AFFIDAVIT IN SUPPORT OF ARREST WARRANT (M.R.CRIM.P.4.

(A) AND INITIAL DETERMINATION OF PROBABLE CAUSE

I, Adam F. Kelley, a Detective with the Maine State Police, do hereby state under oath that I have probable cause to believe and do believe that PETER BATHGATE, D.O.B. 10-26-80, further described as 6'2" 2351bs, blond hair and hazel eyes, whose last known physical address is 19 Western Avenue Place Apt. B Augusta, Maine has committed the crime of Murder. Your affiant bases this assertion on the following facts and circumstances:

1. Your Affiant is a Detective with the Maine State Police, CID- II, and is the primary investigating' officer in this case. Your Affiant has been a Detective since March 2002 and before that was a Trooper for the Maine State Police for 6 1/2 years. Your Affiant has successfully completed the Maine State Police Basic Training School, which is conducted by the Maine Criminal Justice Academy formerly located in Waterville, Maine. Your Affiant has also investigated numerous serious crimes, including but not limited to Homicide, Aggravated Assault, Sexual Assault, Burglary, Felony Theft, Drug Trafficking, Domestic Violence, Other Death Scenes, Child Pornography, Sexual Exploitation of Minors, and Physical and Sexual Abuse of Children during your affiant's career as a law enforcement officer. Your affiant's involvement has included the preparation and execution of search warrants, the interrogation of suspects and interviewing of witnesses, and the arrest of persons charged with the above listed crimes. I have personal knowledge of the facts and circumstances hereinafter related as a result of my own investigative efforts.

2. On Sunday, December 5,2010 I was assigned to investigate the death of PAUL ;x ALLEN, dob 3-1-63, whose body was located that day in Hallowell. ·0-'. ~ ~::o '0 c:J Piri

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3. On Monday, December 6, 2010 I spoke with Det. Chris Tupper, with t~~ 0«:

State Police, who is also assigned to this investigation. Det. Tupper to!.C;t!he ~at ~~ he drafted a probable cause affidavit as part of a search warrant seekin~!2 search Sa PETER BATHGATE'S residence, vehicle, person, and other items. oeEJTu~er g~

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told me that the search warrant was granted by Judge Dobson. =+x» 9? gi"Tl

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The following italicized paragraphs are from Del. Tupper's Probable Cause r -j Affidavit:

The facts, which lead me to believe that the above-described property is located on the premises, are as follows:

On Saturday December 4,2010 at 0850 hours the Augusta Police Department Communication Center received a report of an abandon vehicle. The complaint, Gail Schade, reported a green pick-up truck had been at the entrance of the Reservoir Road

AFFIDAVIT IN SUPPORT OF ARREST WARRANT (M.R.CRIM.P.4.(A») AND INITIAL DETERMINATION OF PROBABLE CAUSE

I, Adam F. Kelley, a Detective with the Maine State Police, do hereby state under oath that I have probable cause to believe and do believe that PETER BATHGATE, D.O.B. 10-26-80, :further described as 6'2~' 2351bs, blond hair and hazel eyes, whose last known physical address is 19 Western Avenue Place Apt. B Augusta, Maine has committed the crime of Murder. Your affiant bases this assertion on the following facts and circumstances:

1. Your Affiant is a Detective with the Maine State Police, eID-II. and is the primary investigatingofficer in this case, Your Affiant has been a Detective since March 2002 and before that was a Trooper for the Maine State Police for 6 112 years. Your Affiant has successfully completed the Maine State Police Basic Training School, which is conducted by the Maine Criminal Justice Academy formerly located in Waterville, Maine. Your Affiant has also investigated numerous serious crimes, including but not limited to Homicide, Aggravated Assault, Sexual Assault, Burglary, Felony Theft, Drug Trafficking, Domestic Violence, Other Death Scenes, Child Pornography, Sexual Exploitation of Minors, and Physical and Sexual Abuse of Children during your affiant's career as a law enforcement officer. Your affiant's involvement has included the preparation and execution of search warrants, the interrogation of suspects and interviewing of witnesses, and the arrest of persons charged with the above listed crimes. I have personal knowledge of the facts and circumstances hereinafter related as a result of my own investigative efforts.

