Jury can’t agree on manslaughter charges

PORTLAND – After spending 2½ days in the jury room, five men and seven women couldn’t agree whether Robert LaPointe was reckless or criminally negligent the night his 32-foot speedboat smashed into the back of a 14-foot motorboat on Long Lake last year, killing a man and woman aboard the smaller boat.

The jury deadlocked Wednesday on two counts of manslaughter, one for each victim: Terry Raye Trott, 55, of Harrison and Suzanne Groetzinger, 55, of Berwick. It also was split over the notion that LaPointe was guilty of reckless conduct with a dangerous weapon.

Jurors agreed that LaPointe, 39, of Medway, Mass. and Bridgton, was guilty of two counts of aggravated operating a watercraft under the influence. Each Class C felony carries a maximum punishment of five years in prison. A sentencing date is scheduled for Nov. 12.

LaPointe bowed his head and sniffed as each of the 12 jurors repeated “guilty” in response to the clerk in Cumberland County Superior Court, who read aloud counts No. 3 and No. 4 on the grand jury indictment.

Asked by Justice Robert Crowley whether they were likely to reach a unanimous verdict on the other three counts if he gave them more instruction and they had more time, each juror answered: “We do not.”

“That’s one of the viable options that’s always been available to you as a jury,”‘ Crowley said shortly before dismissing the jurors.

District Attorney Stephanie Anderson said she was disappointed that the jury couldn’t return a guilty verdict on the manslaughter charges, but was heartened by the partial conviction.

She said she would think about whether to press forward with another trial against LaPointe on the deadlocked counts.

A year ago, she thought a jury might go either way over the manslaughter charges, but during the trial, she felt confident the state had proved the case beyond reasonable doubt, she said.

Anderson hoped to gain greater insight about which sticking points blocked the reluctant juror or jurors through a written jury questionnaire that would be sent out later.

She said the fact that the smaller boat’s stern “all-around” light was not operating at the time of the crash might account for the hung jury.

“It’s probably the light, but that’s just speculation,” she said. “I think we did the best probably that we could.”

Although navigational rules stated Trott had the right of way and LaPointe was supposed to keep clear as the so-called “overtaking boat,” jurors had asked the judge for a copy of those rules, then asked whether they were mandatory.

In all, the jury considered testimony from more than a dozen witnesses and 72 exhibits over the course of the two-week trial.

They heard conflicting testimony from witnesses about the speed of LaPointe’s boat and his blood-alcohol content, which was gauged to be .11 percent three hours after the crash.

LaPointe told wardens he was going 45-50 mph at the time of impact and experts said he was going at least that fast. On the witness stand, LaPointe said he was going only 30 mph and had only three beers and a sip from a fourth that day.

Maine wardens worked closely with Anderson over the past year. Col. Joel Wilkinson, chief of the Maine Warden Service called the investigation “one of the longest and most complex in our history,” demanding more than 2,500 hours of service. It also was one of the costliest, at more than $100,000.

LaPointe’s boat tore off the deck of Trott’s boat, it’s propellers severely injuring Trott, who drowned, and Groetzinger, who had arm, shoulder and neck injuries and died in the lake.

LaPointe and his 19-year-old passenger were thrown from his boat, which sped unmanned to shore, where it continued on land 160 feet up a hill into woods.

LaPointe stood in the courthouse rotunda after the verdict, flanked by his wife and attorney. Tears rolled down his cheeks, and his chin quivered as lead attorney J. Albert Johnson of Boston commented on the trial’s outcome.

“What happened here was the result of a tragic accident,” he said.

“On behalf of Mr. LaPointe and his family, I would like to express his condolences to the families of those who died on that terrible evening. I can assure you that that is a sincere condolence.”

On Tuesday, the best friend of one of the victims had expressed disappointment that LaPointe hadn’t apologized to the victims’ families for his actions.

“Mr. LaPointe, at this time, wants to get on with his life,” Johnson said, “of supporting his family and dedicating his life to his family as he has in the past.”

Following the verdict, Anderson sought to put LaPointe in jail until his sentencing date, citing the need to send police to arrest him on a warrant after he failed to turn himself in to Maine wardens last year.

“We feel he’s a huge flight risk,” she said.

She said he had violated conditions of his release when he was found with beer and liquor at his Bridgton home in July. She said he had tried to intimidate one of the witnesses who testified against him. Anderson said LaPointe had lied under oath on the stand and was unremorseful. He was angry and combative, she said.

But Justice Crowley allowed LaPointe to remain free on $50,000 cash bail.

He said LaPointe shouldn’t operate a boat or be on one. He shouldn’t possess alcohol nor have it in his home.

A friend of Groetzinger said her family and friends would try to get on with their lives.

“We have been here for three weeks and reliving that accident and that night over and over and over, and feeling that loss again and again and again,” said Meg Harvey of Litchfield. “We have a verdict, but we still have to deal with not having Suzie and Raye.”

While disappointed, they also were pleased to see justice served.

“We’re pleased that he got two felony counts,” she said.