BANGOR, Maine — The Maine Supreme Judicial Court this week will consider the appeals of two convicted killers in separate cases when justices convene in Bangor at the Penobscot Judicial Center.
Randall Daluz, who is serving three life sentences for his role in a drug deal gone bad, and Roxanne Jeskey, who is serving a 50-year sentence for the savage slaying of her husband, are seeking new trials. Daluz’s appeal will be heard at 3:10 p.m. Tuesday. Jeskey’s will be heard at 2:20 p.m. Wednesday.
Daluz, 38, of Brockton, Massachusetts, was sentenced on July 28, 2015, at the Penobscot Judicial Center along with his co-defendant Nicholas Sexton, 35, of Warwick, Rhode Island, in connection with the deaths of Nicolle Lugdon, 24, of Eddington, Daniel Borders, 26, of Hermon and Lucas Tuscano, 28, of Bradford in August 2012.
Sexton and Daluz were tried together before a jury in May 2014. Jurors found Daluz guilty on three counts of murder and one count of arson after a monthlong trial. After deliberating for nearly 45 hours over five days, jurors found Sexton guilty of the murder of Lugdon and of arson, but they could not reach a verdict on the murder counts in connection with the deaths of Borders and Tuscano.
Jamesa Drake, who is representing Daluz in his appeal, argued in her briefs that Sexton’s attorney, Jeffrey Toothaker of Ellsworth, made improper statements in his closing arguments about Daluz’s decision not to testify and about the defendant’s race. The attorney also claimed Sexton and Daluz should have been tried separately.
Daluz is in the custody of the Maine Department of Corrections but is being boarded at the Massachusetts’ Correctional Institution — Cedar Junction in South Walpole, Massachusetts, according to information posted on his religious blog. The Department of Corrections has declined to explain why Daluz was moved from the Maine State Prison in Warren citing privacy issues.
Sexton, who has not joined Daluz in the appeal, was sentenced to 70 years in prison on one count of murder to be followed by 20 years in prison on one count of arson. He is being held at Maine State Prison. His earliest possible release date is Jan. 21, 2098, according to the DOC’s inmate locator website.
Jeskey, 52, is serving a 50-year sentence at the Maine Correctional Center in Windham for the murder of her husband, Richard Jeskey, 53, of Bangor, on June 13, 2011. Her earliest possible release date is Oct. 23, 2054, according to information posted on the Department of Corrections’ inmate locator.
Richard Jeskey suffered extensive multiple blunt and sharp force injuries to the head, neck, torso, limbs and genitalia, according to a previously published report. He also was strangled with sufficient force to break the hyoid bone of his neck.
The hyoid bone is the bone located at the top of the neck under the chin.
Superior Court Justice E. Allan Hunter concluded the injuries were inflicted with a plastic baseball bat, razor, wooden and metal rods from broken towel racks, a pair of needle-nosed pliers and perhaps other implements.
Jeskey pleaded not guilty by reason of insanity to the charge but twice was found competent to stand trial. She was found guilty May 30, 2014, of intentional and knowing murder and depraved indifference murder in connection with the death.
Her jury-waived trial was held before Hunter in December and January.
Jeskey’s attorney, Joseph Baldacci of Bangor, argued in his brief that there was insufficient evidence for Hunter to find Jeskey guilty of murder because she suffered from a severe abnormal condition of the mind the night she bludgeoned her husband. Baldacci also argued that Hunter should have considered manslaughter as an alternative to murder.
Assistant Attorney General Donald Macomber said in his brief that sufficient evidence was presented to find Jeskey guilty of murder and to determine that she was not insane when she killed her husband.
Live audio of oral arguments will be streamed live on the court’s website at courts.maine.gov.