Convicted murderer accuses lawyers of doing a bad job

BANGOR, Maine (WABI) - 38-year-old Nicholas Sexton and 42-year-old Randall Daluz were tried together in 2014 for the murders of Lucas Tuscano, Daniel Borders and Nicolle Lugdon.

Their bodies were found in a burned out car in Bangor in 2012.

Daluz is serving three life sentences for the murders and arson.

Sexton was found guilty of murdering Lugdon and arson.

He was sentenced to 90 years in prison.

Sexton appealed his conviction in 2016 arguing he and Daluz should have been tried separately, but the Maine Supreme Judicial Court denied that appeal.

Now, Sexton is back in front of a judge.

Jeff Toothaker, Sexton's former defense lawyer took the stand saying, "He trusted us and our judgment. I liked him. I still like him. I don't think he killed any of these people, personally. But, he was involved. But he also gave us free reign to do what we thought was best for him"

Sexton argued he could have been given a lesser sentence had his defense lawyers, Jeff Toothaker and David Bate, told the jury he could have been pressured by Randall Daluz to kill Nicolle Lugdon.

Sexton says, "I asked them about both of them. He brought up the arson duress. I said what about the murder because I felt like it should be with everything because I couldn't get out of the car. I felt like I was just stuck there, and he said you can't use duress for murder."

Toothaker says, "You can't argue duress when you didn't have anything to do with it. Duress implies conduct. Conduct would mean he participated. So, accessory, principle, it doesn't matter. You're looking at 25 plus on a murder. We want to get him exonerated. We tried to get him not guiltys across the board."

Sexton's newly appointed lawyer called an expert in criminal law, James Mason.

Mason says, "Given the testimony that I reviewed from Mr. Sexton and at the point where it is discussed with the court, I do believe that it was appropriate for them to consider asking for the duress instruction."

Prosecutor Lisa Marchese says, "The state is encouraging the court to deny the petition for post conviction review. If he should grant it, Mr. Sexton gets a new trial."

Regardless of the outcome, this was another emotional day for the victim's family.

Marchese says, "It brings everything back up for the victim's families and that's very difficult."

The judge tells TV 5 he will be issuing his judgement within the next few weeks.