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Maine high court rejects Mark Cardilli’s bid for new manslaughter trial

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Maine high court rejects Mark Cardilli’s bid for new manslaughter trial


Mark Cardilli Jr., listens to his attorney Tom Hallett during his bail hearing Friday, August 25, 2023. Cardilli’s conviction was overturned last year but the Maine Supreme Judicial Court just reversed that decision. Shawn Patrick Ouellette/Staff Photographer

The Maine Supreme Judicial Court ruled Thursday that the manslaughter conviction of a Portland man who shot and killed his sister’s boyfriend in 2019 should not have been vacated.

The court’s decision overturns a lower court ruling that found Mark Cardilli Jr.’s trial lawyers failed to present an adequate argument that he was acting in self-defense and vacated his manslaughter conviction. The new ruling from the high court means Cardilli will not get a new trial and will likely have to return to prison.

Isahak Muse Carl D. Walsh/Staff Photographer

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Cardilli was found guilty of manslaughter in the death of  22-year-old Isahak Muse following a bench trial in 2019. He had initially been charged with murder, but Superior Court Justice Nancy Mills opted to convict him of a lesser crime. He was later sentenced to 11 years in prison, with 3.5 years suspected. Cardilli served a portion of that sentence at the Windham Correctional Facility before the decision to vacate the conviction.

But Cardilli’s appeals attorney, Thomas Hallett, had fought to overturn the conviction, arguing that his client’s original lawyers did not provide effective counsel because they did not argue strongly enough that Cardilli was justified in using deadly force against Muse because he believed his life was at risk.

In their Thursday ruling, the justices wrote that the trial court “expressly found that the State had proved beyond a reasonable doubt that, if Cardilli believed that his use of deadly force was necessary under the circumstances, his belief was objectively unreasonable.”

And because the judge had convicted Cardilli of manslaughter instead of murder, that finding would have negated a self-defense argument, they said.

“Any inadequate advocacy by Cardilli’s trial counsel could not have had an adverse effect on his defense sufficient to undermine confidence in the outcome of the trial,” the ruling said. “We therefore vacate the judgment of the post-conviction court and remand for entry of a judgment denying Cardilli’s petition.”

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Hallett and a spokesperson for the Attorney General’s Office did not immediately return messages seeking interviews about the ruling.

During his original trial, Cardilli admitted to killing Muse during at fight at the Cardilli family home in Portland, but said he was defending himself and his family. Muse had been visiting his girlfriend and the conflict started as a disagreement over whether he could spend the night. During the fight, Cardilli ran to his room to retrieve a handgun from a safe.

Cardilli had already appealed the conviction to the state’s highest court once, arguing that he was justified in using deadly force against Muse, but the justices disagreed.

“Even if Cardilli had an actual belief that Muse was about to use deadly force by taking control of the gun that Cardilli brought into the chaos – a belief not asserted by Cardilli at trial – the court found that any such belief was objectively unreasonable,” Justice Ellen Gorman wrote in the court’s earlier  opinion.

Cardilli, through his attorney, then requested a post-conviction review, which was conducted by Superior Court Justice John O’Neil. That review focused more on whether Cardilli was offered effective counsel. O’Neil concluded that the trial lawyers failed to “vigorously argue” that he acted in self-defense and vacated the conviction, setting the stage for a new trial. The state then challenged that decision, bringing the matter once again to the supreme court.

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This story will be updated. 

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Maine teen accused of killing paddleboarder makes court appearance

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Maine teen accused of killing paddleboarder makes court appearance


PORTLAND (WGME) — The 18-year-old charged with the death of paddleboarder Sunshine “Sunny” Stewart last summer appeared in court Thursday.

Sunshine “Sunny” Stewart (Stewart Family)

Stewart was killed last July in Union while out paddleboarding near a family campground.

Last week, a judge ruled Deven Young is competent to stand trial.

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Thursday afternoon, he appeared in front of a judge via Zoom from Long Creek Youth Development Center.

The hearing to address motions started and stopped briefly when Young’s attorneys said they hadn’t yet had an opportunity to speak with their client.

Deven Young (Deven.Young.33/Facebook)

Deven Young (Deven.Young.33/Facebook)

We didn’t hear much from Young once the hearing restarted, except for when he acknowledged his name. During the hearing, Young’s attorneys objected to the state’s request for his school and hospital records. They say since Young was 17 when police say he committed this crime, he should be treated as a juvenile.

The judge said he would take the matter under review.

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He also talked about a “bind-over hearing” being held by August or September.

That’s where they could decide whether to try Young as an adult.

Young is facing a murder charge.

A medical examiner says Stewart died from strangulation and blunt force trauma.

Sunshine

Sunshine “Sunny” Stewart (APTN via CBS Newspath)

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Police haven’t publicly said what the motive might be.



