AUGUSTA – Peter G. Bathgate II will be in court one year after his arrest on a murder charge, listening as his attorney tries to convince a judge to throw out statements Bathgate made to police.

Bathgate, 30, of Augusta is charged with the murder of Paul Allen, 47, who was found dead last Dec. 5 in Hallowell.

A police affidavit filed in Kennebec County Superior Court alleges that Bathgate used a walking cane to stab Allen to death. The affidavit by state police Detective Adam Kelley asserts that Allen had angered Bathgate by flirting with Jessica Jones, 23, of Augusta, who has a young daughter with Bathgate.

Bathgate pleaded not guilty Jan. 11 to the charge of intentional and knowing murder, and was ordered held without bail.

The suppression hearing is set for Dec. 8 in Kennebec County Superior Court.

A one-page motion filed in March by Bathgate’s former attorney, J. Mitchell Flick, asks a judge “to suppress all statements obtained in violation of the defendant’s rights.”

On June 17, Flick won a judge’s consent to withdraw from the case. In his motion to withdraw, Flick said he had advised Bathgate about plea discussions he had with the Attorney General’s Office, and Bathgate conveyed that information to a third party.

Flick said he felt he could no longer represent Bathgate, and Justice Michaela Murphy appointed attorney Kevin Sullivan to represent the defendant.

Bathgate was arrested Dec. 7 in Augusta after a standoff inside a vacant Washington Street apartment.

Kennebec Journal Staff Writer Betty Adams can be contacted at 621-5631 or at:

[email protected]