Doctor who evaluated Monahan won’t be allowed on stand

A doctor who evaluated the man accused of shooting and killing a Schuylerville woman in his driveway won’t be allowed to take the stand.

Kevin Monahan, 66, is charged with the shooting death of Kaylin Gillis last April. Gillis was a passenger in a vehicle that had mistakenly turned up his Hebron driveway last April.

Defense attorney Kurt Mausert sought to include the evaluation of Monahan. Prosecutors oppose the inclusion of the information.

Judge Adam Michelini said defense counsel had initially filed a motion to submit evidence of mental disease or defect.

Mausert said the psychologist was retained to speak to Monahan’s state of mind at the time of the incident.

He said this could set a bad precedent. If the expert isn’t allowed to testify, the defense has “shot ourself in the foot” by allowing the prosecution to use the information included in the report against them.

First assistant district attorney Christian Morris said letting the expert testify could set a bad precedent for future prosecutors.

“There would be a path that every defendant could tell their story however they want to their doctor,” he said.

“Then, it can’t be used against them if they change their story,” Morris added.

Mausert said the doctor was hired to conduct a psychological profile of the defendant, his ability to deal with stress, level of aggression and if he has any propensity toward violence, in addition to his psychological state of mind.

Michelini said that the majority of the report should definitely be confidential.

However, he said that if their client takes the stand and testifies to something completely different than when he told the doctor, then the doctor could be called as a witness.

Another issue raised before testimony began for the day was the notion of testimony about a person’s character as opposed to their straight background.

The testimony about someone’s name and address is background details, Mausert said.

First Assistant District Attorney Christian Morris said things like “dream home” and “love of my life” veer into character.

Frost said the people are continuing to “conflate” character and background. They have failed to offer this court any appellate case to support their decision.

He said character applies to others see them. Background is objective statement – education, hobbies.

“Now of that is subject to perception,” he said.

If they were to put on a defense that their client is beloved by all and helps puppies at the animal shelter, Mausert said, that would veer into character.

“We’re not going there. We’re going background,” he said.

One of the other issues discussed before testimony related to Jinx Monahan’s testimony.  

The prosecution and defense were citing her statements to police. When asked if there had been any visitors and she said no.

In that interview, Mrs. Monahan indicated that she believed that the word “visitors” meant someone she would have inside her home.

Frost said he stands by his assertion that this is a prosecutorial violation.

Michelini said he offered the remedy of having Jinx be recalled as a prosecution witness. Defense attorney Arhtur Frost declined the offer.