BANGOR, Maine — A man convicted 52 years ago of strangling his pregnant wife and setting their house on fire is seeking to have the federal courts order his release.
But a federal magistrate has recommended his request be denied.
U.S. Magistrate Judge Margaret Kravchuk said in a Feb. 23 recommendation that Gaylon Wardwell’s claim should be denied because he did not exhaust possible remedies within the state court system. She also noted he missed the deadline for filing a response.
Wardwell argued in a letter filed April 24 with U.S. District Court in Bangor that he is awaiting the appointment of a lawyer to help him with his possible appeal to the 1st Circuit Court of Appeals. Wardwell claims his parole terminated more than a decade ago and that he should no longer be held in prison.
Wardwell was convicted in 1960 of murder for strangling his pregnant wife Anita Wardwell and then setting fire to their home in Woodland. News reports initially called Wardwell a hero for rescuing two of his children and attempting to go back in the house to save his wife during the March 1960 fire. He later confessed to investigators that he had strangled his 24-year-old wife during an argument, then doused her body with kerosene and set her on fire. The couple’s 15-month-old son Joseph also died in the fire.
Gaylon Wardwell, who was 25 years old when the crime occurred, was sentenced to life in prison. Maine had a parole system at the time in which convicted criminals could go before parole boards to seek release.
Wardwell was released from prison in April 1973 with the condition that he refrain from new criminal conduct. He also was barred from returning to Aroostook County.
In November 2000, Wardwell was convicted of unlawful sexual contact involving a 7-year-old girl in Mechanic Falls. The parole board ordered him back in prison for at least five years after a hearing in November 2001, and denied his release in 2006. He was scheduled for another parole hearing in November 2011 when he filed his federal lawsuit. A new parole hearing is scheduled for May 17, according to Maine Department of Corrections Public Affairs coordinator Judy Plummer.
Wardwell claims in his federal lawsuit that his life sentence was terminated when he was released on parole in 1973, and therefore he has been held illegally and the parole board has no further authority over his case. The state disagreed with that argument, as did Magistrate Kravchuk.
The Maine Legislature and governor eliminated parole in 1976, but people convicted under that system remain under its jurisdiction.
I’ld rather continue to pay his room & board for the rest of his pitiful life than have him out on the streets. Sounds like he blew his second chance & a child paid the price .
Well said and what a horrific price the child paid.
What he should have done is not engaged in anymore criminal activity.
not feasible
He’s old. But that doesn’t make him a sympathetic character by any means. Two murders, one arson, and one child rape that we know of. Who wants to know what else this guy is still capable of doing?
more than you will ever know., trust me…
Angel, you shuld contact Fox News Bill O’Reilly on the O’Reilly Factor will help!Life should mean Life! And O’Reilly puts an end to all child sex offenders!
If you want a more public example of this type of crazy, well, just go look at Manson in California. Right up until his last hearing ole’ Charlie kept telling the State Parole Board that if he ever got out he would right back to his old ways of trying to start a race war and kill anyone he thought was against him. California had the gut’s to make the decision and make it stick that this monster would never get out. One hopes that Maine has the same courage to weigh the Court’s decision regarding public safety against this guy’s claim of illegal detention and rule accordingly. Me personally, I’d put him in the cell and just weld the door shut. But then I was a LEO and saw far too often the result’s of these type’s being released in the name of civil right’s.
Children, as victim’s, don’t know squat about their civil right’s. That’s what parent’s are supposed to be for and to protect. Angel, in this case, on behalf of the ‘community’ I am so sorry that we weren’t able to do a better job for you. Please, get in your elected official’s face and stay there to get these law’s changed so that society has the tool’s to protect our kid’s from monster’s like this. That’s how MADD got started, how Megan’s Law got passed and, now that Anthony is ‘out’, Florida’s Missing Child Required Reporting act is being moved thru their legislature. Sometime’s it does take a village !
Does anyone know where I would begin? Who in this state would take this serious? who would make sure that the truth is heard? Who would actually have that “power” to make such a choice? and How do I go about it, while protecting the privacy of my family (children)? After murdering 2 1/2 people, and arson he was out in 15years. I am torn because I know that if he didnt get out I wouldnt be here today, he got out in 1973, and I was born in 1974. So I sit here today convinced that he needs to stay there, I just dont know what it is I can do. Any advice would be welcomed, or voices that will hear me. Thank you all for your comments and best wishes.
52 years? He did a horrible thing. But if the state can prove that he wont re-offend.. I dont see any reason to hold him. Each prisoner cost’s us tax payers money. I pay my taxes just like any body else, but if he’s still a danger t0 society, keep him. After 52 years i’m pretty sure he’s become institutionalized. Kinda funny a woman can walk into a “Facility” and terminate a pregnancy, but if somebody were to kill that same pregnant woman, they’d be charged with double murder.
The system is corrupt. If this man can be proven to have paid his debt to society (52 years is a LONG time) I say let him go.. (A lot of people will disagree with this)
But let the man see the trees and the birds before his “pencil runs out of lead.”
