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May 10, 2010

Hylton ordered to tesify at Fortune trial

By Betty Adams badams@centralmaine.com
Staff Writer

SKOWHEGAN – A man who already pleaded guilty to maiming a father and daughter in a 2008 Pittston home invasion was ordered to testify Monday on the third day of the trial of a codefendant, Daniel L. Fortune.

Fortune, 22, and Leo R. Hylton, 20, who had been foster brothers, were sharing an Augusta apartment when they were arrested and charged in connection with the predawn machete attack on William Guerrette Jr. and his daughter, Nicole, then 10.

Both were left with permanent injuries. Three other Guerrette family members who were home at the time escaped injury.

Hylton pleaded guilty to charges related to the home invasion and was sentenced Feb. 26 to 90  years in prison, with all but 50 years suspended and 15 years' probation.

Lisa Whittier, Hylton's attorney, has sought to prevent Hylton from testifying at Fortune's trial because an appeal was pending.

However, Justice Michaela Murphy said Monday that a three-judge panel last week denied Hylton's request to have his sentence reviewed.

“You have no Fifth Amendment privilege and you will be ordered to answer every question,” Murphy told Hylton.

Hylton, wearing shackles around his ankles and handcuffed to a belt at his waist, told her he understood the ruling.

Murphy met with the attorneys for both Hylton and Fortune as well as the state prior to making that ruling in court out of the presence of jurors.

Jurors were scheduled to report to Somerset County Superior Court at 1 p.m. to continue hearing evidence in the case against Fortune.

Betty Adams • badams@centralmaine.com

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