BANGOR, Maine — A Superior Court judge will deliver his verdict this week in the jury-waived murder trial of a Bangor woman accused of using a bat, razor, pliers and other implements to brutally attack her husband in the couple’s Union Street apartment nearly three years ago.
Justice E. Allen Hunter has set 1 p.m. Friday at the Penobscot Judicial Center for the reading of his written decision in the case of Roxanne Jeskey, 50. The trial was held in December and January.
Jeskey pleaded not guilty by reason of insanity to the June 12, 2011, death of her 53-year-old husband, Richard “Rick” Jeskey. Her attorneys, Joseph Baldacci and David Bate, both of Bangor, argued that she is not criminally responsible for his death. They also argued in written closing statements that if she is guilty of a crime, it is manslaughter, not murder.
Experts gave conflicting testimony at Jeskey ’ s trial about whether she knew right from wrong the night she allegedly beat and strangled her husband. That is the standard the judge must use to determine if she is not guilty by reason of insanity. Under Maine law, whether Jeskey was able to engage in “goal-directed behavior” is a factor the judge must consider.
Prosecution and defense experts testified that Jeskey’s cognitive skills and memory are impaired due to the removal of a brain tumor 10 years ago. She was found competent to stand trial by Hunter and Superior Court Justice Ann Murray, who later recused herself from the case. The attorneys also argued that Jeskey acted in self-defense.
Assistant Attorneys General Leane Zainea and Deb Cashman said in their written closing arguments that Rick Jeskey suffered genital injuries, a burn mark and a fracture to his hyoid bone that occurred as a result of strangulation.
“Clearly, that type of injury occurs when it is a person’s conscious objective to cause death or that is practically certain that manual strangulation will cause death,” Zainea and Cashman said. “This injury alone supports a finding of intentional or knowing conduct.”
Attorneys on both sides declined Tuesday to comment on the case.
Hunter’s announcement of his decision most likely has been delayed by the involvement of Cashman and Bate in the month-long murder trial of Nicholas Sexton, 33, of Warwick, Rhode Island, and Randall Daluz, 36, of Brockton, Massachusetts, accused of killing three people then setting the car they were in on fire to cover up evidence.
Cashman has prosecuted the case with Assistant Attorney General Lisa Marchese. Bate has represented Sexton along with Jeffrey Toothaker of Ellsworth.
Jeskey, who has no prior criminal history, faces between 25 years and life in prison if convicted of murder. A manslaughter conviction carries a maximum sentence of 30 years in prison. If found not guilty by reason of insanity, she would be committed to Riverview Psychiatric Hospital in Augusta until the staff deemed her no longer a danger to the community.
If you or someone you know is experiencing domestic violence and would like to talk with an advocate, call 866-834-4357, TRS 800-787-3224. This free, confidential service is available 24/7 and is accessible from anywhere in Maine.