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BY MEGHAN V. MALLOY
Staff Writer Kennebec Journal & Morning Sentinel 11/18/2009

BY MEGHAN V. MALLOY

Staff Writer

A 19-year-old man accused of a predawn attack on a former legislator's family is seeking to withdraw his guilty plea.

Leo R. Hylton pleaded guilty May 29 to three counts of attempted murder and one count each of robbery and burglary in connection with the Pittston home invasion of the Guerrette household in June 2008.

Police say he and his former foster brother, Daniel L. Fortune, attacked William Guerrette Jr., then 48, and his daughter, Nicole, then 10, with a machete.

Lisa Whittier, Hylton's attorney, said when her client entered a guilty plea, he did not have "full and appropriate advice of counsel, or without truly understanding the nature and effects of the charges."

Because of his plea, the prosecution had dropped four aggravated attempted murder charges, which carry life sentences.

"At the time, he felt he had no other options (but to plead guilty)," Whittier told Justice Nancy Mills Tuesday in Kennebec County Superior Court.

Hylton was represented by Robert J. Ruffner at the time of the guilty plea. He requested, and was granted, a different attorney in September.

Whittier said Hylton "expressed extreme displeasure" with his former legal counsel, including writing a letter detailing how he would not hear from Ruffner for months.

Deputy District Attorney Alan Kelley said that, for the letter to be considered as basis for Hylton to withdraw the plea, the prosecution would ask for Ruffner "to be interviewed and his testimony considered."

William Guerrette Jr. and his wife, Melanie Guerrette, were present at Tuesday's hearing.

"I'm frustrated. I'm absolutely frustrated," William Guerrette said. "At the end of the day, (Hylton) said he did it, and there's no doubt he did it, so why is he trying to change his plea now?

"We want this behind us, and by dragging it out, he is further victimizing my daughter, my wife and myself."

William Guerrette Jr. suffered multiple broken bones and a severed eye muscle that required surgery, and also lost a finger. He has undergone several months of speech, physical and occupational therapies.

Nicole's skull was fractured and she developed a bone infection. She also suffered multiple deep lacerations. Her father said she is "physically doing well, but mentally and emotionally, she is still struggling."

Fortune, Hylton's roommate at the time of the incident, pleaded not guilty to all charges, including four counts of aggravated attempted murder, in February.

His trial has been scheduled for next month, his attorney, Pam Ames, said Tuesday.

Meghan V. Malloy -- 623-3811, ext. 431

mmalloy@centralmaine.com

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