PORTLAND, Maine — A lawyer representing a Portland man who strangled his girlfriend, decapitated her and set fire to her corpse argued before Maine’s highest court Tuesday that Chad Gurney should not have been convicted of the murder because evidence found on his computer, including a link to a grisly video, should not have been allowed in the case against him.
Gurney, 30, was sentenced to 60 years in prison in March by Cumberland County Superior Court Justice Roland Cole. The crime, committed against 18-year-old Zoe Sarnacki, took place in May 2009, four years after his Liberty University lacrosse team van crashed and two days before Gurney was slated to leave for Thailand as part of a reported spiritual quest.
“It’s clear Mr. Gurney was not normal in the way he viewed the world, but the issue the court struggled with was whether he understood that what he did was wrong,” Chief Justice Leigh Saufley said Tuesday during the hearing.
Attorney Sarah Churchill, representing Gurney, told the Maine Supreme Judicial Court on Tuesday that a concussion and other injuries from the 2005 crash required 20 surgeries and left the Portland man delusional. Churchill argued before the court that Cumberland County Superior Court Justice Roland Cole erred in February when he found Gurney guilty, in part because police search warrants should not have applied to Gurney’s smartphone, laptop and Facebook page — and evidence harvested from those places, most prominently a link to a beheading video, should not have been considered by the court.
While the court should not have considered the smartphone and laptop evidence, Churchill argued Tuesday, it should have given more weight to journal entries showing he suffered from psychosis and was insane when he committed the crime.
Assistant Attorney General Donald Macomber countered before the court that Gurney murdered Sarnacki in revenge for her reportedly sleeping with another man. He said the link to a video of a woman being beheaded, which was accompanied by language suggesting the mutilation depicted was done as punishment for cheating, suggests premeditation.
Macomber said no information from Facebook was used in the case against Gurney.
“The evidence was overwhelming that Chad Gurney knew what he was doing,” Macomber said. “He told police he knew what he was doing and he knew that it was wrong.”
Churchill told the Bangor Daily News after leaving the Portland courtroom Tuesday the court could issue its decision anytime from “a couple of weeks from now, to a couple months, to several months.”
“It’s really hard to tell” how the justices are leaning, Churchill said. “You can’t really read into what they ask about. We just have to wait to get the opinion.”
Kathy Kosnow, Sarnacki’s aunt, said after the hearing that Gurney’s appeal to the law court was not unexpected, but it hurts the victim’s family members to relive the crime.
“It takes your breath away to see it and hear it,” she said. “It brings it all back. … It’s important to me just to be here for Zoe. You don’t want to hear this stuff again, but it’s important to be here.”
Anyone who commits murder in my opinion is insane. Sane people don’t kill one another. That stated, they should never, never be free to do it again. This is one area we just can’t take a chance of them becoming insane again and taking another life.
I’m sorry Maine doesn’t have the death penalty.
It is regrettable that there are attorneys, clearly unburdened by any degree of conscience, that would willingly defend criminals like this one and many others. Though it offends the senses, there are probably quite a few
Yeah
Lets throw our justice system out the window and not let folks have the right to representation. The guy is a scumbag but he deserves his right to representation as do all citizens of the USA
He has the right to be represented but no right whatsoever to have damning evidence withheld from the courtroom.
exactly!
He has the right to be represented but no right whatsoever to have damning evidence withheld from the courtroom.
**************************************************
…and what if that evidence is fabricated? not saying that it was in this case, but what you desire for one case must be held true and equal for everyone else.
He was represented and convicted. End of story. Throw away the key. Where our judicial system fails is due to the never ending appeals process that is allowed time and time again. The family of this woman has to endure the heartache created by these scum lawyers looking to appeal and appeal. Here’s how it should be. Guy should have got sentenced to death. Give his lawyers 6 months to prove something otherwise and then execute him if nothing is proved otherwise in 6 months. Enough with this death row for 20 years.
not an excuse, this is used as a defense, much toooooo often. no such thing. god instilled in everyone of us, the knowledge between good and evil,before we were born. but there are many who dont believe that, but they just thinkthere can be no one more powerful than man.ARROGANCE! this state need death sentence, penalty, and without delay, for undisputed guilty perpetraters.
