BANGOR, Maine — A Millinocket father and son were found guilty last week of lying to a jury during the elder man’s trial on a drunken driving charge nearly 17 months ago.
Jeffrey P. Wyman, 58, was found guilty at the Penobscot Judicial Center Wednesday of four counts of perjury at the end of a three-day jury trial, according to Penobscot County District Attorney R. Christopher Almy, who prosecuted the case. David M. Wyman, 26, was found guilty on three counts of perjury and not guilty on one count of perjury.
Sentencing dates for the men have not been set.
Attorneys for both men have filed motions to have the verdicts in the perjury trial set aside.
“He testified at this trial just as he did at the last,” Bangor attorney Richard Hartley, who represents Jeffrey Wyman, said Thursday. “His explanation to this jury was the same as his explanation to the last jury who acquitted him. He stands firm that he has testified truthfully in both trials.”
David Wyman’s attorney, Joe Belisle of Bangor, said his client did the same.
Jeffrey Wyman was found not guilty by a jury Jan. 18, 2012, of operating while under the influence of intoxicants, according to Almy. The drunken driving charge stemmed from an April 20, 2011, incident when an off-duty Lincoln police officer saw the elder Wyman leave the road during a snowstorm about noon.
Maine State Police Trooper Christopher Foxworthy was called to the scene and arrested Jeffrey Wyman for drunken driving, the district attorney said. The elder Wyman’s blood alcohol level was .17 percent, more than twice the legal limit of .08 percent, Almy said.
“The defendant was acquitted [in the first trial] because he testified at trial that he had gone off the road 2½ hours before the Lincoln officer arrived,” Almy said Wednesday in an email. “Apparently, the jury in that case had questions about when exactly the defendant had driven. The defendant stated that after he went off the road, he sat in his vehicle for 2½ hours and drank alcohol before any police arrived and that was why he was intoxicated — drunk after driving but not during driving.”
The district attorney said that after the first trial, Foxworthy was convinced the Wymans had perjured themselves. The trooper found another eyewitness who saw Jeffrey Wyman leave the road at 12:01 p.m. The state also produced phone records at the second trial that showed David Wyman called for a tow truck at 12:05 p.m., not the earlier time he testified to at the first trial, Almy said.
Both men face up to five years in prison and fines of up to $10,000 on the perjury convictions.
Hartley and Belisle said if the verdicts are not set aside, they would appeal the case to the Maine Supreme Judicial Court.