State supreme court hears Smyrna man’s appeal of conviction in gun, rape case
AUGUSTA, Maine — A Smyrna man sentenced to more than 19 years in prison for gross sexual assault and gun charges in 2008 appealed his conviction to the state’s highest court Thursday, arguing that his attorney was ineffective for failing to object to hearsay testimony from a state social worker at an earlier trial.
Horace W. Salley III, 47, also was convicted of tampering with a witness and assault, a misdemeanor. Salley has a history of domestic violence, including abuse inflicted on four women and two of their children between 1992 and 2006, according to court documents. The witness tampering charge stems from an incident in which he tried to get the victim to change her allegations against him and told her if she did not, he “would come after her and the baby,” court documents stated.
In 2010, Salley’s attorney filed a petition with the trial court for a post-conviction review, arguing that Salley’s trial counsel had been ineffective for not objecting to certain hearsay admitted at the trial and that his appellate counsel had been ineffective for not arguing that the admission of the hearsay was an error. The court denied that petition.
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