PORTLAND, Maine — The Maine Supreme Judicial Court on Tuesday unanimously upheld the triple murder and arson convictions of Randall Daluz in the August 2012 deaths of two men and a woman in what prosecutors called a drug deal gone bad.
An attorney for Daluz argued before justices in May that repeated references to race made about Daluz, an African-American, by his co-defendant’s attorney at the men’s joint murder trial were so egregious that he should have been granted a new trial.
“We conclude that the court did not abuse its discretion in denying the motion for a new trial, because the comments did not constitute obvious errors affecting Daluz’s substantial rights, and the cumulative effect of the comments did not deprive Daluz of a fair trial,” Justice Donald Alexander wrote in the 32-page decision.
The justices also ruled that Superior Court Justice William Anderson’s decision to hold one trial rather than two was the proper one.
Daluz, 38, of Brockton, Massachusetts, is serving three life sentences for his role in the incident that left three young people dead in Bangor, their bodies burned beyond recognition.
He 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.
Attorney Jamesa Drake of Auburn, who did not represent Daluz at his trial, 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 Toothaker’s references during his closing argument to Daluz’s decision to stay silent compared to Sexton’s testimony was “pernicious.”
“We are disappointed in the outcome, but we are pleased that the Law Court reiterated that racially biased statements — whether made by a prosecutor or defense counsel — have no place in court,” Drake said Tuesday in an email. “We expect courts in the future to scrupulously guard against such statements.”
Assistant Attorney General 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 there was ample evidence for the jury to find Daluz guilty on three counts of murder.
“The state is very happy with the Law Court’s thorough, well-reasoned decision concerning Mr. Daluz,” Deputy Assistant Attorney General Lisa Marchese said Tuesday. “We agree with the court’s findings that defense counsel’s comments were unfortunate but did not violate the defendant’s rights.”
Marchese said she also was pleased with the ruling that the defendants were properly tried together rather than 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 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.