BANGOR, Maine — Editor's note: The video above aired in Nov. 2019 when Gaston was found guilty of murder.
A Windham man serving a 40-year sentence for killing his wife is targeting Maine’s COVID-19 restrictions in his appeal.
Noah Gaston contends the constitutional right to confront parties applies to sentencings in addition to trials, and that there would have been no harm in delaying the sentencing.
Specifically, Gaston argues his rights were violated by holding the sentencing hearing in a limited-capacity courtroom and permitting interested persons to address the court by videoconference, according to the appeal filed with the Supreme Judicial Court.
The attorney general's office contends Gaston's rights weren't violated.
Gaston acknowledged killing his wife, Alicia, with a shotgun blast in 2016, but maintained that he thought she was an intruder.
In June 2020, Kennebec County Superior Court Judge Michaela Murphy sentenced Noah Gaston to 40 years in prison for murdering his wife.
In the appeal, Gaston also argues his sentence was too long and that the judge wrongly concluded his waived his right to religious privilege when he told a third party about conversations with church members.
The church members picked Gaston up at the local police station after his wife died and said he told them he saw a figure he thought was an intruder before he fired, the AP reports. But Gaston reportedly also told the church members that was the only story he could tell if he wanted to see his kids again, according to the police affidavit.
The appeal is set to be heard in court this Wednesday at 9:45 a.m.