Episode 121: The Thanksgiving Day Murders

Thanksgiving is a holiday for people to gather with family and friends. But for two men, it was the last day of their lives. After catching the perpetrators red handed, police were sure they had a guaranteed conviction. But loophole after loophole ensured the killers were acquitted. Finally, a federal judge found a loophole of his own and managed to put the criminals behind bars for something other than murder. This week’s episode is the Thanksgiving Day Murders.

SOURCES

Bangor Daily News (archived on Newspapers.com) - Special shout out to Sharon Mack and the Bangor Daily News who covered this case from start to finish. This episode would not be possible without her excellent reporting and without the BDN’s thorough archive.

  • The Thanksgiving Day Murders - Sharon Mack, Maine Weekend - June 27-28, 1992

  • Half-brothers arraigned on murder charges - November 29, 1990

  • Motive in Fairfield double slaying may have been $160 paycheck - Sharon Mack - December 1, 1990

  • Girlfriend testifies that bodies lay in cellar during Thanksgiving dinner - Sharon Mack - December 1, 1990

  • Prosecution rests in Hartley murder case - Sharon Mack - December 12, 1991

  • Hartley tells how half brother killed two men at farmhouse - Sharon Mack - December 31, 1991

  • Jurors visit home where 2 died - Sharon Mack - June 2, 1992

  • Lombard's half brother blamed in slayings - Sharon Mack - June 3, 1992

  • Critics angry at string of acquittals - Glenn Adams - June 9, 1992

  • Lombard, Hartley guilty - Jeanne Curran - December 8, 1993

  • Lombard sentence scrutinized - February 22, 1996

  • Lombard dead in R.I. - Sharon Mack - February 7-8, 1998

United States of America, Plaintiff, Appellee, v. Henry Lombard, Jr., Defendant, Appellant, 102 F.3d 1 (1st Cir. 1996): https://law.justia.com/cases/federal/appellate-courts/F3/102/1/637650/

The Loophole on Slate: https://slate.com/transcripts/ZVFpL3g5MXVjUFZEdHB1NVRTT2F4RjFuaGR0YndvbG9WZ3p2cUJkWVZYYz0=

Lombard v. United States of America, ON PETITION FOR A WRIT OF CERT, BRIEF FOR THE UNITED STATES IN OPPOSITION: https://www.justice.gov/sites/default/files/osg/briefs/1996/01/01/w968125w.txt

UNITED STATES of America v. Henry LOMBARD, Defendant. No. 94-2000. United States Court of Appeals,First Circuit. Decided: December 15, 1995: https://caselaw.findlaw.com/us-1st-circuit/1159827.html

The Double Jeopardy Loophole Hi-Phi Nation explores how judges can sentence people for crimes they were acquitted of or weren’t even charged with on Slate: https://slate.com/news-and-politics/2020/06/acquitted-conduct-uncharged-unconvicted-sentencing-double-jeopardy.html

Man Accused of Planning Attack on Wife: Prosecutors say Hubert Hartley got nephew to attack woman, WMUR Channel 9 News: https://www.wmur.com/article/man-accused-of-planning-attack-on-ex-wife/5209831

Man Accused of Planning Attack on Wife: Prosecutors say Hubert Hartley got nephew to attack woman, WMUR Channel 9 News :https://www.wcvb.com/article/man-accused-of-planning-attack-on-ex-wife/8233355

Man turns himself in for felony warrant: Hubert Hartley was charged with two counts of criminal liability for conduct of another, NBC News Center Maine: https://www.newscentermaine.com/article/news/local/man-turns-himself-in-for-felony-warrant/97-312084464

Man allegedly plants tracking device in wife's car to plan beating, Boston News 25: https://www.boston25news.com/news/man-allegedly-plants-tracking-device-in-wifes-car-to-plan-beating/142684310/#continue_below

Addressing the Gross Injustice of Acquitted Conduct Sentencing, CATO Institute Study: https://www.cato.org/blog/addressing-gross-injustice-acquitted-conduct-sentencing

United States v. Watts, 519 U.S. 148 (1997): https://supreme.justia.com/cases/federal/us/519/148/

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Episode 120: The Sun Gym Gang Murders (Pain & Gain) Part 2