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Iconic Maine Diner property going to auction — unless owner can stop it

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Iconic Maine Diner property going to auction — unless owner can stop it


WELLS, Maine — The site of the Maine Diner is slated for the auction block, just four months after the iconic eatery went on the real estate market for $3.3 million.

Remember the Maine Gift Shop, located next door, is also part of the property at 2265 Post Road, for which Keenan Auction Company of Portland will hold a foreclosure auction at 11 a.m. on June 4.

Jim MacNeill and his wife, Karen, have owned the diner and gift shop for the past 8 years. MacNeill began working at the diner 30 years ago, starting as a manager and eventually becoming general manager.

During an interview on May 6, MacNeill expressed confidence that next month’s auction will not be necessary, as he is taking steps to address financial challenges associated with the property.

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In the meantime, MacNeill said Maine Diner remains open Thursdays through Saturdays, from 7 a.m. to 8 p.m. He said he is working to increase his staff so that the diner can be open for more hours.

“The intent is to be open Fridays through Tuesdays for dinner,” he said.

MacNeill noted that while the property and buildings at 2265 Post Road are headed to auction, he still owns the diner’s name. If a buyer wants to keep operating a diner on the site, he said, they will need to purchase the “Maine Diner” name from him.

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The diner’s financial challenges began during the aftermath of the COVID-19 pandemic, according to MacNeill.

MacNeill said the diner did not experience financial difficulties during 2020 and 2021, the first two years of the global health crisis, thanks to Paycheck Protection Program funding from the federal government.

When the nationwide workforce shortage hit in 2022, MacNeill said he no longer had enough employees to open for dinner. Revenues fell as a result, and covering expenses became increasingly difficult.

To attract a larger staff, MacNeill purchased Coast Village Inn and Cottages on Route 1 to provide housing for employees. However, MacNeill said revenue challenges persisted at the diner and hotel last summer, as local tourism dipped in response to increased tariffs and strained relations between the United States and Canada.

“The diner couldn’t support both businesses,” MacNeill said. “The diner remains entirely viable, but the inn is not.”

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“The hotel provided a solution, but created a new problem,” he added. “I couldn’t sell a room last summer. No one was here.”

Keenan Auction Company will also try to sell Coast Village Inn and Cottages during a foreclosure auction at 876 Post Road on May 15 at 4 p.m.

The hotel is a 30‑unit lodging complex on 3.4 acres near shops, restaurants, and beaches, according to Keenan Auction Company. In addition to the main inn, guest rooms are spread across two corridor‑style buildings — one two‑story and one single‑story — along with 10 on‑site cottages. Amenities include a swimming pool, on‑site parking, a recreation area, and sun decks.

The site of the inn is where Edmund Littlefield, known as the “Father of Wells,” built his home, sawmill, and gristmill in the early 1640s, according to the Wells Historical Society.

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“His establishment of these mills enticed and enabled future settlers to make their homes here,” according to the records at the town Historical Society.



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Contentious Belfast family lobster pound lawsuit makes it to Maine high court

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Contentious Belfast family lobster pound lawsuit makes it to Maine high court


On the day before he died, Robert R. Young appeared to have made a dramatic change to his will.

A handwritten note, labeled as a last will and testament, said the 82-year-old widower wanted to auction off his family’s seafood restaurant in Belfast and donate the proceeds to the Dana-Farber Cancer Institute.

His son Bob later told a court he had seen the document and talked to his father on that day in 2017.

The new will would have meant disinheriting Young’s other son, Raymond, who had been set to keep Young’s Lobster Pound and Seafood Restaurant under their father’s first will. That original document, which was prepared by an attorney and notarized in 2000, also matched their mother’s will. She died a couple of months before their father.

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Young’s three children have spent more than eight years in two different courts, debating the legitimacy of that 2017 document. A superior court judge ended Raymond Young’s lawsuit against his siblings in 2022, finding he failed to prove his claims that they had coerced their father into disinheriting him. Then in 2025, a probate judge sided with Raymond Young, ruling that the handwritten document could not be considered their father’s final will and testament.

Now, Maine’s highest court will weigh in on the future of Robert Young’s estate and restaurant. Oral arguments are scheduled for Thursday.

Bob Young and his sister, Dianne Parker, argue that the case highlights a question about jurisdictional boundaries — why argue something in superior court if it can be revived in probate court?

The process and outcome, their attorney F. David Walker wrote in court records, “offends nearly every stated goal of our judicial system, including finality, economy, comity and fairness.”

Walker did not respond to a request for comment, and Parker declined to discuss the case ahead of the high court’s decision. Bob Young did not respond to a message seeking comment.

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Raymond Young’s attorney has argued that the probate judge’s ruling was distinct because that court holds “exclusive jurisdiction” over contested wills.