2. On Sunday, December 5,2010 I was assigned to investigate the death of PAUL ;:.:

ALLEN, dob 3~1~63, whose body was located that day in Hallowell.o:i: 8::5 ~;:g

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3. On Monday, December 6,2010 I spoke with Det. Chris Tupper, with ~a~ 0"';:

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State Police, who is also assigned to this investigation. Dei. Tupper to-lH-!he ~at ~~

he drafted a probable cause affidavit as part of a search warrant seeking!lt search ~a PETER BATHGATE'S residence, vehicle, person, and other items. Dett,Tu~er g~

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told me that the search warrant was granted by Judge Dobson. -lAJ W 0~

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The following italicized paragraphs are from Det. Tupper's Probable Cause 1::' --j

Affidavit:

The facts, which lead me to believe that the above-described property is located

on the premises, are as follows: .

On Saturday December 4, 2010 at 0850 hours the Augusta Police Department Communication Center received a report of an abandon vehicle. The complaint, Gail Schade, reported a green pick-up truck had been at the entrance of the Reservoir Road

Officer Grotton of the Hallowell Police Department was dispatched and located the vehicle actually on the Town Farm Road in Hallowell. Officer Gratton requested Augusta Police Department to check the registered owner's address. A Department of Motor Vehicle inquiry indicated the registered owner was PAUL A. ALLEN date a/birth 03-01- 1963 and he resided at 80 Chapel Street apartment 5 in Augusta. Augusta Police Department attempted to locate PAUL ALLEN.

. for over twenty-four. hours. Gail reported that the abandon vehicle had Maine registration 5242RW.

Later that day OfJicer Gratton returned to PAUL ALLEN'S vehicle which was still parked on the Town Farm Road because PA UL 'S wife, KATHY ALLE~ was with the vehicle. KATHY had noticed blood on the front of PA UL 'S truck. After KATHY advised Officer Gratton of the blood on the truck Officer Gratton alsonoticed the blood. KATHY told Officer Grotton that PAUL had been missing since Thursday December 2,2010. After Officer Gratton's return to the Town Farm Road, PAUL'S truck was under the control a/law enforcement until it was later taken to the Maine State Crime Lab.

"On 12-04-10 I was advised that Hallowell PD had found a vehicle ME/PC 5242RW parked off the Town House Rd. The vehicle was registered to a Paul Allen out of Augusta. Contact was attempted with Paul rendering negative results. Kathleen Allen found to be a contact of Peul; Kathleen is Paul's ex-wife.

Officer Grattan advised KATHY.to go to the Augusta Police Department to report P A Ul. missing. Officer Gratton then requested that the Maine Warden Service respond to the Town Farm Road to conduct a search a/the area. The Warden Service searched the area by W4Y of a ground and air search but located nothing. KATHY went to Augusta Police Department and reported PA VL missing.

On the night of Saturday December 4,2010 Forensic Chemist Brandi Caron of the Maine State Crime Lab went to the Town Farm Road in Hallowell where PA VL 'S vehicle was still located Forensic Chemist Caron performed a presumptive test on the blood on the front of PAUL'S truck and then Forensic Chemist Caron confirmed that the blood was of human origin.

On December 5,2010 Detective JASON COTE a/the Augusta Police Department provided me with a copy 0/ Office John Lacoste's missing person's investigative report. Officer Lacoste's report is attached below:

Kathleen could notedvis« why Paul's vehicle would be parked at its current location. Kathleen advised that she has not seen or heard from Paul since 12-02-10 at around 2130hrs. Kathleen advised that she met Paul at an Auction in Chelsea. The auction was held at Crystal Falls. Kathleen stated that she and Paul attend the auction every Thursday

night. Kathleen stated that both she and Paul left at the conclusion of the auction in separate vehicle at around 2130hrs.

I asked Kathleen if she attempted to call Paul's cell phone and she advised she did. Kathleen advised that when you dial the number it goes straight to voicemaiJ which I was able to confirm. I asked Kathleen if this was usual practice for Paul. She stated definitely not Kathleen advised that as long as she has known PaulJ he has never failed to answer his phone. Kathleen advised that prior to the call she went to Paul's house first.

Kathleen advised that she and Paul made plans to go to Portland with friends to do some Christmas shopping. Kathleen stated that the . plan was that she would meet Paul at his residence on Chapel St at around 0800hrs and they would leave from there. Kathleen stated that when she arrived at Peat's apartment she put her key in the door and found that the door was already open. Kathleen stated that she entered the apartment and found that Paul was not there. Kathleen stated that nothing in the apartment was out of place. Kathleen advised that she attempted to call Paul but could not get in touch with him.

