ALFRED — The New Hampshire man convicted in October of killing his former fiancée, Kelly Gorham, in 2007, claims there is new evidence in the case and he wants a new trial.
Attorneys for Jason Twardus, who remains at York County Jail awaiting sentencing, filed the motion Jan. 10 at York County Superior Court. Attorney Darrick Banda of Daniel G. Lilley Law offices has asked for a hearing on the motion to present the new evidence.
The filing references three new pieces of evidence: An anonymous call that includes a potentially incriminating statement made by a former son-in-law of Gorham’s landlord, John Durfee; a conversation a citizen allegedly had with Durfee after Gorham disappeared from her home, but before her remains were found; and a November incident, where Nancy Durfee, John Durfee’s wife, was found unconscious on the side of the road.
On Oct. 1, 2010, a jury convicted Twardus, Gorham’s 29-year-old former fiancé, of killing the nursing student and burying her body on land his father owns in Stewartstown, N.H. ”“ 160 miles from where she went missing from her Alfred apartment. Relatives and co-workers reported Gorham missing in early August 2007. Her remains were found on the Twardus property on Labor Day weekend that year.
Twardus had lived with Gorham in Alfred after she broke off their engagement, before moving to Rochester, N.H., where he lived with his father.
In convicting Twardus, the jury agreed with the state’s position that Twardus killed Gorham in Maine and then transported her body to northern New Hampshire.
During the trial, Lilley had advanced the notion that Gorham’s landlord, John Durfee, was responsible for Kelly Gorham’s death, in concert with Calvin Degreenia, whom Durfee had met in jail. Degreenia worked for Durfee, lived on the Durfee property and had established a relationship with Gorham before her death.
In the motion, Twardus’ attorney said an anonymous call to them led to the discovery of a witness close to Michael Mulderig, a former son-in-law and employee of John Durfee.
“This witness, who was never connected to the investigation or interviewed by police, has come forward and provided information that Mulderig looked ”˜terrible’ and ”˜all messed up,’ during the time of Kelley Gorham’s disappearance,” Banda wrote in the motion for a new trial.
The witness allegedly had information that Mulderig made a statement to the effect of “we did something bad, and we’re all going to prison for life,” during the time of Gorham’s disappearance, according to the motion.
As well, the motion states that a tip from a concerned citizen led to the discovery of a witness close to John Durfee during the time of Gorham’s disappearance ”“ but before her remains were found ”“ and that witness allegedly had a conversation with him.
“During this conversation ”¦ Durfee informed the witness, ”˜I know where the burial ground is,’” the motion states.
The motion references the use of PCP, commonly called angel dust. John Durfee admitted using the drug when he testified during Twardus’ trial.
As well, the motion references an incident in Eliot in November, when Nancy Durfee was found unconscious on the side of the road. She told news reporters her car was driven by a homeless man she met in Kittery, who needed a ride to York County Shelter in Alfred. Nancy Durfee told reporters she began to feel nervous and told the homeless man she had a friend living in the area, and he dropped her off. She said she must have tripped but doesn’t remember falling.
John Durfee has recently been indicted by a York County Grand Jury on an eluding charge in connection with the incident.
“Nancy (Durfee) has reportedly made facially incredible statements that a homeless person was responsible for this incident in an apparent attempt to exonerate her husband,” the motion states. “This evidence clearly shows the extent to which Nancy Durfee will go to cover for John and would further impeach her credibility as she was the only witness at trial to have identified the comforter buried with Kelly Gorham as coming from Kelly’s apartment,” the motion went on to say. “This piece of evidence was the critical nexus in the State’s case in proving the murder occurred in Maine on the Durfee property.”
“The state’s position in this really doesn’t change anything,” said Deputy Attorney General William Stokes. He pointed out that Gorham’s disappearance, the finding of her remains and the trial itself generated wide publicity. The witnesses referred to in the defense motion for a new trial didn’t come forward until after the conviction, he noted.
Motions for new trials following a conviction are not unusual, he said.
“The state’s position is the value of this evidence is nonexistent,” said Stokes.
— Staff Writer Tammy Wells can be contacted at 324-4444 or twells@journaltribune.com.
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