast Tuesday, Feb. 12, at 8:30 a.m.
Porter is accused of acting as the trigger man in the shooting death of 31-year-old Jerry Perdomo, whose body was found in the woods off Dahlia Farm Road in Newburgh Feb. 29. According to Journal archives, Porter was arrested Feb. 28 at the residence of his father, Gary Porter, on Hadley Mill Road in Jackson following a police investigation into Perdomo's disappearance.
Porter was arrested days after Bangor police issued a plea for the public's help in locating him and his girlfriend, 23-year-old Cheyanne Nowak, on Feb. 23. Police located the two in Connecticut the following day.
According to previously published reports, Bangor police initially became involved Feb. 19, after receiving a missing person report from Lisa Gould of Bangor. At that time Gould indicated that she had a romantic relationship with Perdomo and that she had not seen him since Feb. 16. Through interviews with police, Gould further stated that Perdomo had come to the Pine Tree State from Florida about once a month and was shuttling upward of 1,500 prescription pills to Maine each trip.
Gould told police that when Perdomo left her residence on the morning of Feb. 16 he was in possession of a Glock .45-caliber handgun, his wallet and two cellular phones, according to court documents. Perdomo allegedly told Gould he was going to meet someone who owed him money. Court records later revealed that Perdomo was going to speak to Porter in regard to a $3,000 debt.
Bangor police then spoke by telephone with the missing man's wife, Tonya Perdomo, in Florida, who said he had left their residence Feb. 15 with a rental car and had spoken with her on the evening of Feb. 16, but not since.
A gold Toyota Camry with Florida registration was located in the parking lot of the Wal-Mart on Stillwater Avenue in Bangor Feb. 20, and store surveillance video showed that a lone male parked the car there Feb. 17.
According to court documents, the same male was also seen on video at a nearby Hannaford store throwing "what appeared to be a plastic bag containing objects into the garbage can located outside the main entrance." That bag reportedly contained items belonging to Perdomo, including cell phones and keys to the Florida man's rental vehicle. That information was initially revealed in the affidavit filed in connection with Porter's arrest.
As the male continued into the store, his face was visible and police reported that it "is consistent with a known photograph of Daniel Porter," according to court records. Court documents also indicated that the male on the video was with a female, and police identified that woman as Nowak.
Prior to leaving Maine, Porter and Nowak reportedly traded in Nowak's vehicle and allegedly paid $7,400 in cash for a new car in the days leading up to Porter's arrest.
Nowak has not been charged in connection with the case.
Maine State Police Detective Brian Strout, a lead investigator in the case, testified during Porter's initial court appearance March 2 that Nowak met Perdomo at Dysart's in Hermon at Porter's request, and that Perdomo followed her to the Hadley Mill Road home in Jackson to meet Porter. After a few minutes, Strout said, Nowak left to go pick up her 2-year-old son in Swanville.
Strout also told the court that in the hours prior to Perdomo's death Porter claimed Perdomo made threatening statements regarding Nowak and her child while the two were playing pool at the Jackson residence.
And that was not the first time Perdomo and Porter had allegedly had negative contact with one another, as the ongoing investigation led officers to a complaint that was filed with the Penobscot County Sheriff's Office concerning an incident that reportedly occurred between the two Jan. 8.
In that complaint, according to the affidavit, Porter had called police to report that Perdomo was throwing rocks through the windows of his former residence in Newburgh. Penobscot County Deputy Jamie Kennedy spoke with both Perdomo and Porter at the time and learned that the two subjects had been threatening each other.
"Perdomo stated that he observed Porter with a machine gun and that Porter had threatened to shoot him and put him through a wood chipper," according to the affidavit. "Porter stated that Perdomo had threatened to cut off his hands and kill him."
At his arraignment in Belfast in June, Porter pleaded not guilty to the murder charge.
Court records show that Porter's trial has been tentatively scheduled to begin April 1, 2013.