Woman who shot boyfriend seeks new trial Lowry attorney says expert witness excluded

BANGOR – Malia Lowry is serving an eight-year prison sentence on a 2001 conviction for manslaughter in the shooting death of her live-in boyfriend, Robert Leighton. Through her attorney, Jeff Silverstein of Bangor, she asked the Maine Supreme Judicial Court for a new trial Thursday when the justices came to Bangor for one day.

Silverstein argued that an expert witness was wrongly excluded from Lowry’s trial. The domestic abuse expert, Jay Peters of the University of Maine, could have shed light on Lowry’s reported unconventional actions and how they could be attributed to duress, Silverstein said.

He also protested what he described as somewhat limited questioning of potential jurors by the judge before the trial began. For instance, Silverstein claimed the judge asked jurors how many were involved in law enforcement or had relatives in law enforcement. Many people raised their hands but the judge didn’t follow up with any questions.

The judge also asked whether potential jurors had ever been in court as defendants, witnesses, jurors or other in other capacities. Several people raised their hands but no follow-up questions were asked, Silverstein said. These questions, posed with proper follow-up, could have ferreted out prejudiced jurors and afforded Lowry a fairer trial, according to Silverstein.

Lowry, then 46, was convicted of the July 6, 2000, slaying of Leighton by shooting him six times in their Route 182 trailer in Township 10, a mile west of the Cherryfield line. Leighton was 26.

At Lowry’s trial, Silverstein argued that she shot Leighton in terror after Leighton sexually assaulted her and tormented her with death-obsessed sexual fantasies. The Law Court’s seven justices discussed one item revealed in testimony, that Lowry had a loaded gun cocked and aimed at Leighton’s back for six hours before the shooting. According to Silverstein, the bizarre scene was set up on Leighton’s orders.

The state argued that Lowry shot Leighton in anger after he made a pass at another woman.

The appeal drew about 30 people to Penobscot County Superior Court. Seniors from the law and ethics class at Hampden Academy attended the 45-minute session.

In another case, an attorney for the Millinocket-based Fin and Feather Club appealed a summary judgement that favored Great Northern Paper Co. and various entities in connection with Vernon Haines’ suit seeking access to certain lakes and woodland properties.

At issue is a perceived breach of contract performed by GNP and its “shell companies” set up to handle several hundred thousand acres of land. When the land was conveyed in the 1990s, the shell companies started charging fees of $4 per person for access to the property, which the club claims went against its promise to never charge access fees to club members and the general public.

The justices took the cases under advisement and will issue opinions at a later date.

The justices were in Bangor for a day as part of a statewide campaign to be more accessible to people around the state.

Members of the Maine Supreme Judicial Court are Chief Justice Leigh I. Saufley, Portland; Paul L. Rudman, Bangor; Robert W. Clifford, Auburn: and Howard H. Dana Jr., Donald G. Alexander, Susan Calkins and Jon D. Levy, all of Portland.