We agree mostly. I believe in the death penalty and anyone that commits murder should never be released. I think most people try to cop out with an insane plea, when clearly they weren’t insane. However, that stated, normal children, raised in a loving home, don’t normally kill their parents. Children whom suffered severe abuse sometimes do kill their parent or parents. I do believe that environment does play a part in many crimes. There are people who do enter a truly insane state of mind, no one is home. Drugs can even cause that state of mind, like bath salts. This is not an excuse for behavior and they must stay behind bars, IMO, there is no rehabilitation, the risk is too high if it fails.
Agreed! But it’s God, not god if you believe in him.
The insanity defense is rarely used and when it is used it is successfull only a quarter of the time.
http://www.funtrivia.com/askft/Question51901.html
and
http://www.washingtonpost.com/wp-srv/local/longterm/aron/qa227.htm
I agree. The death penalty may not stop the next murderer, but it sure as hell will stop the LAST one…
What’s the difference between committing a murder and legalized murder? What does the bible say about the subject?
Saying that, how is it that the man that killed Robert Kennedy hasn’t been paroled, and yet the guy that does the Dog the Bounty Hunter gets paroled and gets his own TV show?
Our law system isn’t perfect, and until it is, we can’t just start killing people. How many times in the last 3 years have we heard of prisoner’s being exonerated due to DNA evidence? Let the guy think and remember what he did, let him live with it and rot with it. If we had the death penalty, we would end up doing what he may do anyway, commit suicide. By putting him to death would be doing him a favor, and I don’t think that he deserves any of those.
I support the death penalty in cases that are particularly heinous, like this one. That said, I think the death penalty in this country is a joke that makes rich men & women out of marginal attorneys. If someone is sentenced to death, they should automatically have their case reviewed by a panel of judges to ensure the verdict and sentence was fair and proper. The execution should then be carried out within weeks or months. This pattern of inmates sitting on death row for years and often decades while lawyers file appeal after appeal is ridiculous. We would have a mad dog put down, and frankly I don’t see the difference.
Who cares what the bible says in a case like this. This crazy monster nut job chopped of a girls head. I say off with his also.
Would you be willing to do the honors? Would you take your children to witness it?
Good Life lesson.
Yes I would…
Let him live in your house then.
an eye for an eye, a tooth for a tooth.
a tooth for a tooth would leave all our oral surgeons/dentist toothless!!
Yep; it would be Tooth or Consequences…
What does the Bible say about it? It says, an eye for an eye.
The bible also says that you shouldnt wear two different kinds of cloth.Hope you are not wearing a cotten shirt with your wool sweater is all Im saying…Kapow!
well, the bible says that I should surely be put to death if I go to work on Sunday. It also says that I should suffer some horrible punishments should i faild to offer my oldest daughter to a Jewish wayfarer, for his overnight company.
shall I continue?
and I am sure the Bible thoroughly contradicts itself on this issue, so I am not sure we oughtta be looking there for guidance
Oh Touche!!!
AMEN!
Are we all done slamming me? Hopefully, and probably not. The fact of the matter is this: The bible say “thou shall not kill”…..that applies to everyone.
Our legal process is not perfect, once it is, I’m all in favor of the death penalty, the problem is, our legal process continues to learn, as we do, which is the intention of the founding father’s. I’m certain that the Founding Father’s did not envision us butchering each other with guns, and other weapons.
Killing someone for a crime committed is “an eye for an eye”, but what happens, if they are wrong?….It only takes one, and it’s been demonstrated, hundreds of times, that the DNA has shown differently (and I’m not talking about OJ)
Lastly, instead of reacting to a crime, why aren’t we doing more to stop it? Like, gun control, domestic assault sentencing and punishment. I guess it’s better to look for the blame and punish immediately, rather than looking for the solutions and stopping the trend. Why do you think that British cops don’t carry guns?…..because they know if they do, the bad guys will as well.
I am steadfast, and honest about my opinion regarding the death penalty. And I ask, ….If we are so civilized and smart, technological and brilliant……then we should be able to identify what the problem areas are. I’d start with the guns. You can scream the 2nd amendment all you want, but people are dying because of them and the constitution was designed to be a living and changing document.
Whatever, go ahead and kill them, but what makes you any better?
I’m not a liberal, but I was taught……out of the 10 commandant’s , that one is important. If we are a civilized society, advanced and progressing, how can killing people, whatever the reason, verify our stated position? I know the bible, and I think that god decided that what he had done, was wrong. and told Moses’s to explain that.
