March 29, 2024
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Lawyer requests third trial for Thongsavanh

LEWISTON – A lawyer for a man convicted of murdering a Bates College student is asking for a new trial, arguing that the judge erred in failing to give jurors the option of convicting Brandon Thongsavanh of manslaughter.

“This issue is a 600-pound gorilla,” said defense lawyer David Van Dyke, whose motion seeks a third trial for Thongsavanh.

Deputy Attorney General Bill Stokes, who heads the criminal division, said the motion was not unexpected. He declined further comment.

Thongsavanh has been convicted twice in the fatal stabbing of Bates senior Morgan McDuffee in a street fight early on March 3, 2002.

After the first trial in Androscoggin County, the conviction was thrown out by the state supreme court, which ruled that jurors shouldn’t have heard about an offensive T-shirt Thongsavanh was wearing on the night of the killing.

The second trial was held in Cumberland County, where Superior Court jurors deliberated 14 hours over three days before convicting Thongsavanh of murder.

Van Dyke contends that jurors should have been told they had the option of finding Thongsavanh guilty of criminally negligent manslaughter. A manslaughter conviction would typically draw a sentence of 30 years.

Assistant Attorney General Lisa Marchese has said she intends to ask for a sentence of at least 58 years, the sentence Thongsavanh received after his first murder conviction.

In his motion, Van Dyke noted that co-counsel Scott Lynch specifically asked for a jury instruction that included the possibility that jurors could find Thongsavanh guilty of manslaughter instead of murder.

Justice Ellen Gorman is expected to hear arguments on Van Dyke’s motion before Thongsavanh’s sentencing on Nov. 21.

If Gorman denies the motion, Van Dyke said he could take the appeal once again to the state supreme court.

Correction: A shorter version of this article appeared in the Coastal and Final editions and on page B8 in the Final edition.

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