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August 31. 2012 1:50AM
PRESTON
Hampton defendant wants remarks thrown out
PRESTON
BRENTWOOD — A Hampton man accused of soliciting a young girl online for sex is asking a judge to throw out statements he made to police officers who raided his home.
Matthew Preston, 31, is facing two counts of certain uses of a computer prohibited for allegedly engaging in online chats with the girl in December and January.
Police with the state’s Internet Crimes Against Children Task Force used a search warrant at Preston’s apartment Jan. 26 to seize his computer and other evidence.
A Stratham police officer had passed on a complaint about Preston’s alleged online chats with the girl.
When police arrived at Preston’s doorstep in January, he was just finishing dinner with his girlfriend, defense lawyer Andrew Cotrupi said in a court papers.
Police patted down Preston and asked him to step into a bedroom to speak privately.
Tara Laurent — now Greenland’s police chief — asked Preston “about whether he knew why police officers from the Internet Crimes Against Children Task Force were searching his house,” according to Cotrupi.
That’s when Preston told Laurent about a computer he recently disposed of, Cotrupi said.
Laurent passed on that information to another detective and then began questioning Preston, who says he was never read his Miranda rights prior to questioning, according to the defense.
“Detective Laurent initiated the interrogation by telling Mr. Preston the task force was at his house because he chatted with someone online, immediately putting Mr. Preston on the defensive and encouraging him to make incriminating statements,” Cotrupi said in the court filing. “At this point, Detective Laurent elicited several statements from Mr. Preston.”
Cotrupi is asking a judge to throw out any statements prior to his client going on trial.
Prosecutors have yet to respond to Cotrupi’s request. A judge has set a hearing for Sept. 27 to determine whether police legally obtained statements from Preston.
His trial is scheduled for Oct. 22 in Rockingham County Superior Court. Preston faces up to 3½ to 7 years in state prison if he is convicted.
James A. Kimble may be reached at JKimble@newstote.com.
Matthew Preston, 31, is facing two counts of certain uses of a computer prohibited for allegedly engaging in online chats with the girl in December and January.
Police with the state’s Internet Crimes Against Children Task Force used a search warrant at Preston’s apartment Jan. 26 to seize his computer and other evidence.
A Stratham police officer had passed on a complaint about Preston’s alleged online chats with the girl.
When police arrived at Preston’s doorstep in January, he was just finishing dinner with his girlfriend, defense lawyer Andrew Cotrupi said in a court papers.
Police patted down Preston and asked him to step into a bedroom to speak privately.
Tara Laurent — now Greenland’s police chief — asked Preston “about whether he knew why police officers from the Internet Crimes Against Children Task Force were searching his house,” according to Cotrupi.
That’s when Preston told Laurent about a computer he recently disposed of, Cotrupi said.
Laurent passed on that information to another detective and then began questioning Preston, who says he was never read his Miranda rights prior to questioning, according to the defense.
“Detective Laurent initiated the interrogation by telling Mr. Preston the task force was at his house because he chatted with someone online, immediately putting Mr. Preston on the defensive and encouraging him to make incriminating statements,” Cotrupi said in the court filing. “At this point, Detective Laurent elicited several statements from Mr. Preston.”
Cotrupi is asking a judge to throw out any statements prior to his client going on trial.
Prosecutors have yet to respond to Cotrupi’s request. A judge has set a hearing for Sept. 27 to determine whether police legally obtained statements from Preston.
His trial is scheduled for Oct. 22 in Rockingham County Superior Court. Preston faces up to 3½ to 7 years in state prison if he is convicted.
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James A. Kimble may be reached at JKimble@newstote.com.
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