Judge rules man's statements to police can be used in trial
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.
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.
She said that a reasonable person would have felt he could terminate the interview or leave at any time.
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.