Judge rejects convicted murderer's appeal
Published: December 10, 2009
NANTUCKET, Mass. - A Superior Court judge has rejected the appeal of a former New York bank executive convicted of first-degree murder for stabbing his girlfriend in her Nantucket bungalow.
Thomas Toolan III, currently serving a life sentence for killing Elizabeth Lochtefeld in 2004, claimed in his appeal that two jurors during his 2007 trial had improper contact with a friend of the victim's family and the same jurors slept through parts of the trial.
Judge Richard Connon wrote in his decision that there was not enough evidence to suggest the jurors were exposed to "extraneous influences" and he never noticed jurors sleeping.
Toolan's lawyer, James Sultan, tells the Cape Cod Times that he will now appeal to a higher court.
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