NASHUA — A superior court judge has denied a motion to have incriminating statements made by Ricky Munster suppressed as evidence.

Munster, 21, is facing two alternate counts of second-degree murder alleging that he knowingly and recklessly killed Mark Vallee, 51, of Nashua, on Memorial Day 2011.

Vallee was a former homeless man in the city, and was found lying in a pool of blood on a city street by a passerby.

The police affidavit detailing how Munster, of 5 Beard St., allegedly killed Vallee has been sealed at the Hillsborough County Superior Court. Authorities said previously that Munster allegedly beat Vallee repeatedly with his hands, feet and a 2 by 4 until he died of blunt force trauma to the face and head.

In May, Munster's defense attorney, Jeremy Clemans, filed a motion to suppress all statements that his client made to police on May 30, 2011.

During the initial police investigation, Munster was a witness in the case and had answered questions at the police station, according to court documents.

“(Munster) stated that he had seen (Vallee) fall several times and strike his head,” says court records. “(Munster) claimed that when he offered to help (Vallee), the victim took swipes at him.”

Munster went on to tell authorities he was “pissed off” at Vallee for striking him in the face, and made a statement to the effect of “I didn't want to hurt him. I only wanted to help him, but he wouldn't stop hitting me,” according to court documents.

At that time, detectives stopped the interview and read Munster his Miranda rights, says court records.

Judge Jacalyn Colburn recently denied the defense's motion to suppress the incriminating statements, saying in her ruling that Munster was not in custody during the unrecorded portion of the interview, and that he was not entitled to the protection of Miranda at the time he made the comments.

Colburn added that Munster was aware that police were investigating a homicide, and that he voluntarily approached authorities with information, and willingly and cooperatively spoke to police about the case.

Investigators have refused to elaborate on any specifics of the case, including any connection between Munster and the victim.

The murder trial is tentatively scheduled for October, according to court records.

Since his incarceration last year, Munster has had a string of disciplinary problems at the Hillsborough County Department of Corrections.

According to court documents, Munster has been written up for alleged misuse of county property, possession of unauthorized items, profanity, threats to others, interference with security operations, violation of general rules, disobeying staff and several reports of disrespect to prison staff.

Munster, a 2008 graduate of Winslow High School in Maine, has a prior criminal record. More than a year ago, Maine police arrested Munster on two occasions for various offenses including concealing a knife and refusing to submit to an arrest.

Vallee, who lived on and off the streets of Nashua for more than two decades, was well known by the homeless community in the city.

khoughton@newstote.com