PROVIDENCE, R.I. (WPRI) — The attorney for a juvenile accused of murdering his mother’s boyfriend in Cranston and setting the body on fire in Attleboro claims his client’s constitutional and Miranda rights were violated when he was arrested in July.
Xavier Vidot, who turns 18 in March, was charged as an adult with one count of murder and one count of using a firearm while committing a crime of violence for allegedly shooting and killing Valdez Loiseau.
Loiseau, 24, was shot at least once, according to police, who also said the violence followed an argument between Loiseau and Vidot’s mother at their home on Edgewood Avenue.
Two days after the body was found, Cranston Police Chief Col. Michael Winquist said Vidot “admitted that he killed the victim.”
“He also admitted that he and his mother had transported the body to Attleboro, and attempted to light the body on fire,” Winquist said at the time.
A motion by Vidot’s attorney John M. Cicilline is asking the court to suppress the defendant’s statements, claiming they were obtained in violation of the Fifth and Sixth Amendments of the U.S. Constitution, and the Miranda warning. (The motion also cites alleged violations of the Rhode Island Constitution’s Article 1, Sections 10 and 13.)
Those constitutional amendments and sections protect a defendant’s right to legal counsel, and guard against the use of self-incriminating statements that are obtained illegally. The Miranda warning requires police to read suspects their rights, including the right to remain silent when questioned by law enforcement.
Cicilline also filed a motion to suppress evidence that was seized during the investigation, claiming under the 4th amendment any and all items were obtained illegally.
Cranston police have not offered a comment following a request from Target 12. Cicilline has not responded to requests for comment.
The Rhode Island Attorney General’s office does not comment on cases in the pretrial stage, according to spokesperson Amy Kempe.
“It is our policy not to comment on pending cases,” Kempe said. “The office will respond to defense motions in the appropriate venue, which is the court.”
Vidot is free on a $30,000 dollar bond, with a pretrial hearing scheduled for next month.
His mother, Melonie Perez, and girlfriend, Samantha Rastella, are also charged in the case. Police said Perez, 35, admitted helping her son move drive the body to Attleboro.
Rastella, 18, is charged with allegedly trying to hide the murder weapon.
Another 17-year-old from Cranston is charged as juvenile with possession of ammunition in connection with the murder.