The attorney for Arnold A. Diana, the man accused of the strangulation death of Katrina Windred last November in Rockland, filed a series of motions Wednesday, May 11 in an effort to keep certain evidence out of any future trial.

In addition, a motion was filed to move any trial out of Knox County, citing extensive publicity of the case.

Diana, 35, was indicted in January for the Nov. 20 murder of Windred at Diana’s apartment at the Thorndike apartments. He entered a plea of not guilty at a Feb. 10 hearing.

Diana’s court-appointed attorney Christopher MacLean of Camden filed motions May 11 to have a hearing held to determine whether the affidavit filed to obtain a search warrant at Diana’s apartment was sufficient to warrant the search, to have statements made by the defendant suppressed because questioning did not stop when he asked for it to stop, a change of venue for the trial, and an extension of when he could file motions.

The attorney claims that the affidavit was crafted with misleading claims and failed to include pertinent information that may have resulted in no warrant being issued.

In regard to statements made by Diana, one motion seeks to exclude statements given during a Nov. 21, 2010, interview that Knox County Detective Dwight Burtis had with the suspect during a ride from the Salvation Army soup kitchen to the Thorndike apartments. MacLean claims that the interrogation was a custodial one in which Diana was not first advised of his Miranda rights against self-incrimination.

The motion further claims that Diana underwent a nearly three-and-a-half hour interrogation that lasted until 1:30 a.m. on Nov. 22 conducted by Maine State Police Detectives Dean Jackson and Michael Mitchell at the suspect’s apartment. Diana was also not advised of his Miranda rights during that interview, the motion states.

On Nov. 27, Diana was taken to the Rockland police department and interrogated by state police detectives. MacLean argues in the motion that while Miranda rights were read to his client, the waiver was neither knowing nor voluntary based on the circumstances. For example, the attorney noted, Diana did not receive a clear answer on the consequences of him cutting off answering questions.

Diana stated near the end of the interview that he was “afraid you guys would have gotten violent with me” and that he was “scared” at the outset of the interrogation, according to the affidavit. MacLean also pointed out that Diana had a significant mental health history, years of abuse as a child, only a third-grade education, and that he could not read or write.

During the first 98 minutes of the interrogation, Diana consistently maintained his innocence despite “relentless badgering” from Detectives Jackson and Mitchell, the motion stated. At that point, the motion states that Diana sought to cut off questioning by saying “I’m sorry, I can’t do no more,” “All right, now this is it” and “I’m calling this over.”

The detectives did not respect Diana’s exercise of his right to cut off questioning, in violation of the Miranda doctrine, MacLean argues.

Diana was then taken outside the station to smoke a cigarette and during that time, when no recording was made, detectives told Diana he was going to be held in custody until he told them what they wanted to hear and that he would be treated more leniently if he admitted he had accidentally killed Windred, according to the papers filed May 11.

After the break, Diana parroted back what the detectives had told him to admit to, according to the motion.

Diana has been held at the Knox County Jail without bail since his Nov. 27 arrest.

Police were first notified when Windred’s boyfriend John Savage of Augusta contacted the Knox County Sheriff’s Office at 11:30 p.m. Saturday, Nov. 20 that she was missing. Savage told police he was with Windred at her Friendship home when she left shortly before 5 p.m. and planned to deliver some groceries to Diana.

Windred said she would be back in an hour. Savage attempted to contact her by cell phone repeatedly but with no success that evening before contacting police.

Savage also told police that Windred had been receiving increasingly hostile telephone calls from Diana including seven calls on Nov. 20, saying he was upset that she had not returned some of his property.

Several residents of the apartment complex told police that they saw Diana at about 1 a.m. on Nov. 21 both in the back parking lot of the Thorndike and in the elevator. One neighbor said Diana was sweating “like he was pouring rain.”

State police detectives searched Diana’s apartment later that day and found a blood-stained pillow in a garbage bag under his mattress. Blood stains were also found on another pillow and on the carpet. Another blood stain was found at the bottom of the stairwell leading to the parking lot.

DNA analysis of the blood stains determined they were a likely match to Windred.

Windred’s body was discovered Nov. 23 at noon along Thompson Meadow Road by a man walking his dog.

Diana claimed to police that when Windred came up to his apartment Saturday evening she got upset when he said he was going to have Thanksgiving dinner with a person named Minnie. Diana claimed that Windred pushed him and that he then grabbed her, possibly in the neck area, and she fell to the floor and he fell on top of her.

Diana claimed Windred was unconscious but breathing and he placed her face down on his bed. He said he took her ATM card and withdrew some money.

He said he wrapped her body up in the blanket that was covering her and tied it together with towels. Diana said he dragged her body down the stairs to a friend’s truck that was parked in the back parking lot. He went back to the apartment to rest then went back to the truck and dumped her body along Thompson Meadow Road, according to the police report.

He then went back to the apartment and put her cell phone and wallet into another pillowcase and dumped it in the trash. Police recovered those items in the kitchen trash Nov. 23.

The defense has yet to determine whether it will argue that Diana suffers from a lack of criminal responsibility or abnormal condition of the mind, the paperwork filed by MacLean states.

The forensic service has already examined Diana to determine his competency to stand trial. The results of the evaluation have not been released publicly or to the prosecution.