AUBURN – Accused killer Brandon Thongsavanh is scheduled to return to court Friday for the first time since the Maine Supreme Judicial Court overturned his murder conviction in October.
A hearing in Androscoggin County Superior Court has been scheduled to discuss the status of Thongsavanh’s legal representation and to officially confirm that he will remain at the Maine State Prison until his trial.
Accused of murdering Bates College senior Morgan McDuffee, Thongsavanh, 21, had been represented by Auburn defense lawyer William Maselli. McDuffee died in Lewiston in March 2002.
Earlier this month, Maselli confirmed that he was stepping down from the case, and Thongsavanh’s family contacted another attorney, David Van Dyke of Lewiston.
According to court clerks, Maselli is now reconsidering whether he wants to represent Thongsavanh at his second trial.
In hopes of clearing up the matter so that a trial date can be set and both sides can begin preparing, the court has asked Thongsavanh, Maselli, Van Dyke and Assistant Attorney General Lisa Marchese to attend Friday’s hearing.
If Maselli keeps the case, the new trial could be held in April as originally scheduled. The appointment of a new attorney could significantly delay the case.
Thongsavanh was serving a 58-year sentence when the state’s highest judges overturned his conviction and granted a new trial based on their belief that prejudicial information was presented at his first trial.
Since Thongsavanh is now considered a pretrial inmate, he technically belongs at the Androscoggin County Jail in Auburn. However, shortly after his conviction was overturned, local jail officials filed a petition arguing that they weren’t equipped to deal with him, given what they said was his violent history as an inmate.
Thongsavanh had the option of contesting the jail’s position. But, according to Maselli, he is content at the Maine State Prison in Warren and he will remain there until his trial.
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