Plaistow lawyer charged in boating crash contests use of his statements at trial
He is expected to go on trial in late July in a separate case on charges of felonious sexual assault for allegedly raping a 15-year-old boy on his boat sometime in July 2011. Buswell took the boy swimming on Country Pond and provided him alcohol before sexually assaulting him, a prosecutor said. On the night of the boating crash, first-responders and police arrived shortly after 11:30 p.m. at the home of Buswell’s parents, who own a campground on the lake, according to court testimony on Tuesday. New Hampshire State Police Trooper Anthony Cattabriga testified that he had a conversation with Buswell in a mudroom of the home, where Buswell gave a brief synopsis of the crash, Cattabriga said.
“He respectfully declined to speak to me,” Cattabriga testified. Buswell was told by investigators that he could not leave, according to defense lawyers.
“He told me he was a lawyer. I thought that was a little odd,” Ouellette testified. “I asked him what happened. He told me he was delivering newspapers and was headed home and did not see the boat when he crashed.”
Investigators had ruled out alcohol as a factor in the crash, but took Buswell to Exeter Hospital so a blood sample could be taken to test as possible evidence, witnesses said. Defense lawyer Patrick Devine argued on Tuesday that when Buswell declined to speak any further to Cattabriga, he should not have been questioned further by Ouellette. Devine said that neither investigator read Buswell his Miranda rights before questioning him.
She also suggested that Buswell’s refusal to answer Cattabriga’s question did not apply to Ouellette as well.
Judge N. William Delker quizzed the prosecution and defense lawyers about whether Buswell still had an indefinite right to silence even if he was not in police custody. Delker took the arguments under advisement.