At an upcoming hearing, a judge will decide whether to grant a retrial for a Waldoboro woman convicted of murder.
Corina Durkee pleaded guilty in 2010 to murder in connection with the stabbing of two women in Waldoboro in April 2009. Earlier this year, she requested that her case be re-examined.
In March a judge decided to grant Durkee a hearing. As of Aug. 19, Durkee had submitted her grounds for appeal and the state had responded. Now, a judge will hear both sides’ arguments and decide whether a re-trial is appropriate.
A hearing has not been scheduled, and it may be weeks or months before one is held, said Assistant Attorney General Leane Zainea, who prosecuted Durkee and is handling her appeal. Even if Durkee is successful at that hearing, the state may appeal that decision, Zainea said.
In her petition for post-conviction review, Durkee argues that her guilty plea should be discounted because she received inadequate representation from her attorney.
Her trial attorney, Phillip Cohen, denied those allegations in a telephone interview on Sept. 27.
Durkee, 43 at the time of her sentencing, pleaded guilty to felony murder, attempted murder and burglary charges and received a 15-year sentence last spring. Durkee now says she is innocent and only pleaded guilty because Cohen led her to believe it was in her best interest.
Durkee and Earl “Buddy” Bieler, 25, also of Waldoboro, both pleaded guilty to the April 19, 2009, stabbing of Rachel Grindal, 27, and Tracey Neild, 32. Grindal died from her wounds. Neild’s throat was cut, but she survived.
Durkee received a 15-year sentence for her involvement. Forensic evidence shows that Durkee did not actually stab either of the victims, but her involvement was substantial enough to make her a knowing accomplice, said Assistant Attorney General Leane Zainea at the time of Durkee’s sentencing.
At her sentencing, both the prosecution and Cohen recommended the 15-year sentence as part of a plea bargain. Now, Durkee says she only took the plea deal because she was not told about the physical evidence implicating Bieler in both attacks.
“My attorney withheld [facts about the case] from me making me believe that it was my word against the victim,” Durkee wrote in an early petition for post-conviction review. “The victim alleged that I sliced her throat and I alleged that I did not. My attorney never advised me that some of the DNA and Forensic results proved that I did not. I never found this out until I had already taken the plea agreement was in court to get sentencing…”
Cohen said he represented Durkee knowing that there was never a need to prove she didn’t stab any one. The state’s evidence, however, overwhelmingly showed that Durkee was liable as an accomplice, and Cohen said he told Durkee throughout the process that this was the case.
At a hearing prior to her guilty plea, all the state’s evidence – including the evidence showing she didn’t stab either victim – was clearly outlined, Cohen said. Durkee was present for that hearing.
“In my opinion, the 15 year sentence was a good outcome for her,” given the evidence that she was an accomplice, Cohen said.
Durkee filed several pages of witnesses she claims will support her story.
The state denies these allegations, Zainea said. Her filings thus far do not indicate any arguments the state will make or evidence they have against Durkee’s claims, but Zainea said this is standard procedure.
When the appeal comes before a judge, both sides will present evidence and witnesses, and the judge will decide whether a retrial is warranted.
