PORTLAND – One witness at the murder trial of Brandon Thongsavanh testified Wednesday that the defendant was playing with a knife hours before the slaying of Morgan McDuffee.
Another said he overheard Thongsavanh say in jail, “‘it felt good to ice that kid.'”
The 22-year-old Lewiston man accused of killing the Bates College senior during a fight on Main Street in Lewiston more than three years ago sat quietly listening.
Thongsavanh is being tried a second time in the March 3, 2002, death of McDuffee, 22, during a fight between Bates students and Auburn youths. He was found guilty in 2003, but the Maine Supreme Judicial Court overturned the verdict on grounds that the jury was biased. The second trial was moved to Cumberland County to find a jury that was exposed to less media coverage of the case.
During the sixth day of the trial Wednesday, Crystal Cartwright, 22, of Lewiston told the jury she was a friend of Thongsavanh’s at the time of the killing. She said that about 1 a.m. on March 3, 2002, she was at a party at Melissa Ramos’ apartment in Auburn. Thongsavanh was there, as were several others, she said.
“Brandon had a knife and was playing with it,” Cartwright testified. “He flipped it open a few times.” It had a black handle, silver blade and was four or five inches long, she said.
She also testified that Thongsavanh said he was bored. “He said he was surprised he wasn’t violent yet,” she said.
Donald Stanley, 27, of Auburn told jurors he was in jail on March 19, 2003, when he overheard Thongsavanh say: “‘It felt good to ice that kid. It sucked'” that he got caught.
Stanley said he swallowed cleaning materials so he could get to a jail official to report what he heard.
Stanley said he was in jail for five days for violating his probation and received no reduced sentence for talking with officials. After he reported what Thongsavanh said, he was moved to maximum security for the remaining four days “where I was under lockdown” for all but two hours a day, he said.
Defense attorney David Van Dyke asked if he was a “suitcase,” someone who rats on someone in jail for favors.
Stanley answered emphatically, “I wasn’t trying to get out of jail.” What he heard “is not something you just sit on.”
Justin Asselin, 24, of Lewiston, said he hosted a party at his apartment on Court Street in Auburn the night of the killing. Thongsavanh, Chad Aube, Mike Levesque, Nick Barajas, Nate Tao and others were there and were frequent partiers, he said.
Aube announced they should all go to another party where they could get free beer, so about 20 people climbed into five or six vehicles and headed to Lewiston, said Asselin, who “finished a 12-pack” and “was looking to get free beer.”
The drivers met at a 7-Eleven store in Lewiston, but weren’t sure where they were going. Some proceeded to Main Street where they heard “trash talk,” or intoxicated men arguing, Asselin said.
Aube showed up at the scene and threw the first punch, starting a brawl, Asselin said. Asselin was fighting with some men at one spot and didn’t see where Aube was or see Thongsavanh, he said.
Asselin said he remembered Aube running past him for the car, but it wasn’t until he was in the car headed for his place that he heard that someone had been stabbed.
At his apartment several men, including Aube, changed clothes. Aube left his muddied khaki pants and plaid shirt on Asselin’s bedroom floor. Asselin said he saw no blood on Aube’s clothes.
Asselin said Thongsavanh also spent time in his bathroom.
The defense maintains that Aube, 23, of Lewiston, stabbed McDuffee.
Like other witnesses, Asselin said he initially didn’t tell police about Thongsavanh’s being there “because I didn’t want to be the one to have to rat on him.”
Van Dyke told him he was reacting to “what people were telling you,” since Asselin never saw anyone stab McDuffee.
The state will continue calling witnesses today, Friday and possibly Monday.
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