WINDHAM — A judge says there’s nothing in a police interview with an 8-year-old girl to suggest she heard her parents arguing before her father shot and killed her mother.

In her written order, Justice Michaela Murphy opened the door to the possibility that Noah Gaston of Windham may be released on bail next week.

Gaston, who’s charged with murder, told police he shot his wife, Alicia, thinking she was an intruder on Jan. 14. But police cited the daughter’s account in discounting his theory.

The Portland Press Herald reports that Murphy listened to the recording and concluded that she couldn’t “reasonably infer” that the girl heard an argument before the shotgun went off.

Defense lawyer Luke Rioux said he plans to argue for his client’s release at the bailing hearing.


Only subscribers are eligible to post comments. Please subscribe or login first for digital access. Here’s why.

Use the form below to reset your password. When you've submitted your account email, we will send an email with a reset code.

filed under: