Lewiston newspaper seeks documents related to fatal stabbing of Bates student

AUBURN – The Sun Journal is requesting the release of court documents related to the March slaying of a Bates College student.

On March 5, Justice S. Kirk Studstrup sealed documents about the fatal stabbing of 22-year-old Morgan McDuffee and the arrest of 19-year-old Brandon Thongsavanh of Lewiston.

In an earlier interview, Thongsavanh’s former attorney, Thomas Goodwin, said he wanted the papers sealed because of publicity surrounding the case.

In a motion filed last week in Androscoggin County Superior Court, the Sun Journal argued that Studstrup’s order violates the Maine Freedom of Access Act because it does not state a valid reason for sealing the police affidavits and other documents.

“Concerns about avoiding adverse publicity alone do not outweigh the public’s First Amendment right to access these proceedings,” Bryan Dench, the newspaper’s attorney, wrote.

The motion cites several cases in which the U.S. Supreme Court ruled that court documents and proceedings related to high-profile criminal cases could not be closed without specific reasons for doing so.

The Sun Journal originally sent a written request to the Maine State Police, asking that the documents be released.

The letter was forwarded to Deputy Attorney General William Stokes, who said neither his office nor state police have the authority to release the information.

Thongsavanh was arrested March 4, about 24 hours after McDuffee’s death.

McDuffee was stabbed during an early morning altercation between students and local youths.

An Androscoggin County grand jury charged Thongsavanh with murder several weeks later. The teen has pleaded innocent to the charge and is being held without bail at Androscoggin County jail.

William Maselli has been assigned to replace Goodwin as Thongsavanh’s lawyer.

Maselli met with Thongsavanh for the first time Monday. Maselli said he didn’t know enough about the case to say whether he would want the court documents to remain sealed.

The Sun Journal has requested a hearing on the matter. A date has not been set.