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Updated: Prosecutor says self-defense theory doesn't fly

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Jason Cote. right, with member of defense team Thursday in Skowhegan County Superior Court fense (Courtesy Central Maine Morning Sentinel)

SKOWHEGAN, Maine - Opening statements began today in the murder trial of a Maine man who prosecutors say bludgeoned to death Rochester native Ricky Cole inside his Detroit home in July 2013.

Defense attorney Caleb Gannon tossed a bombshell right off the bat saying that Cole had an imaginary friend named Vern who lived in a box and told Cole whom to hurt and that accused killer Jason Cote was aware of Vern, fueling a defense contention that Cote acted in self-defense.

Cote has pleaded not guilty.

Gannon also told the court about comments allegedly made by Cole that he had killed two people in New Hampshire and bragged that he was being investigated on a weapons charge by the ATF.

Gannon said Cole had threatened Cote who acted in self-defense the night of Cole's death.

Ricky Cole

Meanwhile, a family member of Cole's who asked not to be identified told The Lebanon Voice last month that Cole had been convicted of manslaughter in a drag-racing death in 1991 and served five years of a seven-year sentence, but there were no other death charges in New Hampshire.

Prosecutors so far have failed to substantiate any such claims that Cole killed two people in the Granite State.

Police affidavits say Cote had snorted methadone and Xanax the night Cole died and had gone to Cole's Detroit home to get more drugs.

Cole was later found bludgeoned to death in the early morning hours of July 18.

Cote is charged with beating Cole to death with a pipe.

While Cote's lawyers posed the self-defense theory, Assistant Attorney General Leanne Zainea said Cote killed Cole in a brutal attack. She said Cole's head was "stomped" by Cote and hit so many times with a pipe that blood was spattered everywhere.

Self-defense "just doesn't work in this case," she said.

Brenda Brown, Cole's ex-wife, testified that she recalled Cole's imaginary friend Vern. She said Cole would tell their children that if they misbehaved, he would let Vern know.

Asked about the "RIP" tattoo Cole had on his neck she said it was a tribute to her father, whom Cole admired.

Robert Dunehoo of Detroit, where Cole lived, testified that early the morning of July 18, 2013, neighbors had come to his home in panic, wanting to use the phone to call police.

In her opening statements, Zainea told the jury Cote had told the neighbors he had hit Cole with a pipe.

Cote faces 25 years to life in prison if he is found guilty of murder.

Cole grew up in Rochester before moving to Central Maine about 12 years ago.

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