Judge denies all of Toolan's motions to suppress evidence
BY MARY LANCASTER
Law enforcement scored another point in the case against Thomas E. Toolan III, accused in the Oct. 25, 2004 stabbing death of 44-year-old islander Elizabeth "Beth" Lochtefeld, when a judge last week denied all of Toolan's attorney's motions to suppress evidence in the proceedings.

After Toolan's quick arrest in Rhode Island the afternoon of Ms. Lochtefeld's murder in her Nantucket cottage, he was subsequently indicted on the murder charge by a grand jury and has been held for two years without bail in the Barnstable House of Correction. Last year, Judge Richard F. Connon, who is assigned to the case, approved the taking of a new DNA sample from Toolan, and on Jan. 2 Connon issued a decision denying all six defense motions to suppress evidence against the man.

Judge Connon's decision, faxed to Nantucket Superior Court on Thursday, Jan. 3, was filed just 17 days before another hearing on the case, scheduled for Jan. 19 in Barnstable Superior Court. That hearing is for a status review and the anticipated agreement of a trial date, pending appeal of the judge's rulings. Judge Connon did not include a determination on a seventh motion to change the trial venue.

Officials believe it is Connon's intent to see if an impartial jury can be chosen on Nantucket before deciding on the venue motion. Toolan's attorney, Kevin Reddington of Brockton, has argued that the trial would be tainted if held on Nantucket because of local media publicity about his client since the murder occurred and because Ms. Lochtefeld's family has deep roots on the island.

A motion to suppress statements given by Toolan at the time of his arrest and during following interactions with police was denied because they were not considered involuntary. Connon wrote that Toolan was apprised of his rights immediately after his arrest and transport to the Hope Valley State Police barracks in Rhode Island. Though Toolan acknowledged his rights he did not want to sign a waiver as to questioning, having been unable to reach his New York attorney.

Toolan was told at the time that the matter concerned an incident which occurred Oct. 25 in Massachusetts regarding Elizabeth Lochtefeld, to which Toolan responded that she was called Beth. He volunteered to answer questions but said he was "afraid he would get into trouble if Beth was involved with some type of theft he knew nothing about," and added that if the incident took place that day he had nothing to do with it because he had not seen her since the previous Friday. After a phone conversation with his father, Toolan refused to answer more questions. The judge ruled that statements Toolan made to officers were voluntary and no custodial inquiry occurred.

A motion to suppress phone records was denied because phone records cited in the motion do not belong to him and do not support an argument of privacy.

The motion to suppress a mail parcel that was left at Parcel Plus addressed to Toolan by Ms. Lochtefeld the morning of her murder was also denied. The judge declared that the police had a legitimate, probable cause standing in seizing the box, having been told by a relative of Ms. Lochtefeld that it contained items belonging to Toolan and might offer evidence of their relationship. Further, the motion was denied because witnesses saw Toolan on Ms. Lochtefeld's property before her body was discovered and the package would have been sent before a search warrant could be obtained.

The motion to suppress a search of Toolan's computer in his New York City apartment and seizure of Ms. Lochtefeld's computer from her Hawthorne Lane cottage was denied because the judge found no evidence supporting a violation of the apartment's search warrant when a state trooper observed travel information on Toolan's screen listing US Air flights between New York and Nantucket. Though the motion argued that seizure of Ms. Lochtefeld's computer was unconstitutional, the judge found that Toolan had no possessory interest or ownership in the machine.

A motion to suppress evidence from searches of the two cars Toolan rented - one on Nantucket and the other in Hyannis - was denied because there was probable cause to believe that connections to the murder event leading to Toolan's arrest might be discovered in the vehicles. Part of that determination stems from testimony from a neighbor of Ms. Lochtefeld who saw a car fitting the description of one he rented at Nantucket Airport parked near her cottage at about the same time on the day of her murder as when another neighbor saw a man fitting Toolan's description standing in her driveway.

The final motion to suppress involves trace evidence and clothing, with evidence including blood, finger nail clippings and related materials taken when he was arrested. The judge explained in his decision that because of a change in Rhode Island law dated July 7, 2004 that became effective prior to Toolan's October arrest, the warrant to obtain such forensic items was valid and that other arguments against the taking of such evidence were also denied.

Judge Connon also included background in the case as part of the preface to his decision document. He wrote, in part: "At around 1:15 p.m. on October 25, 2004, the Nantucket Police were contacted by Elizabeth Lochtefeld's brother to do a well-being check at her residence. When they arrived at Lochtefeld's residence, they found the decedent on the living room floor with several stab wounds.

"The police developed suspicion of Toolan quickly," the judge continued. "After interviewing witnesses, it was revealed that Toolan had a recent romantic relationship with Lochtefeld. Through investigation immediately following the discovery of the body, it was determined that on October 25, Toolan flew to Nantucket from LaGuardia Airport in New York and landed at 10:45 a.m. They learned that Toolan rented a maroon Ford Escape at the airport from Budget Rent-A-Car.

"A male fitting Toolan's description was observed at Lochtefeld's home, while he was on Nantucket, between 11 a.m. and 12:30 p.m.," the preface continued. "Toolan left Nantucket that same day at 1 p.m. via a flight to Hyannis, Massachusetts. Toolan did not formally return the Escape but parked it in the Budget return parking lot. At the Hyannis airport, he rented a gray Chevrolet Impala from Avis at 1:22 p.m.

"Moreover, the Nantucket Police were also aware that Lochtefeld went to the Police Department on October 23, 2004 to discuss obtaining a restraining order. Lochtefeld told the police she was breaking up with her boyfriend from New York and wanted nothing to do with him. She never identified Toolan to the police at that time, but she did mention that she was ending things with a boyfriend named "Tom" to both her neighbor and her brother.

"Based on the above information, a Be-On-The- Lookout (BOLO) was issued by the Massachusetts State Police for Toolan and his rented gray Impala," the judge wrote. "The Rhode Island State Police were made aware of the BOLO at around 3:30 p.m. that day. At around 3:50 p.m., a Rhode Island State Trooper, Kevin Kojoian, saw Toolan traveling southbound on Route 95. Kojoian stopped Toolan and brought him to the Hope Valley State Police barracks. The defendant was subsequently charged with operating under the influence and being a fugitive from justice."

Toolan, 37, and a former young financial executive in Manhattan, has traded in his tailored suits for an orange jump suit which is daily wear for inmates at the House. If he is found guilty of premeditated, first-degree murder he faces life in prison without parole. I