ALFRED — An Acton woman charged with intentional and knowing murder in connection with the stabbing death of her former husband a year ago is asking the court to suppress evidence in the case.
As well, Kandee Weyland, 46, through her attorney Molly Butler Bailey, is asking the court to allow her to have contact with her two minor children, by letter.
According to documents on file at York County Superior Court, the two children allegedly witnessed the Feb. 22 stabbing of their father, Scott Weyland, in the driveway of the home where he was living. An autopsy revealed he died of a stab wound to the chest, with penetration of the heart.
The motion to allow Weyland to correspond with her children is set for 9 a.m. Friday.
The contact with the children by letter would take place at the discretion of the Department of Health and Human Services, which according to the motion supports the contact as long as the letters are screened by the children’s caseworker or counselor. According to the motion, the state objects to the plan.
The second motion, in which Kandee Weyland alleges she wasn’t immediately read her Miranda rights prior to questioning by police, thus violating her Constitutional rights, is set for 1 p.m. Feb. 13.
The motion to suppress evidence alleges that no Miranda warning was explained to Weyland at the beginning of questioning by Maine State Police detectives that took place on Feb. 22, the day her former husband died. The motion claims that when she was informed of her right to counsel “in the midst” of questioning, Kandee Weyland immediately said she wanted a lawyer.
“Defendant’s request was not honored, and questioning of defendant continued,” the motion alleges. Weyland then made an additional request to remain silent, stating “I don’t wanna talk anymore,” the court document states.
The notion to suppress claims police violated Weyland’s fifth amendment rights by failing to honor her request for counsel and her request to remain silent.
Weyland entered a not guilty plea to the murder charge in May and remains in custody pending trial, currently scheduled for September.
The couple’s divorce had been finalized on Feb. 17. Kandee Weyland allegedly received notice of the finalization, which awarded primary physical custody of their two children to Scott Weyland, a few days later.
In the divorce judgement, District Court Judge Michael P. Cantara wrote that Kandee Weyland’s living arrangements were such that she was in danger of becoming homeless. The home was in foreclosure, the boiler had failed, the basement had flooded and the home, the judge wrote, was in a cluttered and unclean condition. As well, he wrote that Kandee Weyland’s physician indicated she struggled with symptoms of post traumatic stress disorder, recurrent depression and anxiety with panic attacks.
Kandee and Scott Weyland had previously filed protection from abuse orders against each other.
According to the affidavit prepared by Maine State Police Detective Corey Pike, one of the couple’s children called 911 at 12:55 p.m. on Feb. 22 telling dispatchers his mother had just stabbed his father in the chest.
Nine minutes later, York County Sheriff’s Office Deputy Tom Searway arrived at 1097 Milton Mills Road in Acton, where Scott Weyland had been living with his mother. Searway allegedly found Kandee Weyland administering CPR to her former husband outside on the ground. She was crying hysterically, and allegedly told Searway that she had stabbed her ex-husband in the chest, and that he had pulled out a knife as well.
According to the affidavit, Kandee Weyland told Searway that she had both of their children in the car with her when she pulled into the driveway and crashed into the pick-up truck parked there and that she and Scott had a confrontation.
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