I can’t understand wearhousing people. Done….Next….
“Sane people don’t kill one another”
Ever been involved in a war? Anyways moot point, psychotic or not this guy needs to be locked away.
Good ppoint,I was just thinking the same thing.War is someone going to another persons homeland,and killing them because someone who you will never even meet,says so,,Thats crazy..
If it were not for war, or being able to defend and protect one’s country, we would be speaking Japanese or German. Let’s thank the service men and women for still being able to speak English and live the American way of life. Don’t for a minute think that if the USA was thought to be weak, that it would continue to exist as it would not.
As for murderers, they deserve the death penalty if they murder without provocation by planning and executing or in the commission of a crime. Victims seem to be the ones with no rights—no one knows of their suffering—the ACLU makes sure that their rights supersede the rights of the victims and their families for justice. Bring the death penalty back and reserve it for those whose guilt is proven by hard evidence. This man provided his own hard evidence. Is he sick? There is no doubt that he is cold, heartless and brutal enough to film a beheading of his victim.
The attorney is doing his job in presenting the best defense, anything less and the perpetrator will get off with this. Down deep the attorney probably does not want anything overturned either.
Sane people don’t murder one another, sorry. Of course we would defend our homeland, home and families. We don’t go with a gun or our bare hands and kill another, chop them up, ect. I agree, either way, he must never, never, ever walk free.
I just read where a judge allowed two women to go free after spending a few years in phych center for killing their children, that made me sick. Both children were killed by the hands of their mother. They struggled thru their deaths. He released them to a half-way house saying they were well now. I don’t believe that someone who can take the life out of their own child would ever be well.
What is capital punishment if it isn’t legalized murder in retribution for murder? Maine did sanctimn capital punishment over a century ago, then took a step toward civilization and repealed it.
A quick, clean, merciful death? no way, that’s way to good for him. That’s the trouble with the death penalty, it’s the easy way out. And all you supposed “christians” know that all he has to do is repent his sins and he is good to go.
I say make the prisons a money maker, the Chinese have a thriving organ donation program at their prisons. Time to think outside the box, they are supposed to REPAY society for their crimes, we just need to set up the prison system correctly.
I have to agree, organ donation is a very good idea. I am slightly familiar with the Chineses organ program. I looked into a few years ago. If I ever needed an organ, I wouldn’t wait in the U.S. I would definately pay them for an organ, jus saying it does work. Can’t argue with you on prisoner’s as organ donars.
But,But,But your honor I’m the victim here it wasn’t my fault. Take your punishment and shut up Chad!
Same to his attorney!! You just want a larger paycheck. Wonder if he had done this to one of the attorney’s family members, would the complaints be the same!!
Why don’t we have the death penalty in Maine?
This guy murdered a beautiful young woman in cold blood, he was found guilty by a jury of his peers and a plethora of evidence. There should be no discussion, he is guilty.
reinstate the death penalty, starting with him.
Capital punishment was abolished in Maine in 1887, two years after a botched hanging.
A good petition drive would force a referendum vote…just sayin’.
Where do I sign ?
I’ll sign too!
I’m not sure but maybe spending the rest of your life in jail is worse than dying. I hope so.
not if u r given better care than us law abiding citizens on the outside.and why should we have to have higher taxes just to support these? no death penalty? then leave them in a tent, in any weather,no cable, no gym, no visitation, no medical. food? cold cereal, bread maybe. nothing else. then prison would be worse than death.
You sound like you actually envy those who are in prison.
What is good for the Army is great for our prisoners. I like that Sheriffs idea down in Texas. Army tents. Perfect. They even make those with wood stoves now. They could cut their own fire wood. (Using non-violent prisoners for this). Yes, there are many inmates in jail for fraud, stealing and OUI, they can work with tools. No, I wouldn’t give a murderer an ax and ask him to chop firewood! What does the military call those rehydrated packages of food they are forced to eat, perfect food for them. Cots for beds at best. No canteen to buy luxury items, no tv and no radio’s. I bet the door slows down on revolving. Sure worked for the Texas Sheriff. He says they commit crimes in the next town over.
