The attorney for Germaine Page told the state's highest court that the judge should have allowed at trial only some of the late evidence produced by prosecutors.
Kennebec County commissioners plan to decide in two weeks whether to accept a granite bench as a memorial to the late Judge James Mitchell, who presided over Kennebec County's probate court for nearly four decades before his death in 2016.
The monument honors the Augusta-born former chief justice of the U.S. Supreme Court, who was part of the majority in the Plessy v. Ferguson decision that maintained racial segregation with the ‘separate but equal’ doctrine.
Lawyers for Mark Penley argue evidence admitted in trial should have been rejected by the judge, while prosecutors say that evidence showed Penley was 'more likely to be the killer.'