AUBURN – The convicted killer of an elderly Lewiston man is seeking a new trial, claiming his lawyer was ineffective at trial.

David Lakin, 26, filed a petition for post-conviction review. If successful, a judge could grant him a new trial on constitutional grounds.

Lakin is serving a 52-year prison term, which includes a 20-year kidnapping sentence. Last year, following his appeal, the Maine Supreme Judicial Court affirmed Lakin’s conviction.

Lakin was tried jointly with co-defendant Shaun Tuttle in 2005 for the kidnapping and murder a year earlier of 81-year-old James McManus, of Lewiston. The Buick Century the two were riding in ran over McManus’ head on a remote stretch of road in North Turner. McManus, the owner of the car, was later stuffed in the trunk. His blood was found on the clothes of both defendants.

In his petition, Lakin claimed his trial attorney, Kevin Joyce of Farmington, believed Lakin was involved in a separate crime and, therefore, had a conflict of interest in representing him.

Lakin also said Joyce was “insignificant” as his trial lawyer. Ineffective counsel is grounds for getting a new trial.

Lakin’s new court-appointed attorney, Verne Paradie Jr., wrote in court documents that his client’s trial attorney should have raised intoxication, abnormal condition of mind or lack of criminal responsibility due to insanity as a defense to the underlying charges.

Paradie also wrote that his client will assert his innocence based on new evidence. Tuttle has reportedly recanted his story about the facts and circumstances surrounding Lakin’s conviction, Paradie wrote.

Joyce failed to consult with a blood spatter/crime scene analysis expert to support Lakin’s defense, Paradie said.

Assistant Attorney General Fernand LaRochelle responded to Lakin’s petition, writing that the defendant already sought a new trial based on Tuttle’s recantation, but was denied. An appeal of that denial also was rejected.

LaRochelle said Lakin’s claims of Joyce’s “conflict of interest” don’t constitute ineffective counsel. He also said that Paradie’s arguments that Joyce should have hired a crime scene analyst and raised issues of intoxication, abnormal condition of mind or insanity don’t constitute ineffective counsel.

Tuttle’s similar petition for a new trial was turned down last month by Justice Thomas Delahanty II.

A pre-hearing conference on Lakin’s petition is scheduled for November.