A York County man convicted of murdering his grandmother is now asking a judge to reduce his life sentence.
Darcy Daniels said three years ago a jury found her nephew Derek Poulin guilty of using a golf club, wrench and knife to kill her mother, Patricia Noel, who was also Poulin’s grandmother, in her Old Orchard Beach home.
A jury also found him guilty of arson for setting her house on fire in an attempt to cover up the crime.
The judge sentenced Poulin to life in prison.
“He brutally beat and stabbed my mother,” Daniels said. “And he should pay for that.”
But now Poulin is appealing his sentence.
Poulin’s attorney, Chris Nielsen, filed a brief arguing the judge failed to consider Poulin’s age, mental health and his absence of any criminal history at sentencing, which he said constitutes cruel and unusual punishment.
The judge declared Poulin competent to stand trial.
Poulin’s attorney also filed a brief for the trial judge to recuse himself from hearing the sentencing appeal.
Prosecutors countered with their own motion to dismiss this appeal.
Poulin’s attorney and prosecutors will argue the merits of those appeals on July 10 at the York County Courthouse in Alfred.
Follow the Bangor Daily News on Facebook for the latest Maine news.