Two men charged with fatally shooting three people, then burning their bodies inside a car in Bangor in August 2012 were back in court Wednesday.
Attorneys for Randall Daluz and Nicholas Sexton argued for separate trials for their clients.
According to court documents, Sexton shot and killed Daniel Borders and Lucas Tuscano. Daluz said he saw Sexton shoot the third victim Nicolle Lugdon.
Daluz’s attorney says the state has a much stronger case against Sexton than Daluz and his client can’t get a fair trial with Sexton.
The judge gave them one week to submit supporting materials for their arguments.
“We feel we can do better without him (Daluz) in the room, without the other evidence that will come in, and it’s just better for our client to have one trial because there are statements that are unhelpful and that’s what we’re getting around,” said Sexton’s Attorney Jeff Toothaker.
“In addition to just judicial economy, in other words, not having to try the case twice, it’s important to the state that they both be in the courtroom at the same time, when you do that it avoids inconsistent verdicts. In other words, if there are separate trials, they can point to anyone, but if they’re both in the same courtroom at the same time there’s much more accountability,” said Assistant Attorney General Lisa Marchese.
The use of recorded statements Sexton allegedly made to a detective in Danvers, Massachusetts before he was in custody were also disputed in court.
The judge listened to testimony from the detective and arguments from the prosecution and one of Sexton’s lawyers.
The judge will decide if this evidence can be used in Sexton’s trial at a later date.
Jury selection is scheduled to begin on April 28th.