Millinocket father, son get jail time for perjury; sentences stayed pending appeals

Posted Jan. 24, 2014, at 3:13 p.m.

BANGOR, Maine — A Millinocket father and son were sentenced Thursday at the Penobscot Judicial Center to jail time for lying to jurors in the elder man’s drunken driving trial two years ago, according to the Penobscot County district attorney.

Jeffrey P. Wyman, 59, was found guilty in May of four counts of perjury at the end of a three-day jury trial, said R. Christopher Almy, who prosecuted the case. In the same trial, David M. Wyman, 26, was found guilty on three counts of perjury and not guilty on one count of perjury.

The father was sentenced to four months in jail and ordered to pay a $1,000 fine, Almy said. The son was sentenced to five days in jail and $500.

“This case serves as a reminder to defendants and their lawyers and others that tall tales in court can be punished and that there are consequences to testifying [falsely] in court,” Almy said Thursday in an email.

Superior Court Justice William Anderson stayed the imposition of the sentences while the men’s appeals of the perjury convictions are appealed to the Maine Supreme Judicial Court.

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 drive off the road during a snowstorm about noon. The officer reported that a car had left the road but the officer did not stop.

Maine State Police Trooper Christopher Foxworthy was called to the scene, the district attorney said. After the elder Wyman’s blood alcohol level was determined to be .17 percent, more than twice the legal limit of .08 percent, Jeffrey Wyman was arrested for drunken driving, about three hours after the Lincoln officer saw his car go off the road.

“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 last year. “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 an 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.

 

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