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Suspect in child pornography case fights to suppress evidence

By Dean Shalhoup - Senior Staff Writer | Jun 5, 2018

Staff photo by Dean Shalhoup William Hatheway, left, the Milford resident charged with several counts of possessing child pornography, listens to testimony in Monday's suppression hearing with his lawyer, Attorney Michael Craig.

NASHUA – A hearing on Milford resident William Hatheway’s motion to suppress certain evidence and statements in his child pornography case began Monday in Hillsborough County Superior Court South.

Hatheway, 28, most recently of 96 Powers St., Apt. 184, faces five counts of possession of child sexual abuse images, which are Class A felonies, for allegedly having in his possession videos depicting children engaging in various sexual acts, according to the indictments.

The focus Monday was on the events of Feb. 22, 2017, when 14 police officers from various jurisdictions pulled up to Hatheway’s apartment building at 7 a.m. with plans to talk with him and serve him with a warrant to search his apartment.

Hatheway, who was indicted in June 2017 on the five charges, has been free on bail as his case moves forward in the Nashua court.

Assistant County Attorney Lin Li, who is prosecuting the case with First Assistant County Attorney Kent Smith, and Hatheway’s lawyer, Michael Craig, took turns Monday afternoon questioning Matthew Fleming, a veteran Bedford detective who is also a member of the state’s Internet Crimes Against Children Task Force.

Staff photo by Dean Shalhoup Attorney Michael Craig, the lawyer for child-pornography possession suspect William Hatheway, goes over transcripts of reports with Bedford police detective Matthew Fleming, who testified during Hatheway's suppression hearing Monday in Hillsborough County Superior Court South.

Fleming testified that the task force commander chose him as lead investigator in the case because of his experience with such matters.

Under Li’s direct questioning, Fleming said he and another task force member knocked on Hatheway’s door and he eventually answered. “We told him we wanted to talk with him, and that we had a warrant to search his apartment,” Fleming said.

Joined by Mont Vernon Police Chief Kevin Furlong, who’s also on the task force, Fleming said he first spoke with Hatheway in the hallway, but they moved to the nearby laundry room for more privacy.

Craig, in cross-examination, said his client asked if they could talk in his apartment and asked Fleming why that request was

denied.

File photo William Hatheway, 28, 96 Powers St., Apt. 184, Milford

“We wanted to find a private space to talk,” Fleming answered, adding that several detectives were inside searching the apartment.

Hatheway “agreed to step into the laundry room,” Fleming said, and also gave Fleming permission to record their interview to avoid the process of writing everything down.

Although Fleming said he and Furlong “made it clear that (Hatheway) was not under arrest,” and that “he could leave anytime he wanted,” Hatheway “appeared nervous” while they talked in the laundry room, Fleming told the court.

Hatheway, according to Fleming, soon complained that he was “getting hot” in the laundry room, so the two stepped into the hallway. The conversation turned to Hatheway’s concerns over “being taken into custody,” Fleming said.

“I told him that’s not my role … I was just gathering information,” he added.

But Hatheway grew increasingly upset and emotional, and “mentioned harming himself,” Fleming said.

When Hatheway allegedly indicated he “wanted to use my service weapon to harm himself,” Fleming said, he began to escort him toward other officers for safety purposes.

A short time later, those officers took Hatheway into custody, Fleming said.

Later, during cross-examination, Craig asked Fleming whether “it is your standard operating procedure not to read Miranda rights” to a suspect before interviewing or questioning him.

“That’s correct – in this type of scenario,” Fleming answered.

Judge Jacalyn Colburn, who presided over the hearing, will review the sides’ arguments and issue an order in the near future.

Dean Shalhoup can be reached at 594-1256, dshalhoup@nashuatelegraph.com or @Telegraph_DeanS.