3 min read

PARIS — Testimony in the trial of a Windham man accused of killing a former employer is set to begin Tuesday, after a jury was chosen and a judge concluded decisions on attorneys’ motions Monday.

Agostino J. Samson, 23, is charged with the murder of 25-year-old Scott A. Libby of Raymond in February. Investigators determined that Libby was beaten and strangled to death in Bethel and placed in his 2007 Chevrolet Cobalt, which was driven down the railroad tracks off the Barker Road crossing. Libby’s body was found at about 2:45 a.m. on the morning of Feb. 20 after the vehicle was struck by a freight train.

Police say Libby met with Samson at the Bethel Hostel on the evening prior to his death. Samson said he had worked at Libby’s landscaping business during the summer, and that Libby was returning a watch and bracelet he’d taken as collateral for lending Samson $400, according to police.

A jury of nine women and five men was chosen at about 3 p.m. Monday. Two of them will serve as alternates. Jury selection began Friday morning, and several potential jurors were questioned in private before the panel was chosen.

Following Monday’s hearing, Justice Andrew Horton said he would allow Assistant Attorney General Andrew Benson to introduce fingerprint evidence during the trial. Defense attorney Maurice Porter had requested that the fingerprint evidence be excluded as irrelevant and prejudicial.

Alicia Wilcox, a latent print examiner with the Maine State Police Crime Lab, said she examined an exterior door handle from the Hostel. Wilcox said she determined that a fingerprint on the handle was made by Samson’s right pinkie, and that she believes Samson had blood on his finger when he made the print.

Advertisement

Wilcox said a swab for blood near the print did not test positive for blood, but believed that was due to the small sample size. She said swabs are not taken directly from fingerprints. Benson said a test of other stains on the handle tested positive for blood, and also found Libby’s DNA.

Porter argued that there was no way to determine when the blood was left on the handle, and also said Wilcox did not look at the possibility that the blood would have frozen or dried due to the exposure to the cold when the print was made. He said Wilcox was unable to give a conclusion on that issue, but that the jury would be more likely to believe her as she is a state witness.

Horton also addressed other matters of what can be introduced at trial during a hearing last week. Porter had requested that an early-morning interview of Samson by police be excluded, saying Samson’s Miranda rights had not been recognized. During that interview, Samson told police that he punched Libby in the face twice after Libby made sexual advances toward him at the Hostel.

Benson said he did not agree that Samson’s rights had been violated, but that he did not intend to use the statements during trial. Benson also tried unsuccessfully to exclude any information on Libby’s homosexuality, saying it was not relevant and jury members could potentially be biased against him.

Porter said investigators asked Samson whether he and Libby were in a romantic relationship. He said police did not conduct significant investigation into Libby’s connection at a gay bar in Cambridge, Mass., where he worked as a bartender. Porter also suggested that Libby may have been the victim of a hate crime.

Horton allowed the jury to hear information regarding Libby’s sexuality, but said the attorneys could not suggest that his sexuality made him conform to a specific behavior.

Advertisement

Horton also denied a request by Benson to have the jury view sites relevant to the crime. Benson said the state is relying on largely circumstantial evidence related to the meeting between Libby and Samson and the proximity of the Hostel to the crime scene.

Libby is believed to have been murdered about three-tenths of a mile up Westwood Road, a road adjacent to the Hostel. Investigators found several apparent bloodstains and business cards belonging to Libby at that site. The railroad crossing where Libby’s car was found is less than a quarter-mile from the Hostel.

Porter said the conditions at the site have changed since the winter, and that the state could rely on charts and photographs to illustrate the locations of the different sites.

Testimony will begin at 9 a.m. Tuesday.

[email protected]

Comments are no longer available on this story