Wednesday, May 16, 2012
BY BETTY ADAMS Staff Writer
AUGUSTA -- A judge refused to reduce bail Tuesday for a man charged with attempting to murder a Pittston father and daughter last May.
Daniel L. Fortune, 21, of Augusta, has been indicted on four counts of aggravated attempted murder -- two counts each for William Guerrette and Nicole Guerrette -- as well as attempted murder, robbery, burglary and conspiracy to commit burglary.
Fortune's attorney, Pamela Ames, told Justice Nancy Mills on Tuesday that Fortune's foster brother has confessed on videotapes to wielding the machete that left the father and daughter with severe head and arm injuries, and even showed investigators how he held the weapon.
Ames said Leo R. Hylton, 18, told police Fortune stayed in the doorway of the Guerrette home and did not participate in the actual attack early on May 27.
"The state's evidence, at best, puts Mr. Fortune at the scene," Ames said during a hearing Tuesday in Kennebec County Superior Court. "They don't have sufficient evidence to prove accomplice liability. They have a full confession from Mr. Hylton."
Ames said Hylton admitted to repeatedly striking William Guerrette with the machete, then going after Nicole, 10, after seeing her on the stairs.
Ames told the judge her client wanted to leave the scene but that Hylton told him, "I can't leave witnesses."
As part of her argument to reduce Fortune's bail from $1 million to $50,000 cash or $100,000 worth of property, Ames said Fortune has been held at the Kennebec County jail since May 28.
She said Fortune wants to be out of jail because his girlfriend is to give birth to his baby in February.
Deputy District Attorney Alan Kelley said Fortune's girlfriend is a significant witness in the case since her DNA was on a pair of black sweatpants found in a field. The pants also showed evidence of blood from the Guerrettes.
"The state is confident we have very strong evidence placing (Fortune) at the scene and actively involved in the planning and execution of these crimes," Kelley said.
Kelley also said an inmate at the jail said Fortune told him he was involved in the attacks.
Fortune also is being held on $1,000 bail on a separate charge he stole more than $100,000 worth of currency and other property from the Guerrette home six months prior to the attack, on Nov. 17, 2007.
Kelley said if either of the Guerrettes had died in the attack, the theft charge likely would have been dismissed.
Ames said Hylton's motive for the attack was guilt.
She said Guerrette came to the Augusta apartment Hylton shared with Fortune and Hylton allowed Guerrette to search it.
"Mr. Guerrette found his safe in Mr. Fortune's bedroom," Ames said. "Mr. Hylton felt very guilty because he got his foster brother in criminal trouble. He went to Guerrette's home."
After Mills denied the motion to reduce his bail, Fortune lowered his head to a wooden desk in front of him and then buried his face in his hands. His hands were in handcuffs and his legs were shackled throughout the hearing.
Ames said Fortune was unable to get a ride to the Augusta court from his job in Troy on May 9 when the theft case was scheduled for jury selection. He was subsequently charged with failure to appear and with violating conditions of bail.
Mills dismissed those two charges on Tuesday after Ames said more than six months had elapsed since the complaint was filed.
"He wasn't running away," she said.
Betty Adams -- 621-5631
badams@centralmaine.com
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