RECAP: Bobby Nightingale Murder Trial Day 2

Published: Aug. 17, 2022 at 8:28 AM EDT
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Caribou, Maine (WAGM) - The word of the day was “Sidebar” Counsel for both the state and Mr. Nightingale exited the courtroom for a sidebar more than 20 times, including the start of the trial, which didn’t proceed until around 10:00am When the trial did get underway a number of witnesses were called.

The First witness called by the state today was Dr. Mark Flomenbaum – Maine’s Chief Medical Examiner, who performed the autopsies of Alan Curtis and Roger Ellis. The Jurors were sitting straight up and listening to Dr. Flomenbaum as he described in detail, the gunshot wounds that were inflicted, stating “Mr. Curtis had 5 gunshot wounds which may be the result of 4 separate bullets.” 3 bullets entered the torso and one entered through the head. The wound of Mr. Curtis that was determined to be fatal by Dr. Flomenbaum was said to have entered through the right hip and exited out of the left chest.

Mr. Ellis also had a similar number of gunshot wounds (5) and two of his entered through the head. Dr. Flomenbaum’s testimony ended after defense attorney Verne Paradis asked Dr. Flomenbaum about toxicology screenings done to Mr. Curtis and Mr. Ellis, which showed both had consumed Marijuana or Marijuana byproducts as well as Meth and other Amphetamines

The States next witness, Christoper Bragg ,  allegedly had some concerns about testifying, fearing that doing so might incriminate himself and  he had to consult with his attorney, which slowed things down before the court could proceed. The court took it’s noon recess.

The Afternoons testimony started with Bragg who was  granted Immunity by the state attorney generals office from prosecution for possession of illegal substances in exchange for his testimony. Bragg had sold a 4 wheeler to Brooke Robinson, who was a girlfriend of Bobby Nightingale. Bragg had witnessed an altercation on August 12th 2019 between Alan Curtis and Roger Siemond. This altercation was confirmed by Mitchell Clark and Tammy Clark.  Tammy Clark then testified that she was Siemond leave and shortly after that  Alan Curtis and Roger Ellis left in Ellis’s red pickup truck around midnight.  She then saw    Nightingale on his 4 wheeler following Ellis’ Truck and then shortly after hearing a series of gunshots, and someone yell the word “F***”

The Jury Left the Courtroom for an afternoon recess and the state recalled Mitchell and Tammy Clark. Both Mitchell and Tammy recounted an event where a few days prior to the murders, Roger Ellis, Mitchell, and Tammy went to Bobby Nightingale’s Residence to help Brooke Robinson move out of Nightingales and into a campsite behind the clarks’ and Leave Nightingale. Nightingale showed up to the Clarks’ Residence around 1am the next morning and got into an altercation with Brooke, when Mitchell tried to intervene, Nightingale “Shoved a Gun” in Mitchell’s face and said “Who’s the B**** now?”

The Next Witness called (after the Jury returned) was Detective Chris Foxworthy, who was assigned to Maine State Police Major Crimes Unit District 6. He was a detective that was investigating the Murders and was looking to speak to Bobby Nightingale in the days following. On the morning of August 14th 2019, Detective Foxworthy was interviewing Faith Pelkey when she got a phone call, Detective Foxworthy observed Pelkey address the caller as “Bobby” and say “She suggested him getting in contact with me and putting a stop to the rumor mills on social media”

The next day (August 15th 2019) Detective Foxworthy received a phone call from Bobby Nightingale, which the state played for the Jury. it said “This is Bobby... I’m not running from you, I’m running from the person who did this” There were mumbles in the call where portions are inaudible.

The last witness of the day was (Now LT.) Tyler Stevenson. at the time, Stevenson was a SGT on the Maine State Police TAC Team, which is sometimes used to execute “High Risk” Arrest Warrants. He stated how he first went to Nightingale’s residence, found the packaging of a disposable cell phone, as well as a hiding hole behind a wall in Nightingale’s bedroom which contained a pillow. When Nightingale was not found, they went to a camp on East Plantation Road where they observed at least 3 subjects, one of them being nightingale. Stevenon recounted how he provided security by pointing his gun at Nightingale while it took two officers some time to arrest Nightingale, due to him resisting arrest.

The Trial Continues August 17th at 9:00am which may show the end of the State’s Case, and the Beginning of the Defense’s.

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