Judge rules man's statements to police can be used in trialBy JAMES A. KIMBLE
Union Leader Correspondent
September 05. 2013 9:02PM
BRENTWOOD — A judge has ruled that statements a Concord man made to police can be used when he goes on trial for allegedly soliciting sex from a 15-year-old Portsmouth girl.
Brad Lizotte, 47, is facing charges of indecent exposure and endangering the welfare of a child for allegedly soliciting the girl between June 12 and Sept. 29.
Judge Marguerite Wageling rejected claims by Lizotte that he felt pressured to speak with police detectives who arrived at his doorstep on the morning of Oct. 18.
Portsmouth police had executed a search warrant that morning to seize Lizotte’s cell phone, computer and other computer storage devices found at the home.Lizotte argued that statements he made to two Portsmouth police detectives should have been thrown out of court because they failed to read him his Miranda rights.Wageling disagreed, saying Lizotte expressed some concern over how long the interview was going to take, but at no time made an effort to end the interview or leave for work.
Lizotte “was not in a coercive environment during the time he was questioned,” and that, “his freedom was not curtailed to a degree associated with formal arrest,” Wageling said in a court order.
She said that a reasonable person would have felt he could terminate the interview or leave at any time.
Police also told Lizotte that he did not need to be present while police executed a search warrant at his home, the judge noted.
Portsmouth police detectives Rebecca Hester and Kristyn Bernier interviewed Lizotte, asking him about his phone, how he used his computer, his relationship with the victim, his conversations and his pornography references with the girl.
Defense lawyer Jared Bedrick argued in court papers that police had set up a situation in which Lizotte would feel pressured into submitting to questions being posed by the officers, while the search warrant was being executed.