Trial juror dismissed for illness; Concerns raised about failure to turn over recording of defendant’s wife
The second week of the trial of the Washington County man accused of shooting and killing a woman in his driveway began with a juror being excused for illness and more questions over the testimony of Kevin Monahan’s wife.
Monahan, 66, is standing trial on a second-degree murder in the death of Kaylin Gillis, 20, last April.
After a three-day break for the Martin Luther King Day holiday, Judge Adam Michelini began the proceedings on Tuesday by informing both the prosecution and defense that one of the jurors called stating they were “sick as a dog” and had flu-like symptoms. He was dismissed and replaced with the first alternate juror, so the makeup of the jury is now eight men and four women.
In addition, defense attorney Arthur Frost raised an objection to an audio recording of Jinx Monahan speaking with First Assistant District Attorney Christian Morris, Jinx Monahan’s attorney and an investigator that was not turned over to his office.
Morris explained that it was an oversight.
“I actually forgot all about the audio recording. I remember being there. I remember the conversation,” he said.
Morris explained that the area investigators use a different system for evidence documentation than the district attorney’s office. The investigator had uploaded the document into the system, but did not file the paperwork documenting its existence.
Morris said he bears the responsibility.
“That this was missed out of 3,500 files is something that happens,” he said.
He pointed out that the conversation did not contain any exculpatory information.
“Since she was on (defense’s) witness list, this could have hurt them,” he said.
Morris said the remedy would be to bring Monahan back to testify.
Judge Michelini took this under advisement.
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