AUBURN – A Lewiston man convicted of kidnapping and murdering an 81-year-old man is seeking a new trial, claiming his attorney made mistakes that may have helped convict him.

Shaun Tuttle, 24, and David Lakin, 25, were found guilty at a single trial in 2005 of killing James McManus of Lewiston by running over his head with his car, then stuffing him in the trunk on March 10, 2003.

Tuttle was sentenced to 47 years in prison; Lakin, 52 years.

Tuttle is claiming his court-appointed attorney, Thomas Goodwin of Portland, made mistakes during the trial that deprived Tuttle of a fair trial. He also is claiming that attorney Seth Berner, also of Portland, erred in appealing Tuttle’s case to the Maine Supreme Judicial Court by joining it with Lakin’s appeal.

Through a new court-appointed attorney, Donald Hornblower of Lewiston, Tuttle filed papers recently in Androscoggin County Superior Court in an effort to persuade a judge to order a new trial.

Tuttle said Goodwin:

• failed to explain to Tuttle the consequences of waiving his constitutional right not to testify at his trial;

• should have had Tuttle testify only after Lakin had presented his defense;

• should have done a better job at screening witnesses testifying on Tuttle’s behalf;

• failed to call expert witnesses in an effort to impeach incriminating testimony; and

• failed to find and have testify any witnesses from a Lewiston bar who would say that Tuttle was “severely” drunk on the night McManus was killed.

Justice Thomas Delahanty II met in his Androscoggin County Superior Court chambers Tuesday with Hornblower and Assistant Attorney General Fernand LaRochelle to discuss planning a hearing for July. The two attorneys talked about potential witnesses and evidence that would be allowed at the hearing.

Defendants convicted of a crime who have lost an appeal before the state’s highest court are allowed to petition the court for a so-called post-conviction review. A Maine Superior Court justice is charged with reviewing the petition and hearing evidence supporting the request for a new trial. The defendant must show his constitutional rights were violated.

If Tuttle is successful in his petition, he could be granted a new trial of his own, separate from Lakin. The state then would have a chance of appealing that decision. If Tuttle were to fail in his bid for a new trial, he could appeal to the state’s highest court.