You can put these “monsters” in a cage with other “monsters” but what good is that going to do.. when you place them all in a cage. I agree, people like this man, for what he did, should pay the price, but half a century? If anything, its making that person crazier. Idk.. its an open ended thought.
But he still did it.
Did you read the article? He served only 13 years of a life sentence (not 52) and then released on parole as long as he didn’t engage in criminal conduct. The he went and sexually touched a 7 year old! I don’t know how a person who murdered two people could be released after such a short time, but since he went and messed up big time, there’s no way he should get a second chance.
thats why he should have been exterminated…
This man is my biological father, and as his daughter I feel he needs to stay there. He has hurt many people in the 30 years he was out enjoying the trees. He is a sexual predator and has many issues. Yes this happened a long time ago, but my half siblings lost their mother and 2 siblings. The murdered did not have time to enjoy the blue skies, a lot of people have suffered for the last 50 years, I am sorry that the tax payers have to pay, but he is not safe out on the streets. The family of the little girl is so afraid he will get out and come hurt them. Whats the worst that would happen, they would put him back in. He is capable of murder, arson and sexual abuse…At his age prison would not look that bad for revenge. He is my blood and I want people safe.
Very brave of you Angel to come forward like this. Thank you.
Thank you, I just hope someone can make sure he stays where he is at
Wow Angel, your statement speaks for itself. Apparently he didn’t learn. Sorry you had to go through so much. May god bless you, and your family.
Sorry for your pain Angel and the pain of your family. Also the unimaginable pain of a small child and her family. Thank you for sharing it so maybe people understand that not everyone deserves a third chance. I believe no one knows better than you what he is like and I hope you go to the hearing and testify to try to save others (or the same people) from more harm and pain. Best of luck to you and your family and friends.
I didn’t know if you knew, but he was out for 30 years, he did 15 yrs then out 30 and back in for the last 12. I just thought Id let you know, to clear things up.
I must of read it wrong. I thought he was in there for a lot longer. Geesh, you’d think 15 years would teach most people. Guess he didn’t learn his lesson the first time. Or the second..
He’s mentally ill. There’s no teaching someone like that.
You didn’t read the article right. He was released in 1973.
He has not been there 52 years. He served from 1960 to 1973. So 13 years served, then paroled, then 2000 crime, because of grandfathered parole he got 5 more years for the murder. Now been in prison since around 2000 is 12 years so that is about 30 years or so in prison. He is lucky cause if he had committed murder in a state with execution he would have been long dead too ,or life with no parole and a 7 year old would not have been a sexual assault in her past. He murdered his wife and child, harmed a 7 year old so he made this bed and now must lie on those dirty sheets.
the state cannot prove that he won’t reoffend. these people cannot be rehabilitated. its been proven over and over again. let him out and he’ll rape another child.
Can you bring back his victims? Did they not pay the ultimate price 52 years ago? I say let this man spend the rest of his days inside prison. That was his sentence.
This is what is a waste of time in the court system. He took two lifes and let him set there until he expires. Fare is fare
I’d say 3 lives. And a big chunk of a 4th. He seems well suited to remain at his current address.
The article says nothing about him being tried for his crime against the child, just that he was jailed for violating his parole. Is it too late to prosecute him for (if he wasn’t before), & keep him jailed that way? Just a thought…
Nevermind, just reread the article. I see that he was convicted of that crime. I hope that they are able to keep him in jail!
he served aprox, only 7 months for the sexual assault.
Wow. So sorry for the pain he has caused you and your half siblings. I do hope he will be staying in jail for a long, long time. He is of no use to society. Again, so sorry.
He served thirteen years for murdering two people, including a baby.
Unreal.
He should be swinging in the wind.
throw away the key
This guy is a career criminal and needs to stay locked up.
If released, the chances are that he’d just commit more crime.
If you know the history of this matter it was only after the District Attorney at that time had the victim exhumed and an autopsy done that the crime was uncovered. People had come forward with information about Mr. Wardwell that led to the request for an exhumation from the Court .
I just sent a letter/e-mail to the governor, who knows if he will even get it. Any ideas on who to voice my truth will be gladly accepted. Thank you all again for your support.
If anyone is interested in learning more about his case, check out this site http://174.123.24.242/leagle/xmlResult.aspx?xmldoc=19621079183A2d896_11073.xml&docbase=CSLWAR1-1950-1985 This is the case and charge from 1960.
Life should mean life! And he should have been sentenced to all three of them. She was several months pregnant 8 months I believe….
shocked to hear this again after all these yrs….i agree..they need to keep him there for rest of his life for what he did to his family….his wife was my sister…she didnt have a choice…or chance to live her life or her children…..why should he
Sorry pal… we can’t find the key.
Anita was my sister, I remember that horrible night the rest of my life. What about Joseph 15 months oldat the time. He was in his crib to die of smoke inhalationand flames. That has haunted me all my life. You can go to any Law Library and look it up (1960)
I am so sorry for your loss.
Sometimes there is a reason for the death penalty. Its just that its gets so screwed up by bureaucracy.
Just WHO did you have for a lawyer counsel, Mr. Wardwell? Tell us, so nobody won’t hire him!