PARIS — A local man who was sentenced to 40 years in prison in 2013 for trying to kill his ex-girlfriend and her family is seeking a new trial, claiming his lawyer was ineffective in defending him.

Oral arguments in the post-conviction review of the case of Andrew Freeman began Tuesday afternoon in Oxford County Superior Court.

In September 2012, a jury convicted Freeman on two counts of aggravated attempted murder, arson and burglary for breaking into his ex-girlfriend’s Norway home, waiting until she and her grandparents were asleep and then setting two fires in the basement in December 2011.

There were no injuries, and only one of the two fires ignited. It was quickly extinguished. The word “Die” and the 17-year old girl’s name were found spray-painted in the basement. 

For the past two years, Freeman has been incarcerated at the Maine State Prison in Warren. In March 2014, the Maine Supreme Court upheld the conviction and sentence on appeal.  

Freeman’s appellate attorney, Jeremy Pratt, testified that defense attorney Sarah Glynn should have objected to statements made by the state during their closing arguments. In those statements they quoted proverbs and alleged Freeman stalked the girl, even though he was never charged with that crime, and that his failure to testify in his own defense was a preserved legal right and not an indication of guilt, Pratt said.

He said these likely put Freeman in a negative light with the jury, and detrimentally limited the scope of the Supreme Court’s review. 

Time constraints prevented Glynn from detailing her trial strategy on Tuesday. After three hours of testimony, Active-Retired Justice Robert Clifford ended proceedings. A second hearing is expected in several weeks. 

Pratt further testified that Glynn erred in requesting Freeman’s personal records from the Department of Health and Human Services because they also became available to the state and raised red flags about a violent past.

He countered the assertion that there was no way Glynn could have known what they contained beforehand, saying she could have asked family. 

Several of Freeman’s family members sat behind him during the hearing. Samantha Freeman, his mother, testified that she was never asked about her son’s DHHS records. She said Andrew was taken out of her custody at age 7 by case workers because her son had set a fire, information she offered to share but never had a discussion about.

She testified that prior to the trial she urged Andrew to fire Glynn.

Andrew Freeman, who took the stand Tuesday, said he wanted to fire his attorney but felt it would appear rude and infuriate the court. He testified he didn’t want to take responsibility for the arson during his sentencing statements because he was innocent, but Glynn urged him to. 

Freeman initially testified he met Glynn just four times to prepare the defense, but later revised the figure to a dozen upon questioning from Assistant District Attorney Richard Beauchesne.

Freeman said he felt uncomfortable that Glynn brought students from Oxford Hill Comprehensive High School to their meetings, and equally out of place about mentioning anything when she asked if it was OK. The result, he said, was that he withheld information.

Twice he said prosecutors offered plea deals but, maintaining innocence, said he refused to plead to any felony charges, but wanted a yes or no answer whether it was advisable to proceed to trial. Instead, he alleged Glynn said they had a ’60 to 70 percent’ chance of winning. 

“I don’t know what a good chance of winning is anymore,” Freeman said. 

He also noted Glynn failed to raise doubts about the credibility of several witnesses who disliked him. 

During cross examination, Beauchesne said that there were sound, strategic reasons for Glynn’s defense strategy and that in everything she did she followed his wishes, or fought in his best interest. 

Beauchesne invited skepticism at the notion that, facing serious prison time, Freeman was concerned more about appearing rude than receiving a satisfactory legal defense. 

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