BELFAST – An accused murderer from Waldo County is asking that his confession be thrown out because, his attorney says, he asked for a lawyer while being interviewed by detectives.
“Anything you say can be used against you in a court of law. Do you understand that?” asked Det. Jason Andrews of the Maine State Police Major Crimes Unit North in an interview recorded on March 15, 2019.
“Yes, I do,” responded Austin McDevitt on the recording, which was played at the Waldo Judicial Center on Monday during an evidence suppression hearing.
“What does that mean to you,” the detective asked.
“Anything I say can be used as evidence,” McDevitt said.
McDevitt, 23, of Morrill is charged in the March 15 shooting death of Shane Sauer, 26, of Belfast. McDevitt told detectives he shot Sauer seven times after Sauer arrived at a camper on Oak Hill Road in Swanville where he was sleeping with a woman the two men were fighting over.
McDevitt’s defense attorney argued Monday his client asked for a lawyer and therefore the interview should have stopped,
“In fact, he invoked the right, your honor,” said attorney Rick Morse, from Rockland. “And he didn’t invoke it once. It was three or four times and the response from the state police was to just push through it.”
Assistant Attorney General Leane Zainea, who is prosecuting the case, said in order to be fully protected, a person must unequivocally invoke the right to remain silent or when they ask for a lawyer.
“You just said kind of two things,” the detective says later in the recorded interview.
“I know,” McDevitt said.
“I just want to clarify stuff. So, would you like to talk to us?” Andrews asks.
“I would, yes, I would like to talk to you and I would also like to talk to a lawyer too at the same time,” McDevitt said.
“Alright. So again, that is a little…,” the detectives said.
“So it’s either, or,” McDevitt asks.
“I just want to clarify. Do you want to talk to us now? What do you want to do? It’s in your hands,” Andrew said.
The detective explains to McDevitt that he and another detective in the room were awoken earlier in the day and told to respond to Belfast Police Department because he was th