Trial Begins for Michael Toby 

The trial of a Dover-Foxcroft man charged with murdering his sister began Wednesday.Meghan Hayward was in the courtroom. “I think there’s one thing Mr. Toby wants the court to know. The events we’re going to be hearing about today are not the real Mr. Toby. His actions make no sense considering his history.”Police say 54-year-old Michael Toby killed his sister, 70-year-old Rosalie Shedd, in her apartment in October 2008. He has pleaded not guilty.Police say Toby told them he hit his sister repeatedly on the head, strangled her with a vacuum cleaner cord, then put a plastic bag over her head.Deputy Chief Medical Examiner Marjorie Dewitt testified there were water droplets inside the plastic bag. Dewitt says that leads them to believe Shedd was still breathing when the bag was placed over her head.” When he did in fact cause the death of Rosalie Shedd, the defendant was acting both intentionally and knowingly and thus is guilty of murder.”Shedd’s daughter also took the stand.Melanie Eastman testified she had a close relationship with her mother and would visit her often, but those visits became less frequent when Toby moved in because he made her feel uncomfortable.Eastman also said the family believed Toby was mooching off her mother and she needed to kick him out.The State talked about the internal debate Toby said he was having with himself over whether or not he was going to kill his sister.”Well why would he be holding this internal debate? Because he knows that killing his sister is wrong. When the police first approach him he plays dumb. He pretends that he doesn’t know his sister is dead, why? Because he knows killing his sister is wrong and he can get in trouble.”The defense argues the trial is not about what happened, but why it happened.They say Toby was close to his sister and he told police she would do anything for him.” So if Mr. Toby was going to direct any uncontrolled anger at anyone, she would be the last one to do that towards.”Toby waived his right to a jury trial.The defense only called one witness to the stand Wednesday. The trial continues Thursday, with the State calling several more witnesses.