Lowry guilty in shooting of boyfriend Jury settles on verdict of manslaughter

ELLSWORTH – Malia Lowry remained in the Hancock County Jail on Monday night, cleared of a murder charge but convicted of manslaughter in the death of her live-in boyfriend who was shot six times last summer in the bedroom of the trailer they shared in a rural township.

A Superior Court jury spent more than 20 hours over three days deliberating the case, in which the state argued that Lowry intentionally killed Robert Leighton, 26, because of jealousy, while the defense argued that she shot him in terror after he sexually assaulted her and forced her to participate in death-obsessed sex fantasies.

Lowry cried as the jury foreman announced the decision. Leighton’s family and friends offered no comment as they left the courthouse Monday after the verdict was read about 2 p.m.

The lead prosecutor involved in the trial expressed mixed emotions at the jury’s decision.

“I’m disappointed for [Leighton’s] family, but I am not personally disappointed,” said Assistant Attorney General Andrew Benson. He said the jury, which began its deliberations at 3 p.m. Friday, appeared to be careful in weighing all the evidence.

“I think they’re satisfied with the verdict and I’m satisfied with the verdict,” Benson said.

Jeffrey Silverstein, Lowry’s lead defense attorney, also said he believes the jury was diligent in its duty.

“They took their jobs seriously, and for that we’re quite thankful,” Silverstein said. “I think the jury’s decision was a fair one.”

Defense co-counsel William Reiff said the jury apparently was not convinced that Lowry knowingly and intentionally caused Leighton’s death.

“I think the evidence showed she didn’t mean to kill him,” Reiff said. “She had no intention of killing him.”

Lowry, 46, was accused of killing Leighton on July 6, 2000, by shooting him six times in their Route 182 trailer in Township 10, a mile west of the Cherryfield line.

Lowry testified that on the night of his death, Leighton made her hold a .38-caliber revolver loaded with hollow-point bullets to his back as they lay in bed. The gun accidentally went off, she said, and kept firing as she pointed it at him.

Prosecutors argued that Lowry murdered Leighton after finding out that he was interested in another woman. Defense attorneys said that Lowry shot Leighton in a fit of terror after he sexually assaulted her and forced her at gunpoint to participate in his fantasies.

The trial began June 25, and the case went to the jury about 3 p.m. Friday. The panel spent more than 18 hours deliberating Friday afternoon and Saturday morning. Concerned about fatigue, Justice Francis Marsano sent the panel home at 9:30 a.m. Saturday after the jurors had stayed up all night trying to reach a decision.

The jurors met for four hours Monday morning before telling Marsano at 12:30 p.m. that they were deadlocked. They changed their minds quickly after lunch, however, and at 2 p.m. they reported to Marsano that they had agreed on a verdict.

After the verdict was announced, Lowry was returned to the Hancock County Jail, where she is being held without bail. A sentencing date for the conviction has yet to be set.

Silverstein said he will consult with Lowry before making a decision about appealing the manslaughter conviction. He said it may be possible to pursue an appeal based on some of the witness statements that were barred from testimony.

Marsano required all 12 members of the jury to fill out short questionnaires about possible misconduct before they left the courthouse Monday afternoon. Reiff said the questionnaires were intended to help clarify the issue for both the prosecution and the defense if questions should arise about the jurors’ conduct during the two days they were dismissed from court.

“They’re just trying to cover all the bases,” Reiff said. The questionnaires have been sealed and will remain at the court clerk’s office pending the possible filing of an appeal.