I asked Kathleen to identify the friends that they were going to meet and she stated· Valerie and Adam. Kathleen stated that she could not remember Valerie's last name but would remember it if she heard it

I asked her if she was speaking about Valerie Look. Kathleen advised that was her last name. I asked Kathleen if she had Valerie s number and she was able to give me th.e number.

I made contact with Valerie and advised her of the case I was investigating. Valerie advised that Paul and Kathleen were supposed to meet her in Manchester at her residence on the morning of 12-03-10. Valerie advised that Paul and Kathleen never arrived. Valerie stated that she was contacted by Kathleen and advised of Paul being missing. I asked Valerie what was the reason for the group going to Portland. Valerie advised that she had just recently won a settlement over a shoulder injury and they were heading to Portland to pick up the check. Valerie stated that she invited Kathleen and Paul so that they could aI/ hang out in Portland for a few days and do some Christmas shopping. Valerie stated that their original plan was for her and Paul to rent a SUV so that they could all travel comfortably. Valerie stated that when she could not make contact with Paul she made other arrangements to get to Poriland.

I asked Valerie when the last time she heard from Paul was and she stated around G030hrs on 12w03-10. Valerie stated that Paul called her and stated that he was going to meet up with Jessica. I asked

Valerie what Jessica's last name was and she advised that she was not sure but she knew she was 23yrs old. Valerie stated that Jessica and Paul had met at her house several weeks ago. Valerie asked if Kathleen was within hearing distance. I asked Valerie why she asked and she stated because Kathleen does not know anything about Paul's relationship with Jessica. Valerie stated that over the past few days she had noticed Paul and Jessica becoming very friendly_ Valerie stated that Jessica lives with a male by the name of Peter. Jessica stated that she did not know Peter's last name, but did know that he was from Florida. I asked Valerie if Peter knew about Paul and Jessica's relationship. Valerie advised that Peter had found out about the relationship and that was what worried her. Valerie stated that she had a bad feeling Peter could have done something to hurt Paul. Va/erie stated that several weeks ago she had a male living at her residence that became friendly with Jessica. Valerie stated that Peter found out and threatened the

male with bodily harm. / asked Valerie if she had any contact information for Jessica or Peter. Valerie gave me both Peter and Jessica's cell phone number. I asked Valerie if she knew where Jessica and Peter lived and she advised they lived off of Western Ave in Augusta. Valerie stated that she was not sure on the exact location, 'but she would pass the phone to someone that could.

I made contact with a male who identified himself as Adam Schriver. I know Adam to be Valerie's significant other. Adam advised that Jessica lives on the road after the Augusta House of Pancakes. Adam gave a description of an apartment in the basement of a house. Adam advised that he thought it was on a corner. Adam could not further describe anything about the residence.

I responded to Western Ave Place} which is a road located adjacent to the Augusta House of Pancakes. I was able to find an apartment that matched Adam's description. The residence was 19 Western Ave Place apt B. I knocked on the door several times and was not able to make contact with anyone. I was able to see the names Bathgate/Jones on the mailbox. I ran several cross agency checks and was able to come up with a Peter Bathgate. Waterville PD had Peter's address was listed as 19 Western Ave Place apt B.I was also able to come up with a Jessica Jones whose address was also in the citY of Augusta. In house we had a phone number for Jessica. The number was

• } This number did not match the number that Valerie had given

me. J dialed the 458 number and made contact with a female. The female advised that she was Jessica. I asked her jf her name was Jessica Jones and she stated that her last name was changed to Savage. I asked the female if she knew anyone by the name of Paul Allen and she advised that she did not. I asked the female jf her birthdates was 07-09- 1987 and she advised that it was. The female became very short in her

tone and in her answers. J asked her if she lived in Augusta and she stated that she did live in Augusta a long time ago. I asked her if she ever lived on Norlhem Ave. The female advised that she might have lived there in high school but could not remember. At that point the female stated that she could not hear me because her friend was playing a radio to loud. I was unable to hear any loud radio. The female came back on the line and advised again that she did not know any Paul Allen and that she needed to end the conversation. I thanked her for her time and ended the conversation. I then called the number that Valerie gave me and was not able to make contact with anyone.

