Man challenging evidence in boating deathBy JAMES A. KIMBLE
Union Leader Correspondent
August 26. 2013 11:32PM
BRENTWOOD — A boater on Northwood Lake who was later charged in connection with causing the death of one of his passengers is asking a judge to throw out statements he made to a Marine Patrol officer while in custody.
Eric Cable, 34, of Hooksett, is also arguing that blood and breath tests taken on the night of his arrest last July 14 cannot be used during his upcoming trial on two counts of negligent homicide.
Cable is accused of piloting his boat while intoxicated and causing his friend, Brendan Yerry, 28, of Hudson, to fall in the lake. Prosecutors said Yerry was struck by the boat’s drive and propeller, and had been straddling the boat’s bow or gunwales prior to falling.
Defense lawyer Peter Anderson argued in court papers that a Marine Patrol officer who arrested Cable elicited statements from him without first reading him his Miranda Rights.
Anderson said that Marine Patrol Officer Seth Alie had placed Cable in the back of a police cruiser, and was able to get Cable to talk by asking him how he was doing.
“Officer Alie knew (Cable) was very emotional having just experienced the death of his best friend,” Anderson argued.
Anderson suggested that his client should have been read his rights and only spoke to Alie because the officer shared overcoming some of his own hardships in life.
“The tactic employed by Officer Alie to talk about the boating accident involving the decedent, even if unintentional, equate to the type of psychological interrogation tactics police officers use to get arrestees to talk and make incriminating statements,” Anderson said in a court motion.
Assistant County Attorney Jerome Blanchard argued in court papers that Cable made statements to Alie without being prompted while being walked to a police cruiser.
Cable told the officer, “I want to kill myself, I have nothing to live for. Everyone is going to hate my. My girlfriend is going to leave me,” according to Blanchard.
Blanchard said in his response that Cable was under arrest at the time, but not subject to any kind of interrogation.
“If Officer Alie did, in fact, ask (Cable) how he was doing, he should be commended,” Blanchard said in court papers. “Even more so if he attempted to ‘talk (him) off the ledge’ by distracting him with his own troubles.”
Blanchard said that the state has yet to confirm Cable’s account of his conversation with the officer.
A judge has been scheduled to hear arguments Sept. 6 on the evidence. Cable is expected to go on trial the week of Dec. 16.