PORTLAND, Maine — The Maine Supreme Judicial Court this month will consider the appeals of three men in unrelated cases for their roles in the deaths of three adults and an infant.
Justices are scheduled to hear back-to-back oral arguments the morning of Wednesday, Sept. 12, from attorneys representing Garrett Cheney, 24, of South Berwick, Nathaneal Nightingale, 34, of Burlington and Nicklas Jones, 20, of Limestone.
Cheney was convicted by a jury July 28, 2011, of manslaughter, aggravated criminal operating under the influence of intoxicants, leaving the scene of an accident and criminal operating under the influence of intoxicants in connection with the Jan. 30, 2010, hit-and-run death of University of Maine student Jordyn Bakley, 20, of Camden. He was sentenced to 15 years in prison with all but seven suspended and four years of probation.
Nightingale was charged with murder in the shooting deaths of a Webster Plantation couple who ran a pawnshop and loan operation out of their trailer, according to court documents. On May 31, 2011, a Penobscot County jury found Nightingale guilty of manslaughter, not murder, in the death of Michael Miller Sr. but found him guilty of intentional or knowing murder for the death of Valerie Miller, both 47, of Webster Plantation. He was sentenced to 40 years in prison on the murder charge and 15 years for manslaughter, with the sentences to be served concurrently.
Jones last year entered a conditional guilty plea to manslaughter in the April 2009 death of his 3-month-old daughter, Jocelyn Jones. He was sentenced in December to 15 years in prison with all but six suspended and four years probation for throwing the child into her crib. The infant died of blunt force trauma to the head, according to court documents.
The girl’s father, who was 17 when the girl died but was dealt with by the court system as an adult, is free on bail pending the outcome of his appeal.
Cheney’s appeal challenged several decisions made by Justice William Anderson during the trial, including his decision to allow testimony to continue after jurors were approached by a man who urged them to convict Cheney and said, “don’t pull a Casey Anthony on us.”
Casey Anthony on July 5, 2011, was found not guilty of murdering her toddler by a jury in Florida. The outrage over that verdict still was being reported by the media when Cheney’s trial began less than two weeks later on July 18, 2011, Timothy Zerillo, the Portland attorney handling Cheney’s appeal, argued in his brief.
Nightingale and Jones’ appeals, filed by their respective attorneys, Hunter Tzovarras of Bangor and Matthew Hunter of Presque Isle, concerned the denial of pretrial motions to suppress statements they made to the police. Attorneys for both men argued in their briefs that the neither defendant had been Mirandized — advised of his right against self-incrimination — before confessing to investigators.
In addition to appealing the motion to suppress, Jones appealed a judge’s decision to treat him as an adult rather than as a juvenile.
If their convictions were to be overturned, Cheney and Nightingale’s cases would be sent back to Justice William Anderson, who presided over both men’s trial and sentenced them, for further proceedings at the Penobscot Judicial Center in Bangor.
If Jones were to win his appeal, it would be sent back to Aroostook County Superior Court in Caribou.
Jones belongs behind bars…way behind bars for killing his daughter. I hope he has nightmares about that act everytime he closes his eyes. Being 17 is not an excuse for taking the life of a child that had not yet had the chance to enjoy hers. He killed his own child and only got SIX years??? This is a travesty and shows how rediculous Maine Courts are. If any of these three men’s sentences are reduced further, it will send yet another message acrossed State lines that if you want to take the life of someone, bring them on up here to Maine cause you can get away with it.
I 100% agree it seems like they go into court thinking please feel sorry 4 me what about the life they took its BS
I am NOT supporting any of the acts by these men, including Jones, who was tried as an adult. But I will say, if any relative of mine were accused of any crime as serious as these, guilty or innocent, I would hope they would be treated fairly and according to the Constitution of this land. So if judicial errors may have been made in any of the these cases, then they do deserve to have a new trial. It seems to me, all three will likely end the same, anyway.
Sometimes, being responsible for a crime and being legally guilty are different things. The police and DA and the judges and juries all need to play by the rules, to keep our communities and all its citizens safe. It is the job of a defense lawyer to make sure all the actors are kept honest and each defendant gets a FAIR trial.
The fact that at least 2 of them confessed should nullify any right to an appeal. They are admittedly guilty, and an appeal is a waste of time, money, and resources. Maine needs the death penalty.
JC,
From reading your other posts I recall you have children as well. How anyone can harm or kill a child is beyond anything I can comprehend. I wish we lived in a world where it really was and eye for an eye. I think the world would be a safer place.
This Cheney kid is another one that should get what he delivered. Some time behind bars isn’t close to what he did to her or her family.
Your absolutely right Bush, and yes, i have two boys. The fact that this punk is even trying to get the measly six year sentence he was given reduced further completely sickens me..I would love a chance to throw him against the side of a crib…Eye for an eye..Your damn tootin.
I know Jones’ brother, and if he is anything like his brother, he is a pathalogical liar and probably did it.
Doesn’t Cheney, look like Dustin Pedroia? They both have that Skeletor nose.
What a waste of court dollars. Keep them in jail for good.
Keeping them in jail for good sure wastes a lot of taxpayer dollars, 04401! Years and years and years worth …
Oh for goodness sake. The death penalty does not solve anything, and adds another layer of expense to an already expensive system. Every time the BDN publishes a story on heinous crimes (which I am in no way excusing or defending) ignorant people pipe up in support of captital punishment, which most modern nations have for good reason abolished.
Again, not defending awful crimes, but have you ever heard of a coerced confession? Raysgirl is absolutely right. Without due process for everyone, none of us are safe.
What a crock. Capital punishment may be expensive but you know what, you eliminate the gene pool that are comitting these awful crimes against other people. The death penalty would solve a lot for the grieving families. I would say let them throw the switch on ol sparky and have it open to watch. The sight of people getting fried would slow down these types of crimes.
And it cuts way back on re-offenders.