Several minutes later I received a text message from the number Valerie gave me. The text message stated the following "Got a missed call from this number who is this", I did not answer the text instead I attempted to call the number again. After Jetting the phone ring for nearly a dozen times I was still not able to make contact with anyone. Several minutes after that, J received a call from that number. I answered it and made contact with a female who identified herself as Jessica Jones. I asked her for her date of birth and she gave me 07-09-1987 which was the same date of birlh other female had given me. The voices were similar sounding, however; I was not able to tell jf they were in fact the same. I asked Jessica if she knew anyone by the name of Paul Allen. After a long pause Jessica advised that she did know Paul. Jessica described her relationship with Paul as acquaintances and advised that she did not know him that well. I asked Jessica when she last talked to Paul. Jessica stated that she called him sometime between 2200 and 2300hrs on 12-02-10. I asked Jessica what she spoke about with Paul and she stated she could not remember. Jessica advised that she only spoke to Paul for a short time after he left the auction. I asked Jessica what she considered a short time and she stated 5 to 10 minutes. I

asked Jessica if Paul advised her of his destination and she stated that he did not. I advised Jessica that I had spoken with a few of Paul's friends and they advised that Paul was hoping to start a relationship

with her. Jessica stated that she was aware that Paul liked her; however she did not want to be in a relationship at this time. I asked Jessica if she was sure that Paul did not tell her where he was going on the night of 12 .. 02-10. Jessica stated that he might have told her that he was going to do some errands before he went home. Jessica stated that she could not remember anything further. While I was speaking with Jessica she seemed to be nervous. Jessica would wait several seconds before she would answer my questions. I advised Jessica to let us know if she heard from Paul. Jessica advised she would and I ended the conversation.

. Further investigation to follow. U

On Saturday December 5,2010 the Hallowell Police Department and the Maine Warden Service with cadaver dogs did a more comprehensive search of the area where PAUL'S truck had been located. The search was expanded and PAUL ALLEN'S body was located deceased on the side of the Winthrop Hill Road in the town of Hallowell, less than a mile from where his truck was located by way of road

The Chief Medical Examiner Doctor Margret Greenwald responded to the scene and classified PA UL ALLEN'S death as a homicide. Dr. Greenwald preliminarily advised there was sharp force trauma and blunt force trauma injuries to PAUL ALLEN On Monday December 6, 2010 Detective Scott Bryant attended the autopsy of PAUL ALLEN Det. Bryant told me P A VL ALLEN'S injuries consisted of multi bilateral rib fractures front and back, extensive laceration of the liver, transection of the aorta, four stab wounds, and contusion of the right lung.

Maine State Police Detective Scott Bryant who is a Senior Evidence Technician processed the scene where PA UL ALLEN'S body was located. Located at that scene were multiple pieces of what appeared to be a broken walking cane. Maine State Police Detective and Evidence Technician Jason Richards also observed the broken walking cane at the scene. Later on December 5,2010 Del. Richards arrived at the Augusta Police Department and observed a similar looking cane which was not broken in the back seat area of the vehicle registered to PETER BATHGATE date of birtli 10-26-1980. JESSICA JONES date of birth 07-09-1987 had used said car to drive to the Augusta Police Department to be interviewed Said vehicle was parked in the parking lot of the Augusta Police Department and was in plain view visible through the windows.

Maine State Police Detective Adam Kelley participated in an interview of JESSICA JONES date of birth 07-09-1987. The interview was conducted at the Augusta Police Department on December 5, 2010. According to Det. Kelley, during the interview JESSICA stated that late in the evening of Thursday December 2,2010 that PAUL ALLEN stopped at her residence for a visit. PA UL arrived at JESSICA'S residence around 11 :00 P.M and left prior to midnight and that during the early morning hours of Friday December 3,2010 PETER BATHGATE date ofbirth 10-26-1980, who is JESSICA'S long term boyfriend and father of her three year old daughter, arrived at her residence unannounced JESSICA stated shortly after 03:00 A.M she left the residence, driving the above described Nissan. PETER BATHGATE and her daughter were in the car too. They drove to Hallowell and PETER made a cellular phone call. JESSICA believes PETER called PAUL ALLEN Shortly after PETER made the phone call JESSICA said she dropped PETER off at a location along the Granite Hill Road in Hallowell. JESSICA said when PETER got out of the car the only thing he took with him was a wooden walking cane. JESSICA stated she drove a short distance away and parked the vehicle along Granite Hill Road between the intersections of Town Farm Road and the Whitten Road in Hallowell. JESSICA said while she was parked she observed a vehicle consistent with the description of PA UL ALLEN'S truck pass her and continue down the Granite Hill Road in the direction of where she hadjust dropped PETER off JESSICA stated a short while later she observed the same truck, which she now believed to be PA UL'S truck returning from the direction on the Granite Hill Road which it had