Waldo County Probate Judge Joanna Owen wrote in her order, which was appealed to the Maine Supreme Judicial Court, that there were several reasons to not consider the handwritten document as Robert Young’s final will, including the fact that his signature didn’t match how he had signed earlier documents, and that the new plans were a departure from those he had laid out in his earlier will.

Robert Young’s attorney and others who knew him testified that they had not been informed of any plans to sell his business, Owen wrote. She also noted that his children had described him “as a man who made clear his opinions and positions.”

“Nothing was lining up,” Raymond Young told a reporter on Tuesday.

LAST WILL AND TESTAMENT

Before Sept. 30, 2017, the plan was for Raymond Young to take over the restaurant that he had managed for his father since 2000 and all of his father’s real estate, and for Parker to inherit their father’s banking accounts, according to court records. Stocks and bonds were to be divided between the two.

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In the will drafted in 2000, Bob Young was left with $1 — he had been estranged from his father for many years before reconnecting after their mother’s death in July 2017 following a long illness, according to court records.

Claire and Robert Young had been married more than 60 years. Before Robert Young died on Oct. 1, 2017, he wrote at the end of a note that he “shall go and be with the love of my life into eternity, where I’ll belong.”

Bob Young has said he was there on Sept. 30, 2017, after his father wrote the new document. Their father appeared to demand that Raymond Young and his family be fired, the business be auctioned off, according to court records.

Owen also considered three other handwritten sheets, which appeared to be signed by Robert Young and were undated. In those, Robert Young left a $90,000 bond to Bob Young. Owens wrote that Robert Young had mentioned this plan to his attorney in August 2017, and her order states that Raymond Young did not oppose Bob Young receiving the bond.

According to Bob Young’s lawyer, Robert Young asked his son to take a picture of the document on his phone. Bob Young testified in court that his father told him he planned to bring the document to his lawyer that Monday.

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Raymond Young and a friend found Robert Young’s body the following morning and called police. According to court records, Raymond Young testified that he had instructed the friend to hide a handwritten note found on a table so that his death “didn’t look like a suicide.”

The Office of the Chief Medical Examiner ruled in 2017 that Robert Young had died by suicide. In 2018, according to court records, his cause of death was amended to “undetermined” because no toxicological samples were taken before he was embalmed. A spokesperson for the state medical examiner’s office said on Wednesday that finding still stands.

Raymond Young, suspicious about the nature of his father’s death, asked both the superior and probate court judges to let him exhume his father’s body and investigate. Both requests were denied.

Raymond Young had alleged that his brother was responsible for his father’s death, or had a role in what happened. He said that his siblings, including his sister, “coerced or wrongfully influenced” their father into changing his estate plan to disinherit Raymond Young. Justice Robert Murray ruled that Raymond Young had presented no evidence of that.

“These were conspiracy theories,” Walker, the attorney for Bob Young and Dianne Parker, wrote in court records. “There is not now, and never has been, a scintilla of evidence supporting the claims.”

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PROBATE RULING

Walker wrote in court records that his clients had been relieved after Murray’s ruling.

Murray also wrote in his 2022 order that certain issues were still left to the probate court — while Raymond Young hadn’t proven to him that he had “possessory right” over his father’s property, the probate petition he had filed in 2017, seeking to become executor of his father’s estate, was still pending.

The probate case was paused until after the superior court ruling, when Raymond Young began asking for some of the same things that Murray had denied.

Walker wrote in court records that his clients “believed that their ordeal was over” after Murray’s decision.

“The breadth and thoroughness of the Superior Court’s decision surely resolved and finally disposed of all claims Raymond had brought, or could have brought,” Walker wrote. “This relief, however, was short-lived.”

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Owen, the probate judge, moved forward with a trial in August 2025 because she felt there were enough facts in dispute.

In her order, she focused on the handwritten document. Owen ruled that Raymond Young had not shown evidence that the handwritten note was fraudulent, but wrote that there was “ample evidence” that Bob Young had inflamed the situation by suggesting that his brother was planning to sell the lobster pound.

Even if it had been written exactly as Bob Young testified, Owen wrote, it could not be considered their father’s final will. According to the order, the testimony from Bob Young that their father told him that he planned to bring the document to his lawyer suggested Robert Young thought there was still work to be done to finalize the document.

She ruled that there was no evidence that Robert Young meant for it to be final.

Now, the appeal of Owen’s ruling will go before the state’s supreme court, which will take the issue under advisement after oral arguments.

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IF YOU or someone you know is in immediate danger, dial 911.
FOR ASSISTANCE during a mental health crisis, call or text 888-568-1112. To call the Suicide and Crisis Lifeline, call 988 or chat online at 988lifeline.org.
FOR MORE SUPPORT, call the NAMI Maine Help Line at 800-464-5767 or email [email protected].
OTHER Maine resources for mental health, substance use disorder and other issues can be found by calling 211.



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