Defense seeks to block evidence in homicide trial
The attorney for a Jefferson Township man accused of fatally shooting his brother is seeking to keep statements his client made after his arrest from being used at his trial.
Assistant Public Defender Rose Semple claims her client, Robert Jay Bauduin, was intoxicated when he waived his right to remain silent and agreed to talk with state police investigators Nov. 30, 2013, the night Richard Bauduin Jr. died of a gunshot wound to the head.
Bauduin, 48, of 863 Bethel Ridge Road, is being held in Washington County jail without bond on a homicide charge.
Semple argued that state police knew her client was intoxicated when they arrested and questioned him, violating Bauduin’s constitutional rights.
She wrote in the motion that the state, “has not provided sufficient evidence (Bauduin) knew what he was saying or that his choice to make incriminating statements was an essentially free and unconstrained choice.”
Bauduin allegedly admitted to shooting his brother after a day of arguing with him and their father in the family home.
According to court documents, the 911 dispatch center received a call from Richard Bauduin Sr. just before 7 p.m. about an argument between the sons. After hanging up and then calling back, the father allegedly told the dispatcher one of his sons shot the other one.
Robert Bauduin then allegedly got on the phone and told the dispatcher he killed his brother. Bauduin allegedly told police he was asleep in his bedroom. When he heard the door open, he said he picked up a shotgun and fired a shot.
Bauduin appeared Tuesday before Judge John DiSalle, but did not provide testimony, except to say he understood the proceedings.
Three state troopers who responded to the call that night said they smelled alcohol on Bauduin, but that he was functioning and able to follow commands and answer questions.
Trooper Antonio Mattone, one of the first at the Jefferson Township home, testified Robert Bauduin complied with commands to place his hands on his head and walk backward in the direction of his voice. Mattone said Bauduin did not stumble the approximate 20 feet he walked backward and was able to slowly lower himself to the ground to have handcuffs placed on his wrists.
Trooper Todd Porter, who arrived on scene around 8 p.m., said he performed a gunshot residue test on Bauduin’s fingers in the back of a police car. He testified Bauduin was able to perform the test and answer questions.
“He was definitely able to answer them without a problem,” Porter said.
Trooper Douglas Rush, one of two officers who interviewed Bauduin at the state police barracks at around 10 p.m. that night, said Bauduin had a slight slur, but, “I was able to understand everything he said.”
Rush testified Bauduin drew a diagram of the house’s interior for officers and easily recounted events of the night during the interview.
Officers did not perform a blood or breath alcohol test to Bauduin that night.
When Semple asked if Rush was concerned Bauduin was still intoxicated while being interviewed, Rush said that Bauduin was probably legally drunk, but “as far as being able to comprehend – no.”
DiSalle said he would review the evidence before ruling.
Semple said the evidence would show her client’s “state of mind” at the time.
“Our position is that he was not so intoxicated to not understand his rights and a waiver of those rights at the time his statement was given,” First Assistant District Attorney Chad Schneider said after the hearing.
Jury selection is scheduled to begin April 11.
Staff writer Gideon Bradshaw contributed to this report.