I agree with you, but the Sheriff you’re referring to was actually in Arizona and he’s currently dealing with much anguish from ‘prison advocates’ , the ACLU and various and sundry other bleeding hearts who claim such treatment of prisoners is inhumane. Baloney, I think it’s a great idea.
He also makes them wear pink uniforms.
He also has non-violent prisoners dying of exposure while they serve their terms
The prisoners should not have committed any crimes!! Plain and simple!! I live in New Mexico for now and I have yet to hear of anyone dying due to exposure in his tent city!! Here people are committing crimes so that they can get medical care that they cannot afford, which stinks!
Do a web search, you’ll find that prisoners have died from exposure in Arpayo’s tent jail, mostly illegal immigrants but that doesn’t matter. It gets over 140 degrees in those tents in the summer and they are not given enough water to stay healthy in that environment.
You haven’t heard about it because the corporate media and right wing media do not want you to hear about it.
I thought of that once I got on the highway and couldn’t edit and drive. Funny how, things come to you when you drive.
I’d love to see a president get in that could do away with the ACLU, I know it can’t happen, but its a dream of mine. They seem useless today.
Why is it every helpful group turns into something gone nuts, like ACLU. Prisoner’s didn’t give their victims any rights, they deserve no rights. They have the right to shut up, and take their punishment. Be lucky they get food.
I thought of that once I got on the highway and couldn’t edit and drive. Funny how, things come to you when you drive.
I’d love to see a president get in that could do away with the ACLU, I know it can’t happen, but its a dream of mine. They seem useless today.
Why is it every helpful group turns into something gone nuts, like ACLU. Prisoner’s didn’t give their victims any rights, they deserve no rights. They have the right to shut up, and take their punishment. Be lucky they get food.
The sheriff is Sheriff Joe and he is in Maricopa County Arizona. If all of the great US of A would follow his footsteps, our country might be in a different state!! Just saying my thoughts!! Look at how low the cost is to feed and house his inmates.
Correct. Bring Joe to Maine for a few years. I think just maybe they wouldn’t revolve so much over here at the county. Around here they prefer piscatiquis county because the chef so much better then sommerset. Oodles of noodles should do them.
If prison is so good why are you not committing crimes to have such great treatment?
Prisoners get better treatment than the elderly in a nursing home. Prisoners get healthcare, hot meals, entertainment, etc. Perhaps they really should be on bread and water.
Only if he has a good cell mate ;-)
Then we have to pay for them.
Watch the old movie”Papillion”,with Steve Mcqueen.Now THATS a prison!
I know how to tie the correct knot.
Electricity works better!
The problem is who is going to spend the money to force the drive. It cries for a money backer. Those items on the ballet usually get there because someone with money paid someone to gather those signatures.
Good Idea! I bet her mother would agree! Do it quick before we get a govenor that pardons him on his way out….. (I’m referring to the 4 murderers released with clean slates today, with full pardons. Got to be that southern water..)
Obviously didn’t learn anything at Liberty………..at least not about fear of the after-life. Maybe Jerry Falwell will give the parents a refund. Highly doubtful.
Highly unlikely since he’s dead.
I don’t think Jerry Falwell, if he was with the living, would give a penny to anyone, even if it was a refund due for a crappy education at his interesting university.
Obviously didn’t learn anything at Liberty………..at least not about fear of the after-life. Maybe Jerry Falwell will give the parents a refund. Highly doubtful.
**************************************************************
That was the gist of his defense…that he was a law-abiding, decent person, a practicing Christian man who was fine until he was involved in a bad motor vehicle accident that caused a verifiable brain injury. It was argued that his brain was so messed up from the accident that he couldn’t understand the results of his actions. His defense is arguing for him to be committed to a mental health institution so he canbe treated…he’s not going to get mental health treatment in prison.
You just have to love these filthy defense attorney’s; ‘It’s unfair for the jury to see EVIDENCE.’ Un-friggin-believable.
How do defense attorney’s sleep at night. Court appointed ones, got to hate your job the day you get a case like that :-(
No conscience and $$$$$$$$$$$$$$$$$$$
He did it. He is guilty. End of story. If there was reason to believe that it was someone else then that is another story but to claim he is not guilty because of a prior auto accident? Not in this lifetime. If the court system cannot incarcerate this man in such a manner that he can be helped then he needs to be incarcerated for the protection of the general public.
