PARIS — The lawyer for a man sentenced to life in prison on a double
homicide conviction has appealed to the Maine Supreme Judicial Court.

John Jenness Jr. is seeking to overturn both the conviction and
the sentence of Duane Christopher Waterman, 33, of Sumner, who was
found guilty of two counts of murder in June. Assistant Attorney
General Don Macomber will represent the state during the appeals
process.

Macomber says the court will receive Waterman’s file from the Oxford
County Superior Court, as well as a transcript of his trial. Once
Jenness has filed a law brief and Macomber has responded to it, the
court will decide whether to hold an oral argument. The review of the
case is limited to evidence and witness testimony that was made
available at the trial.

“In terms of the appeal, it’s really up to the defense lawyer to say what the issues are,” Macomber said.

Waterman was convicted in the shooting deaths of Timothy Mayberry,
50, of West Paris and Todd Smith, 43, of Paris at Mayberry’s residence
on Tuelltown Road on July 25, 2008.

During the trial, Assistant Attorney General Andrew Benson said
Waterman was in debt to Mayberry after failing to sell OxyContin drugs
that Mayberry gave him to sell. Benson also argued that Waterman was
growing increasingly angry with Mayberry prior to the shootings and
made threatening statements toward him in recorded phone calls to his
wife, who was in jail at the time.

Benson said Waterman bought a .380-caliber handgun believed to be
used in the killings in the months prior to the murders. Police were
unable to find the murder weapon but determined that shell casings at
the crime scene matched those found on the property of a former owner
of the gun. Police also found bullets and paperwork related to the
weapon at Waterman’s house.

Waterman testified that he was fishing with his children on the
evening of July 25 until the next morning. He said he went into
Mayberry’s residence the next day to check on him but left after seeing
bloodstains.

Waterman’s 13-year-old son testified at trial that he and Waterman
were fishing on the evening of July 25 and went into Mayberry’s
residence the next day.

During the trial, Jenness tried to introduce an alternative suspect.
Dolores Paine, Smith’s ex-girlfriend, pleaded the Fifth Amendment
against self-incrimination when Jenness asked if she borrowed a vehicle
and killed the two men, but also pleaded the Fifth when Benson asked if
she borrowed the vehicle to sell drugs on the evening of July 25.

Justice Roland Cole said there was no evidence suggesting that Paine
knew Smith would be at Mayberry’s residence and no forensic evidence
placing her at the scene.

In his closing arguments, Jenness argued that other people may have
had a motive in the murders. He said Waterman would not have kept
paperwork or other evidence related to the gun if he committed the
crimes. Jenness also filed a motion asking for acquittal or a new
trial, arguing that the jury should have had a reasonable doubt as to
Waterman’s guilt and that there was insufficient evidence to convict
him.

Macomber said a new trial will be scheduled if the appeal is
successful. He said the indictment would be dismissed if the court
finds that there was not sufficient evidence to charge Waterman with
the crimes.

“From what I know about the case, I don’t think that’s going to be a problem,” Macomber said.

mlangeveld@sunjournal.com