May 30—FARMINGTON — Justice William Stokes will decide whether a former Jay man serving 38 years for bludgeoning his former girlfriend do death with a bat in 2017 will have his conviction thrown out because he didn’t understand the trial process because he is deaf.

A two-day post-conviction review of the case against James E. “Ted” Sweeney concluded Wednesday in Franklin County Superior Court.

He was convicted of murder after a five-day bench trial before Stokes in January 2019.

Sweeney, then 58, was found guilty of “knowingly and deliberatively” striking Wendy Douglass, 51, in the face and head three times with a bat while she slept in her home at 5 Jewell St. in Jay, according to previous testimony.

Sweeney turned himself in July 11, 2017, at the Androscoggin County Sheriff’s Office in Auburn. He pleaded not criminally responsible by reason of insanity in October 2018. He had some mental health issues that were likely exacerbated by his deafness, according to previous testimony. An expert for the defense concluded that Sweeney had schizophrenia, but a state expert said he had post-traumatic stress disorder and anxiety disorder. Medical records for Sweeney also indicated depression.

The defense’s review petition centered around whether Sweeney understood all the stages and steps of the trial, which included three American Sign Language interpreters.

Six interpreters translated Tuesday and Wednesday.

On Tuesday, defense attorney James Mason of Handleman & Mason in Brunswick, interviewed retired lawyer Walter “Woody” Hanstein, one of two attorneys who represented Sweeney at his trial.

Hanstein testified that an ASL interpreter met with Sweeney and then worked with the defense team during the whole process, including the trial.

Sweeney communicated through writing, reading lips and the interpreter, Hanstein said.

“He was a prolific letter writer,” Hanstein said, and sent a “voluminous” amount of letters to his office, so many he couldn’t read them all.

Sweeney testified through interpreters Wednesday that he had mental illness and was better now at reading sign language than during the trial. He also testified that he could follow along “pretty good” with the proceedings Wednesday, but he did not know he could tell the defense team during the trial that he didn’t understand all of what was going on.

Leane Zainea, assistant attorney general, cross-examined Sweeney through interpreters, asking him to answer “yes” or “no” to questions. He testified that in 2017 he communicated mostly by reading lips and through writing.

Zainea asked if he complained to the trial interpreters or defense attorneys that he could not follow along in the trial.

“It was five years ago and it is just like Woody mentioned, five years ago, it is hard to remember,” he signed, according to interpreters.

Zainea pointed out that he wrote notes to his attorneys at the defense table during the trial. She asked why he didn’t tell anyone he couldn’t understand.

He signed that he felt overwhelmed with all the people looking at him and it was probably because of what he was creating in his mind what was going on in the trial. He also didn’t know he could tell anyone, he signed.

According to trial testimony, Sweeney went to the Androscoggin County Jail and motioned for a corrections officer to give him paper and pen, and wrote a note that he gave to a corrections officer.

“I’m going to jail cause I hurt my girlfriend. I live at 5 Jewell St. in Jay. My name is James E. Sweeney, please check Wendy Douglas at 5 Jewell St. in Jay Maine. I did wrong,” the note read.

Sweeney and Douglass had been in a 10-year relationship before she broke it off in June 2017. Douglass allowed Sweeney to stay in an upstairs bedroom. Her bedroom was on the first floor.

Maine Supreme Judicial Court upheld Sweeney’s conviction in December 2019.

Defense and state attorneys will submit written statements to Stokes.

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