METHUEN — A local man charged with trapping women in his car and raping them is trying to get statements he made to police suppressed, claiming he was never read his Miranda rights when he was arrested.
Kenneth Poirier, 40, is claiming he never “knowingly, intelligently or voluntarily waived his rights” to remain silent or have a lawyer present when he was questioned and arrested by Methuen police on Oct. 12, 2010.
“The defendant’s ability to understand and voluntarily waive his constitutional rights were impaired by the lack of clear Miranda warnings and a lack of understanding of what the charges were against him,” according to the motion to suppress.
Poirier, formerly of 17 Gaudette Lane, Pelham, N.H., is being held on $50,000 bail at Middleton Jail for the alleged rape of women on May 23 and Oct. 10, 2010 in Methuen. He is also accused of altering and possibly removing a handle on the passenger door of his red Pontiac Grand Am to hinder victims from fleeing his car.
DNA evidence from a cigarette butt found at one of the rape scenes links Poirier to unsolved rapes in Methuen, Hampton, N.H. and a 1988 case when Poirier would have been a juvenile, prosecutors said. However, Poirier has not been charged in the unsolved rapes that investigators linked to him through the DNA evidence discovered last fall.
Prosecutor Kate MacDougall and defense attorney John Morris are expected to argue the motion to suppress early next month. The motion was originally filed by Poirier’s former defense attorney Lynette Leos.
On Oct. 12, 2010, Poirier was arrested outside 34 Merrimack Village in Merrimac after a warrant for his arrest on kidnapping, indecent assault and battery and assault and battery charges was issued. Poirier was also picked out of a line-up by an alleged victim, according to the motion.
After he was brought to Methuen and booked on the charges, Poirier was interviewed by Detective Kevin Dzioba. During this interview, Poirier “allegedly told police the woman he picked up (the alleged victim) was in fact a prostitute. He said that the woman agreed to perform oral sex on him for a fee, which she allegedly did,” according to the motion to suppress. Poirier claimed he was robbed of $30 by her.