BANGOR, Maine — The repeated references to race made about Randall Daluz by his co-defendant’s attorney at the men’s joint murder trial were so egregious that Daluz should be granted a new trial, his attorney told the Maine Supreme Judicial Court on Tuesday.
Daluz, an African-American, is serving three life sentences for his role in what police called a drug deal gone bad that left three young people dead, their bodies burned beyond recognition.
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.
Sexton did not join Daluz in the appeal.
Jamesa Drake of Auburn, 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.
“The repeated racial comments, which were part of a carefully considered theme that placed before jurors the unfortunate stereotype that black men are violent or have violent tendencies, should not have been allowed,” Drake told the justices.
She also said that Toothaker’s references during his closing argument to Daluz’s decision to stay silent compared to Sexton’s testimony was “pernicious.”
Assistant Attorney Leanne Robbin argued for the state that Toothaker’s racial references were “sort of half baked” and “thrown out there” without a lot of forethought. She also said that there was ample evidence for the jury to find Daluz guilty on three counts of murder.
There is no timetable under which the court must issue a decision.
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 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 Department of Corrections’ inmate locator website.