ALFRED, Maine — An Acton wife and mother charged with murder in the stabbing death of her former husband a year ago has withdrawn her motion to suppress evidence in the case.
Kandee Weyland, 46, who is charged with killing Scott Weyland on Feb. 22, 2017, has also withdrawn a motion that if approved would have allowed her to correspond by mail with her children.
Weyland is held without bail at York County Jail in Alfred.
According to documents on file at York County Superior Court, the two children allegedly witnessed the stabbing of their father in the driveway of the home where he was living. An autopsy revealed he died of a stab wound to the chest, with penetration of the heart.
The motion to suppress evidence filed by Kandee Weyland’s defense counsel had alleged that no Miranda warning was explained to Weyland at the beginning of questioning by Maine State Police detectives on Feb. 22, the day her former husband died. The motion claims that when she was informed of her right to counsel “in the midst” of questioning, Kandee Weyland immediately said she wanted a lawyer.
The motion to suppress claimed police violated Weyland’s Fifth Amendment rights by failing to honor her request for counsel and her request to remain silent.
An agreement worked out between the prosecution and defense and signed by York County Superior Court Justice Wayne R. Douglas noted that the motion to suppress had alleged only that Weyland’s Miranda protections were not scrupulously followed, and that there was no claim that her statements during her interview with police were involuntary.
The agreement spells out that the state reserves the right to use the content of that Feb. 22, 2017, interview to cross examine the defendant if she chooses to testify and provide it to any expert witness examining the issue of a culpable mental state or abnormal condition of the mind, according to the document.
No explanation was provided for the withdrawal of the motion that would have allowed Weyland to have contact with her children by mail.
Weyland entered a not guilty plea to the murder charge in May. Currently, jury selection is set for Sept. 13 with the trial set to begin Sept. 17, although that could change as a result of periodic status conferences.
The couple’s divorce had been finalized on Feb. 17, 2017. A few days later, Kandee Weyland allegedly received notice of the finalization, which awarded primary physical custody of their two children to Scott Weyland.
According to a court affidavit prepared by Maine State Police Detective Corey Pike, one of the couple’s children called 911 at 12:55 p.m. on Feb. 22, 2017, and said Kandee Weyland had stabbed Scott Weyland in the chest.
Nine minutes later, York County Sheriff’s Office Deputy Tom Searway arrived at 1097 Milton Mills Road in Acton, where Scott Weyland had been living with his mother. Searway allegedly found Kandee Weyland administering CPR to her former husband outside on the ground. She was crying hysterically, and allegedly told Searway that she had stabbed her ex-husband in the chest, and that he had pulled out a knife as well.
According to the affidavit, Kandee Weyland told Searway that she had both of their children in the car with her when she pulled into the driveway, crashed into a pick-up truck parked there, and that she and Scott had a confrontation.
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