The defense attorney for a Portland man accused of killing his roommate is asking a judge to force the state to turn over the evidence in his case — something she says prosecutors haven’t done in the more than two months since his arrest.

Domingus Nobrega. Photo courtesy of Cumberland County Jail

Domingus Nobrega, 48, was indicted on one count of murder last month in connection with the death of 43-year-old Matthew Merrick.

He is being held without bail at the Cumberland County Jail. His arraignment has not yet been scheduled, according to his attorney, Tina Nadeau. He appeared for the first time in Cumberland County Superior Court in December after being arrested a day prior.

Merrick was found dead in his West End apartment on Nov. 30. Police have not released a cause of death or any other information about the killing, which the Office of Chief Medical Examiner determined to be a homicide.

A former chef at Andy’s Old Port Pub, Merrick was described by friends and family as a sweet, hardworking man who had a positive outlook on life.

Nadeau filed a motion last week saying she has only been able to review an affidavit detailing the reason for Nobrega’s arrest, but has not received “one shred of discovery” about the case, including video evidence from police, photographs of the crime scene, 911 calls, copies of search warrants, police reports and Merrick’s autopsy report.

“This unacceptable practice of delayed disclosure by the AG’s Office is inexcusable and must be curtailed,” Nadeau wrote in the motion, saying it is important that the defendant have access to the same information as the state.

Danna Hayes, a spokesperson for the attorney general’s office, said the motion is premature because prosecutors generally provide discovery within 90 days.

Nobrega has sent a series of handwritten motions and notices to the courthouse detailing the events leading up to his arrest three days after Merrick died. He says he was improperly arrested and searched by police, according to the documents.

He wrote that he had called 911 after finding Merrick, his roommate, unresponsive in their apartment at 24 Marshall St. around 6 p.m. that Saturday. He said police entered and seized items from his room without permission and that he was arrested after a police interview a few days later, without being read his Miranda rights.

Nadeau declined to speak about Nobrega’s case until the probable cause affidavit is unsealed, which typically happens sometime after an arraignment in a homicide case but is up to the discretion of the judge. The affidavit was not available as of Tuesday morning.

The Portland Police Department declined to discuss the case.

Nobrega’s criminal history in Maine includes multiple felony charges since 2020 that were all dismissed, including domestic violence aggravated assault.

Sometime after 2020, he also changed the spelling of his first name from Domingos to Domingus. It was under the earlier name that he was convicted of being a felon in possession of a firearm after police saw him hold a gun during a standoff in 2010. At the time, he had asked the judge to sentence him to public flogging instead of prison time.

He and other residents at the York County Jail also sparred with the sheriff over COVID-19 protocols in 2020, filing a lawsuit that alleged negligent jail staff exposed him to the virus and caused other health complications. It was ultimately dismissed in October 2024.