AUBURN – A Lewiston man convicted of kidnapping and murdering an 81-year-old man in 2003 won’t be getting a new trial.

An Androscoggin County Superior Court judge on Friday rejected a claim by Shaun Tuttle, 24, that his attorney, Thomas Goodwin of Portland, made mistakes that might have prevented him from getting a fair trial.

Tuttle was sentenced to 47 years in prison.

His 2005 trial was joined with that of David Lakin, 25, for the murder of James McManus of Lewiston by running over his head with the victim’s car then stuffing his body in the trunk.

Tuttle’s new court-appointed attorney, Donald Hornblower, called on Goodwin and Tuttle to testify Friday in his bid for a new trial.

In his petition to the court, Tuttle alleged that 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 of 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.

A defendant convicted of a crime who has lost an appeal before the state’s highest court is allowed to petition the court for a post-conviction review seeking a new trial. The defendant must show his constitutional rights were violated.

Had he been successful, he could have been granted a new trial, independent from Lakin.

But Justice Thomas Delahanty II announced his ruling shortly after Tuttle stepped down from the witness stand. He said Tuttle failed to prove that Goodwin hadn’t done his job.

Delahanty noted that Goodwin had a wealth of experience in his 31 years as a practicing lawyer, most of those as a prosecutor.

Delahanty said Tuttle had been made aware of his option to remain silent and chose not to.

Goodwin had testified that he encouraged Tuttle to take the stand and tell his story truthfully in order to counter inconsistent statements he had made to police during multiple interviews.

Lakin’s attorney had used those contradictory statements against Tuttle at trial in an effort to diminish his credibility before the jury.

Tuttle claimed Goodwin hadn’t prepared him well enough for that questioning and, consequently, Tuttle panicked under the pressure of the moment.

But Tuttle said Friday that he would have answered the questions largely the same, even if Goodwin had questioned him under oath before Lakin’s lawyer.

Delahanty said Goodwin had acted like “any good trial attorney” when he screened witnesses at Androscoggin County Jail who provided him with statements favorable to Tuttle, but, once in court, those same witnesses had trouble recalling those statements.

In finding there were “no grounds” for a new trial, Delahanty told Tuttle that post-conviction reviews should not be used to “second-guess trial tactics” employed by defense attorneys.