Insane or not this guy needs to be locked up for life.
She was beautiful. How sad for her to lose her life at the hands of this crazy. Please keep him in jail FOREVER.
Once again the victim who was brutally murdered gets no say, has no voice. Yet, someone whines that the video taken by the murderer should not have been admissible as evidence. He knew what he was doing and he planned his act of revenge/murder against the victim. He should receive the maximum punishment allowed. Never should he be set free to kill an innocent person again.
Exactly, what gets me is how the attorney implies he didn’t know what he did was wrong because of mental illness…well, if he didn’t know what was right or wrong then why try to hide it….he knew enough to hide the fact which to me says he DID KNOW right from wrong.
Too bad we can’t ask Zoe Sarnacki… I’m sure she would call it right!!
Gurney, 30, was sentenced to 60 years in prison
in March by Cumberland County Superior Court Justice Roland Cole. The
crime, committed against 18-year-old Zoe Sarnacki, took place in May
2009, four years after his Liberty University lacrosse team van crashed
and two days before Gurney was slated to leave for Thailand as part of a
reported spiritual quest.”
““It’s clear Mr. Gurney was not normal “………..
Liberty University………. not normal yeah that all fits together nicely. When will people stop joining cults? Onward Cretin soldiers.
Ms Churchill, your client was on his was to Thailand for a ‘spiritual quest,’ before he was arrested,
so why don’t you use your energies to urge him to do his ‘quest’ behind prison walls? He belongs there, because of his crime of horror. Anything that was in his possession related to the crime SHOULD have been used against him, during the trial! Video … computer messages … etc …etc.
Way too obvious. These laws have made prosecution almost impossible. I can’t imagine being a prosecutor, I would get high blood pressure.
Blame mental illness. no one is this evil -naturally
some one should set him on fire !!! jail is too good last rites and breath are do for this sicko,how would you like to have lunch along side of this guy,he belongs where he put his victim
Well everybody talks about what they feel should be done, and nobody does it. I suggest that you find some way to do just what you are proposing. Then we’ll figure out what we’ll do with someone like you. Talk is cheap.
I am sick and tired of hearing about criminals rights! In a case like this he has absolutely no rights . We shouldn’t waist one single tax payer dollar defending, prosecuting or supporting this scum bag. He should be executed instantly and his layer and anyone who thinks like him should be put in jail until he or she smartens up.
An attorney’s oath is to never ever allow evidence to be admitted that will prove his/her clients guilt. They, unlike the rest of us, have no interest in justice and closure – they only want to win.
I am sorry but there are too many laws to protect the rights of scum like this! Do you know how many violent criminals walk because evidence was not allowed to be presented? And in many of these cases someone else was murdered.
Gurney was heading to Thailand for some spiritual cleansing. Uh huh. I am guessing he was going for the “culture”. One night in Bangkok…
I have a search warrant for your home/apt/possessions…That includes your greasy dumbphone and laptop…
I sure hope the state puts together a “game plan” for what he will do when he’s released….
Insane or not this guy did it, it does not matter to him, but to us as a community it should and I hope does. Sixty years in jail is more than reasonible after all, the young lady won’t be 80 years old when he gets out, she’ll be 60 years dead.
I don’t care HOW they got their evidence. It’s there, he’s crazy. NOt that crazy should be a reason to get off with a lesser charge, but who besides a CRAZY person would do that?? Seriously? He needs to be locked up, and don’t bother putting him on the stupid sucide watch. If he chooses to kill himself for any reason, consider it a bonus.
well… when someone plants drugs and guns in your car and underwear drawer because they want YOU out of the neighborhood, or out of whatever business you are in, you might change your mind
I guess I would wonder why someone would want me out so badly and then wonder why I would want to stay somewhere where I wasn’t wanted…
rusjan i’m definately not a bible expert, and don’t claim to be, but isn’t there something about an eye for an eye???
Maine should have the death penalty especially for cases like this.
Zoe Sarnacki and I knew each other growing up in the Portland area and this crime is repulsive given her kind demeanor. Gurney deserves the solitude of a prison cell for the rest of his days. Hopefully the courts allow justice to be done.
whatever, the outcome is the same. One insane human being killing another…………lock him up for the rest of his life so he doesn’t do it again. Anything that is out of the normal should be permissable in court. It shouldn’t be a game to the lawyers. It should be about what to do with someone like this. Very sad for all the families.
