Federal prosecutors are opposing a motion filed by an attorney for a former Portsmouth High School assistant track coach charged with attempted sex trafficking of a minor looking to suppress evidence and statements made by his client at the time of his arrest.
Joseph Auger, 27, of Portsmouth, was charged April 25 with one count of attempted sex trafficking of a minor, alleging he “knowingly” attempted to “entice, obtain, patronize and solicit by any means a 14-year-old girl … to engage in a commercial sex act.”
Auger’s attorney — William Bly — argues the statements made by his client at the time of his arrest were involuntary, despite having been read and then waiving his Miranda rights.
According to court documents, Auger allegedly gave $150 in cash to undercover federal agents at a Best Western hotel in South Portland, Maine, according to a Homeland Security Investigations affidavit filed in U.S. District Court in Maine by Special Agent Abby Mathieu.
No minors were involved in the sting operation, the affidavit states.
Auger was indicted July 10 by a federal grand jury on one count of attempted sex trafficking of a minor. He pleaded not guilty during arraignment on July 17 in U.S. District Court in Maine.
According to the affidavit, on or around April 24, law enforcement agents posted an advertisement on a website commonly used to advertise commercial sex acts, containing images of what appeared to be two young females who were “Ready 2 have some fun,” among other sexually-charged phrases.
The ad contained a contact phone number monitored by law enforcement agents, and an undercover agent “used it to communicate with potential sex buyers, including Joseph Auger,” the affidavit says.
Agents monitoring the line pretended to be the sister of a 14-year-old girl available to perform sex acts for money.
The affidavit alleges Auger texted the number from one phone saying it would be “messed up” to have sexual relations with a 14-year-old, but then allegedly texted the number from a different phone and arranged to meet the girl.
The affidavit claims Auger went to the Best Western Hotel in South Portland after he was given the address by agents pretending to be the sister of the 14-year-old.
The affidavit says Auger was given a hotel key to the hotel room. Law enforcement then arrested him and took him into custody, later locating his phone in the vehicle.
Auger was escorted to a conference room in the hotel, where he was read his Miranda Rights and signed a form agreeing to waive his rights and speak with law enforcement, the affidavit says.
He allegedly told investigators he communicated with advertisements on the website prior to that day.
“The defendant initially stated he was going to save the 14-year-old, but later stated that he wanted to have sex with the 14-year-old girl and brought the $150 as payment for a quick visit,” the affidavit says. “He stated this is the first time he has tried to have sex with a minor female.”
In his motion to suppress, Bly, Auger’s attorney, writes after Auger was given a room key to the adjoining room at the hotel, his client was “taken down at gunpoint by a squad of heavily armed Maine State Police Troopers, all of whom were deploying (presumably) AR-15 assault rifles, and all of whom were outfitted head to toe in body armor and tactical gear.
“While the agents were professional in their tone, and no threats nor improper inducements made, the circumstances surrounding his public arrest and takedown at gunpoint, coupled with the high-pressure techniques employed in a Reid interview, were enough to overbear his will, rendering his statements involuntary.”
In the government’s response opposing the motion, federal prosecutors say that throughout the less-than-one hour interview, despite being advised multiple times that he could stop speaking to the agents at any time, “the defendant never indicated that he wished to remain silent and cease questioning.”
“In fact, the agents were the ones who terminated the interview — not the defendant,” the government’s motion reads. “The defendant did not appear under the influence, did not slur his speech, nor exhibit any outward or verbal cues that indicated he did not understand the agents.
“Based on the totality of the circumstances, the Court should conclude his waiver of Miranda rights and subsequent statements were made “voluntarily, knowingly and intelligently.”