Knox County court did not err, highest court says

Tue, 05/05/2015 - 1:15pm

Lynda Clancy

Andrew Kierstead, right, of Tenants Harbor, stands in Knox County Superior Court with his attorney, Steven Peterson, during Kierstead’s first appearance Oct. 1, 2012, on a charge of murdering Richard ‘Rick’ Mills of Cushing Sept. 27, 2012. (File photo by Holly S. Edwards)

AUGUSTA — Maine’s Supreme Judicial Court upheld a 2013 Knox County Superior Court judgment that found Andrew K. Kierstead guilty of murder. Kierstead had appealed the conviction to the Law Court following his trial, arguing that the court had erred in denying a motion to suppress statements he made to police.

On April 30, the Law Court ruled that Kierstead’s statements “were the free choice of a rational mind, were fundamentally fair, and were not a product of coercive police conduct.”

The judges said in their summary: “The court did not err in determining that the statements were voluntary.”

The appeal to the Law Court was filed by Kierstead’s attorney Steven Peterson, of Rockland, who had argued that the Knox County court erred in denying his motion to suppress because after the shooting he was intoxicated and emotionally distressed, rendering his statements involuntary.

On Oct. 20, 2012, a Knox County Grand Jury indicted Kierstead with “knowing or intentional murder” following the Sept. 27 death of Richard Mills in Cushing. Following a four-day trial, a jkury foound Kierstead guilty of murder, and sentenced him to 45 years in prison.

According to case documents, Kierstead went to Mill’s house to buy methadone, where he drank alcohol. Mills’ refused to provide Kierstead with the methadone because of prior debt from drug purchases. Kierstead lured Mills outside, saying he needed help with his truck, according to the court case, and then shot Mills several times with a 12-gauge shotgun, at close range and four times in the back.

“After the shooting, Kierstead swallowed Mills’ Vicodin pills in an attempt to commit suicide,” the court said.

He passed out, but later awoke and called 911. He told the dispatcher that he had shot and killed his friend, and reported taking the pills to commit suicide.

“Throughout the 12-minute call, Kierstead was ‘calm but upset,’” the court said.

Knox County Sheriff’s Officer Kirk Guerrette responded to the address and found Kierstead sitting on the porch, talking on a phone. According to the court, Kierstead responded to questions “coherently and without slurring.”

He stood upright and without difficulty, and was able to walk normally.

EMTs evaluated him, asking questions to determine alertness, and Kierstead responded appropriately, the document said. Evaluations also included blood pressure and vitals, all of which were normal, excepting an elevated pulse.

One EMT described him to be “in shock,” the court said; however, “no one who evaluated Kierstead believed him to be in need of medical care.”

While being questioned by Knox County Detective Reginald Walker, Kierstead provided details about the shooting and expressed regret for shooting Mills.

“Throughout the nonconfrontational interview, Kierstead was soft-spoken, but calm, coherent, and mostly responsive,” the court document said.

The court outlined Kierstead’s travels to the police station, and his ability to engage in conversation with law enforcement officials. He was subsequently transported to Pen Bay Medical Center for a mental health evaluation.

There, a doctor determined Kierstead to be at the lowest stage of acetaminophen overdose, characterized by an upset stomach. The doctor found that his blood-alcohol level was at .54 percent, a rate the doctor believed to be sufficient to impair one’s judgment.

The Knox County court had denied Kierstead’s suppression motion based on its conclusion that his statements had been proved voluntary beyond a reasonable doubt.

“The court reasoned that, though there was evidence that Kierstead had consumed Vicodin, methadone, and alcohol on the day of the shooting, he did not display signs of heightened drug impairment or of actual significant impairment due to alcohol,” the case said.

The Law Court judges examined the case, questioning whether Kierstead had talked voluntarily being a “free choice of a rational mind, fundamentally fair, and not a product of coercive police conduct.”

They concluded that a person under the influence of drugs or in emotional distress does not, by itself, render a statement involuntary.

Furthermore, the descriptions submitted by various EMTs and law enforcement personnel cited him as calm and lucid.

The record, they concluded, supported the Knox County court’s determination that Kierstead’s statements to police were the free choice of a rational mind.