I’m glad his insanity defense was rejected, he is a monster.
The moral here is ;
young ladies, avoid entitled jocks.
He suffered from a mental illness so bad the he decapitated this young girl — But, he was well enough to go off to Thailand for a “spriritual quest”? Unbelievable…if he could plan a trip to this degree than he certainly was in the right frame of mind to plan out other deeds that he carried out.
The issue is f course he is ill…..sane people dont do sh!! like this. The whole insanity plea is crap. If they are insane they should be dead.
I have to give the Chinese credit….when it comes to crime. Millions of tax-payers money wasted each year on housing rapists/murderers? No…
Millions of tax-payers money wasted on drawn out legal battles? No..
Hundreds of tax-payers dollars spent on 762×39 rounds ( AK47 ) each year? Yes…
Why?
Within 2 weeks of sentencing, the criminals are marched down to a special area outside,
where two soldiers hold each felons arms outstretched, and, another puts a round through the back of the felon’s head.
Done.
Mind you…the Russians do a similar thing. Once convicted to death, they march you out of the courtroom, down a corridor, into a cell…and…someone puts a pistol round behind your left ear. Why waste millions and millions of dollars, on some cretin who took another’s life, housing/feeding/caring for them at our expense? Sod that….
Squeeze the trigger I say..
I’m glad you like these procedures. These ideas work well to handle criminal issues in countries like China and Iran. They don’t have trouble with dissidents either, or protesters…just shoot ’em.
Since you don’t like the way our imperfect American justice system malfunctions at times, why don’t you emigrate to one of those favorite countries of yours?
If there were EVER a case for the death penalty, by God, this is it!!!
Hang him or better yet…an eye for an eye. In this case – a head for a head! ha ha!
The back story to this Officer friendly infomercial for the Bangor Police dept is the close relationship
Police Chief Gastia has with the FBI after he went through FBI training recently and is a graduate of the FBI Academy.
see
http://kennebecvalleypodium.forumotion.com/t3183-bangor-chief-returns-from-fbi-academy
The FBI decided to create the Adopt A School program along with its other citizen indoctrination programs including the Infra Gard and Citizen Academies.
These programs were created with an eye towards the FBI realizing it needed to become pro active after evidence surfaced they had been involved with the Kennedy – King assassinations , pedophilia, voter fraud and the creation of the 1993 1st World Trade Center bombing and Oklahoma City bombing.
see
http://www.fbi.gov/about-us/partnerships_and_outreach/community_outreach/adopt
http://infragard-me.org/news.cfm
http://www.fbi.gov/newyork/press-releases/2010/nyfo112910-1.htm
The FBI knows teachers will not introduce critical thinking into their students by creating a diverse study plan that includes looking at the history of crimes committed by FBI agents.
The FBI and the Bangor Police now have their foot in the door of your child’s classroom.
Teachers say there are not material dealing with crimes committed by FBI agents and they also do not want to loose their job. I say click the link.
http://www.rigorousintuition.ca/board2/viewtopic.php?f=33&t=29177
You still don’t get it do you?
http://www.nj.com/news/index.ssf/2012/01/retired_nutley_dea_agent_arres.html
Retired DEA Agent Charged in Sexual Assault of Underaged, Mentally Handicapped Girl
Authorities on Thursday arrested a retired DEA agent who allegedly sexually abused an underage, developmentally-delayed girl for almost five years in Nutley, N.J., reports the website NJ.com.
The 71-year-old Thomas Sheehan was arrested at his home.
“It is alleged Sheehan sexually abused the girl starting from the time she was 12 years old
if he killed her then it sure should be seen.he did a grouseum thing and needs to be punished but to do it effectively,they need to see what he did.
I forgot, which Hanson brother is he? Steve, Jack or Jeff?
Lets make the attorneys financially responsible for defendants who are let off on a technicality. That way , if the atty truly believes in his client he can put his money where his mouth is. Innocent men don’t recommit crimes. Therefore if another crime is comitted by the same person, the guilty goes to jail and the atty. pays the restitution
What space do we have in society for people like him? Do you want him to live IN society where he can be near your family? How much room do we have to keep insane people like him locked up? Who wants to pay for him for the rest of his life? I don’t.