Middleboro stabbing suspect will return to court in January
Joshua Wood, Horsman's defense attorney, speaks to the judge during a pre-trial hearing in Brockton Superior Court on Wednesday, Dec. 3. Photo by Sam Tucker
Joshua Wood, Horsman's defense attorney, speaks to the judge during a pre-trial hearing in Brockton Superior Court on Wednesday, Dec. 3. Photo by Sam Tucker
MIDDLEBORO — A debate on the use of DNA evidence in the trial for Andrew Horsman, who is accused of stabbing and killing 66-year-old Middleboro resident Paul Pomerleau, is the next step in the Middleboro murder case.
During a brief pre-trial in Brockton Superior Court on Wednesday, Judge Christopher Belezos determined a follow-up hearing will be held Jan. 7 to debate whether a buccal swab — used to collect and compare a suspect's DNA with evidence taken from the scene of the crime — can be taken and submitted as evidence.
Because taking DNA by a mouth swab is similar to seizing private property — such as a cell phone — for evidence, the intrusion must be proved useful to the case to be done.
Assistant District Attorney Alex Zane filed the motion Wednesday to take a DNA sample from Horsman to be compared with DNA found on items from the crime scene at a Fairview Street residence in Middleboro.
Joshua Wood, Horsman’s defense attorney, said since the case is a witness-based matter, the DNA evidence is not at the crux of the case. He said this step in Horsman’s court process is common procedure.
“We’re just going to have an argument of whether or not [the swab] is appropriate. They tend to be allowed,” Wood said. “It is a search in a sense.”
In October, Horsman pleaded not-guilty to one count of first-degree murder during an arraignment in Brockton Superior Court.
Pomerleau had been in a relationship with Horsman’s mother for more than 20 years. According to family members, the two men had ongoing tensions, which primarily revolved around Horsman’s lack of employment and residence at the house Pomerleau and Horsman’s mother also lived in.
According to court documents, Middleboro Police Detectives interviewed several on-scene witnesses who reported an argument over a steak and sausage dinner led to the fatal stabbing.
Pomerleau was transported to Morton Hospital in Taunton, where he was pronounced dead of his injuries, June 28.
Horsman did not appear in court Wednesday as his presence at the hearing was waived. He is currently held in custody without bail.
