ALFRED — On Wednesday, at York County Superior Court, Richard Dalli, 51, of York, pled guilty to manslaughter in the death of John Wheeler, 39, of Wells, on Sept. 2, 2008.

The plea comes after a mistrial in September where the jury was reportedly hopelessly deadlocked after a two-day trial. Jury members could not decide whether to find Dalli guilty of murder or manslaughter, or find him not criminally responsible by reason of insanity.

Before asking for his plea, Justice Paul A. Fritzsche asked Dalli whether he understood that by entering a guilty plea he was admitting responsibility for Wheeler’s death.

Dalli said he understood.

Dalli faces a sentence of a maximum of 30 years in prison, but there is no minimum sentence for manslaughter. Fritzsche said he will sentence Dalli on Dec. 7.

Assistant Attorney General Lisa Marchese, the prosecutor in the case, said she would ask that Dalli serve a significant prison term at his sentencing, in the range of 25 years.

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Marchese noted that the case was difficult because not only does Dalli have a history of mental illness but also evidence was presented at the trial in September that the defendant had drunk alcohol and taken drugs the night before Wheeler’s death.

She alluded to the fact the jury had difficulty reaching a verdict because they couldn’t decide whether Dalli stabbed and killed Wheeler as a result of delusions from his mental illness or for another reason.

According to court testimony, the stabbing occurred at Dalli’s York home following on evening of partying.

During the trial, the jury heard testimony from Wheeler’s girlfriend, Claire Cardin, who witnessed the events; Dalli’s tenant, David Young; Dalli’s cousin, Tina LaTorella; detectives from the Wells Police Department; and mental health professionals.

At issue, according to both the prosecution and the defense, was not whether Dalli caused Wheeler’s death, but whether he should be held criminally responsible for killing Wheeler. The defense argued that Dalli should not be held responsible for murder, because he was criminally insane at the time of Wheeler’s death.

Marchese said Wednesday that the evidence did not support the insanity defense.

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If the plea agreement hadn’t been reached, she said she was prepared to take the case to trial again and a new jury would have had the same options as those put before the jury in the September trial.

Despite Dalli’s diagnosis with schizo-affective disorder, because he pled guilty to manslaughter, he will serve any jail time to which he is sentenced in a Maine prison, not in Riverview, the state institution for people with mental illness. If he had been found not responsible because of mental defect, he could have served his sentence at Riverview.

Defense attorney Sarah Churchill said there are only limited options for prisoners with mental illness in the state prison system, and it will be up to the Department of Corrections to decide where Dalli will serve his sentence and what type of counseling and other services for his disorder he can receive.

Since going to jail after his arrest for Wheeler’s murder on Sept. 2, Dalli has been taking medication for his schizo-affective disorder, said Churchill. Since being on medication Dalli hasn’t been suffering from delusions which he sometimes has when not on medication, she said.

Churchill added that since he’s been feeling better, “he feels remorseful about what happened.”

According to Dalli’s cousin, LaTorella, Dalli hadn’t been on medication for his mental illness at the time of the murder.

His mother used to ensure that he took his medication before her death in 2007, she said. After that, Dalli enrolled in a program with Counseling Services Inc. which helped him with his medication. However, said LaTorella, lack of funding for that program led to its elimination and that’s when Dalli became more sporadic about taking his medication.

Churchill said whenever there are cuts in programs for mental illness, crimes of all types, from misdemeanors to felonies, increase.

— Staff Writer Dina Mendros can be contacted at 282-1535, Ext. 324 or dmendros@journaltribune.com. Staff writer Robyn Burnham contributed to this story.



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