Appeal centers on tape of killer’s mother recounting confession

PORTLAND – An attorney for convicted murderer Jeffery “Russ” Gorman told Maine’s highest court Friday that grand jury testimony from Gorman’s mother should not have been admissible at his trial.

Gorman is serving a 60-year sentence for the 2001 shooting death of Amy St. Laurent of South Berwick. He has appealed to the Maine Supreme Judicial Court.

During Gorman’s trial, prosecutors played a tape of his mother, Tammy Westbrook, telling a grand jury that her son confessed to her that he shot St. Laurent. But Westbrook at the trial claimed she didn’t remember any such conversation or testifying before a grand jury.

Christopher MacLean told justices that the tape of the grand jury testimony was hearsay, and that the defense was not given the opportunity to confront the evidence because Westbrook had no memory of the events. He said the tape did not meet any of the conditions under which hearsay evidence can be admissible in court.

“It’s a basic right … to be able to confront an accuser,” MacLean said.

Prosecutor Donald Macomber said the issue is whether the grand jury audio recording accurately depicted Westbrook’s memory. He said her memory was fresh at the time of the grand jury testimony, and that there is nothing to indicate she wasn’t telling the truth.