Motions to Suppress in Baye Case Denied

Judge Constance M. Sweeney has denied all motions to suppress evidence in the case of Anthony Baye, who is accused of setting 15 fires in Northampton, one of which resulted in the death of Paul Yeskie and his adult son Paul Yeskie Jr, on Dec. 27, 2009.

Sweeney’s decision means that a jury will be allowed to watch the entire interview between Baye and Trooper Michael Mazza and Sergeant Paul Zipper of the state fire marshal’s office that took place over a twelve hour period on January 4, 2010.  

“We’re pleased that the jury will be allowed to hear – and evaluate for themselves - this very important piece of evidence. We appreciate the careful and well-reasoned opinion issued today and will allow the opinion to speak for itself,” said Brett Vottero,  a special prosecutor with the Office of Northwestern District Attorney, who is the lead prosecutor on the case.

Baye is awaiting trial on 1)  two counts of murder, 2) three counts of armed burglary, 3)  four counts of arson of a dwelling house, 4) two counts of attempt to burn a dwelling house; 5) one count of arson of a building 6) 14 counts of burning a motor vehicle, 6) four counts of attempt to burn a   motor vehicle; 7) nine counts of breaking and entering a motor vehicle in the nighttime with intent to commit a felony and 8) five counts of burning personal property.

In motions filed earlier this spring,  Baye asked that evidence in the case be suppressed at trial, arguing that police conducted illegal motor vehicle stops on his vehicle on the night of the fires and that the troopers who questioned him failed to halt questions upon his invocation of his right to counsel.  Baye further claimed that that his statements were involuntary and that he was denied his right to prompt arraignment as a result of their interrogation of him.

Sweeney rejected all of the defendant’s claims, writing in a 44-page decision issued Mon, Aug. 22, that “Based on the credible evidence presented at the hearing and upon consideration of the excellent memoranda submitted by the parties’ respective counsel, the defendants’ motions to suppress are denied in their entirety.”