just traveled. JESSICA said as the truck was approaching her, she observed the truck turn onto the Town Farm Road. JESSICA stated she then received a phone call from PETER asking where she was. JESSICA said a short time later she observed PETER walking on the Town Farm Road and he was almost at the intersection with the Granite Hill Road. JESSICA said at that time she went and picked PETER up. JESSICA noted when she picked PETER up he was out of breath and did not have the walking cane.

JESSCIA said, after PETER got into the car he told her to "drive. " JESSICA said when she asked PETER what happened he stated something to the effect of she didn 't have to W017'y, it had been taken care of JESSICA stated PETER said he would now have to cut his hair. JESSICA noted she found that statement to be odd JESSICA stated that they drove back to her residence in Augusta. JESSICA said she took her daughter inside and lied down with her daughter while PETER sat in the living room in the dark

Based on the physical evidence found at the scene where PAUL ALLEN'S body was found, the location where PA UL 'S truck was found abandoned, and the interview with JESSICA JONES, it appears that JESSICA JONES dropped off PETER BATHGATE at or near the location where PAUL ALLEN'S body was later found. In addition, it appears that JESSICA JONES later met up with PETER BATHGATE near where PAUL ALLEN'S truck was abandoned along the Town Farm Road.

Del. KELLY told me that during the interview with JESSICA she told him she had received numerous threatening phone calls from Peter. During these phone conversations PETER told JESSICA not to talk to the police about him, and if anything came back on him she wouldn't have to worry about taking care of her daughter anymore.

Det. VICENTE MORRIS of the Augusta Police Department advised me that on December 5, 2010 he was at the residence of JESSICA JONES and he observed a purple latex glove in an exterior garbage can. The garbage can did not have lid and was located adjacent to the entry door.

Your affiant has probable cause to believes that evidence pertaining to the crime of Murder will be found at the above described residence, above described vehicle, the latex glove, the cellular phones, and the persons of PETER BATHGATE date afbirth 10- 26-1980 and JESSICA JONES date of birth 07-09-1987.

Your affiant has been a sworn law enforcement officer since 1999. I graduatedfrom the 46th Maine State Police Training Troop. Your affiant has completed the Maine Criminal Justice Academy's Basic State Police Academy, and I have attended seminars and training sessions relating to criminal Investigations. in September 2005 I was promoted to Detective. Prior to my promotion I was a Resident Agent with the Maine Drug Enforcement Agency for approximately two years. I have prepared and participated in the execution of a large number of search warrants, gathered information relating to criminal investigations, and debriefed those charged with crimes following their

apprehension. Your affiant participation in theses investigations has contributed to the apprehension, prosecution and conviction of these persons for a variety of crimes.

4. On 12-6-10 at approximately 4:50 p.m. I monitored a phone conversation between Augusta Police Detective Vicente Morris and a male who identified himself as PETER BATHGATE. During this conversation BATHGATE told Morris that he was calling about the Paul Allen matter. BATHGA TE provided details about the types of injuries that Allen sustained that were accurate and which had not been released outside of police officers and other officials working on this investigation. BATHGATE said, "Two or three stab wounds to the back right?" and "He was hit with his own truck." BATHGATE said the reason for what happened to Allen was jealousy and rage. BATHGATE said he was jealous and did not like the way Allen talked to and flirted with his girlfriend, JESSICA JONES. BATHGATE said that he knew that he was going to go to jail for the

rest of his life, and he needed to come to terms with this before he would talk about it in person.

WHEREFORE; your affiant prays that a warrant of arrest issue commanding your affiant and other law enforcement officers to search for the said PETER BATHGATE, and if found, take him into custody for the offense of Murder

swomr1~jthis~daYOfDecember2010

District C06rt Judge/Complaint Justice! DiStnct Court CIeik

Arrest Warrant to Issue

Date: i 7</6 liD