Father accused in Bangor boy’s death to plead not guilty by insanity

BANGOR, Maine (WABI) - A hearing was held Tuesday morning for the father and grandmother accused of killing a 10-year-old boy in Bangor in 2024. Joshua Smith and his mother Mistie Latourette are both charged with murder in the death of Braxtyn Smith.

At the hearing, both waived their right to a jury trial, instead requesting a judge decide their fate. Smith asked to change his plea of not guilty to not guilty by reason of insanity.

Smith’s attorney Don Brown said further medical evaluation and examination is needed for Smith before the trial, and they’re still awaiting to hear from experts, asking for a continuance.

The trial was already delayed in February for the same reason. The defense said a medical evaluation showed Smith believed his parenting methods were “the right thing to do.”

Prosecutors argued the court should move forward.

“I don’t think the court should indulge in attorney Brown’s desire to continue to fish for experts that might arrive and are like minded to this defendant on this last-minute articulation. This case should afford statesmanship rather than a real inquiry about whether or not there should be a basis for another evaluation,” said Maine Assistant Attorney General Leanne Robbin.

“We came away with far more questions that when we into this and with no answers. That’s when we talked to a couple more experts and realized that we needed more work on this. What the state is referring to as a ‘Hail Mary’, but we simply want to make sure Joshua is getting a fair trial,” said Brown.

Justice Anne Murray denied the defense’s request for a continuance.

Braxtyn’s mother, Jem Bean, who was also charged with his murder, pleaded guilty to manslaughter in February. Latourette’s trial is set for some time next week, while Smith will be back in court on Thursday.