Although some comments made by the man charged in last summer’s fatal boat collision in Harrison were ruled inadmissible in court, Cumberland County District Attorney Stephanie Anderson remains confident she can get a conviction.

Justice Robert Crowley ruled May 28 at Cumberland County Superior Court that Maine Game Warden Jason Luce should have informed defendant Robert LaPointe, of Medway, Mass., of his right to have an attorney present before he asked him potentially incriminating questions during interviews in Luce’s truck and at Bridgton Hospital.

Luce questioned LaPointe Aug. 11, 2007, after a boat operated on Long Lake by LaPointe, 39, collided with one carrying Terry Raye Trott, 55, and Suzanne Groetzinger, 44.

Trott and Groetzinger were killed. LaPointe and his passenger, Nicole Randall of Bridgton, suffered minor injuries.

LaPointe was indicted by a Cumberland County grand jury on two counts of manslaughter, four counts of aggravated operating under the influence and one count of reckless conduct with a dangerous weapon.

In early November LaPointe turned himself in. Later that month he pleaded not guilty to the charges and posted $50,000 bail. LaPointe is represented by Portland attorney Neale Duffett.

Crowley allowed answers to Luce’s questions about whether the boat collided with anything, but banned answers to questions about how much alcohol LaPointe had consumed, what he did earlier in the day and the circumstances of the collision.

Crowley denied a motion filed by the defense that claimed warrantless detention and investigation at the scene of the crime, saying that Luce had reason for suspicion of criminal activity.

Crowley delayed the decision on a third motion, to suppress results of LaPointe’s blood alcohol test. Tested almost three hours after the collision, LaPointe had a .11 blood alcohol level, according to Anderson. The legal limit is .08.

That motion will be decided Sept. 8, the trial date for Lapointe.

Anderson said the judge’s decision to suppress some of LaPointe’s testimony doesn’t affect her case because the statements are either not material or duplicated from other sources.

The accident sparked renewed talk about boating safety. Rep. Richard Sykes, R-Harrison, introduced legislation, ultimately unsuccessful, in the Maine House to prohibit boats with engines of more than 500 horsepower from Long Lake. Sykes also sought, unsuccessfully, mandatory training courses for all boat operators in Maine and additional wardens to patrol Naples waterways.

Records from a hearing in Cumberland County Superior Court on April 30 and May 1 described the events following the collision.

Cumberland County Sheriff’s Deputy Jennifer Gage and Luce arrived on the scene where LaPointe’s boat lay, around 160 feet from the water, before LaPointe and Randall were brought to shore by a boater at around 9:45 p.m. LaPointe and Randall were evaluated and cleared by the on-site ambulance crew. While being examined, LaPointe told Emergency Medical Technician Richard Stout that he had been drinking, according to court records.

Luce asked LaPointe to come to his vehicle to discuss what happened, which LaPointe agreed to do. The recorded interview lasted around 20 minutes. Luce subsequently learned that a second, badly damaged boat had been found, and he followed LaPointe to the hospital, calling ahead to request a blood alcohol test.

At the hospital, according to court records, Luce interviewed LaPointe again before nurse Marlene Fillebrown came to draw LaPointe’s blood. LaPointe refused and Luce let him call his attorney before requiring him to submit to the test. Fillebrown, according to court records, said that when she was alone with LaPointe, he told her he had been drinking and indicated by a gesture that she should draw her own blood and substitute it for his. The nurse refused and drew LaPointe’s blood at 12:05 a.m.

Two civil cases have also been filed at Cumberland County Superior Court by representatives of Trott’s and Groetzinger’s estates against LaPointe; his father, George LaPointe; and Naples Casino Inc. in relation to the incident.

The suits seek damages from Robert LaPointe for the suffering and deaths of Groetzinger and Trott, from Naples Casino for negligently serving alcohol to LaPointe, and from George LaPointe for accepting a parcel of land from his son after learning of the plaintiffs’ intent to sue.