No jurors were seated on Monday as the trial began for the Washington County man accused of shooting and killing a woman who was a passenger in a vehicle that had mistakenly turned around in his Washington County driveway last April. 

Kevin Monahan, 66, has been charged with second-degree murder in the death of 20-year-old Schuylerville resident Kaylin Gillis. Gillis was with a group of friends that had gotten lost on the night of April 15 and turned around in the driveway of Monahan’s home on Patterson Hill Road on their way to a friend’s house. 

Prospective jurors began filing into Washington County Court just before 9 a.m. A record number of 500 were called for this trial and around 200 have been summoned Monday. They met privately in groups of about 20 with Judge Adam Michelini and the prosecution and defense if they had a reason they wished to be excused. The media has been excluded from this part, which is ahead of the more formal jury selection. That may not begin until Wednesday.

Before meeting with prospective jurors, Michelini heard arguments on a series of motions. Monahan’s attorneys had sought to block the use of the terms “victim” and “perpetrator” because they said it would be prejudicial to their client. 

Washington County First Assistant District Attorney Christian Morris, who is the lead prosecutor on this case, said he does not intend to use any of those terms.  

Morris said he cannot recall using the terms “victim” or “perpetrator” in his 18-year legal career.  

“Suspect, person of interest are the typical terminology used by law enforcement – not victim and perpetrator,” he said.  

Defense attorney Arthur Frost said he is content with that, but still will raise the issue at trial.  

“If a witness uses the term, I will likely object,” he said.  

Defense counsel also wanted to bar people from wearing any clothing or items supporting Gillis. Michelini said his court protocols would not allow wearing descriptive buttons or clothing.  

Morris also said he has spoken with supporters of Gillis and instructed them not to demonstrate or rally anywhere near the courthouse.  

Most recently, Monahan’s attorneys raised issue with being recorded when they went to the Washington County Sheriff’s Office to inspect the 20-gauge shotgun used in the shooting.

The video was to protect both the people and defense if anything happened during that inspection that was favorable to either party’s case, Morris said.

“It’s the murder weapon in the trial of this size. Of course, it’s going to be recorded to protect the integrity of the evidence. Equal protection for both sides.”  

Frost said he does take issue with the term “murder weapon.”  

“No jury has said there’s been a murder here,” he said.  

The defense counsel also sought to bar character testimony. 

“Everybody properly mourns the loss of this young lady. It would be very easy and understandable if witnesses who are family and friends would seek to extol her virtues. While I understand that, it’s not relevant to what happened,” Frost said.  

“What’s relevant is the 10, 15 minutes at the Monahan residence on April 15,” he added.  

Morris said the only testimony related to her personal life would be that Blake Walsh is her boyfriend and that relates to who was in the car with her.  

There was also a concern about two people on the witness list with the last name Gillis. Morris said they are not related to Gillis, but two officers from Hudson Falls that transported Monahan from his residence to the law enforcement center. 

Another issue of concern for the defense was any testimony regarding the defendant’s facial expressions during the trial. Morris said the jury can see that and make conclusions for themselves.  

“If the defendant takes the stand, his demeanor is fair game for comment, just like it is for any other witness,” he said.  

In addition to murder, Monahan also has been charged with reckless endangerment and tampering with physical evidence. Investigators were not able to find one of the shotgun shells fired from Monahan’s 20-gauge shotgun. 

Monahan’s attorneys also sought to have the lesser included offenses of manslaughter and criminally negligent homicide in the charge to the jury. Michelini said he would decide on that when we get to that point of the trial.  

Local attorney Paul DerOhannesian said that is a significant issue as murder carries a sentence of 25 years to life and manslaughter has a 15-year prison sentence.

Morris filed two motions to bar testimony related to the character and background of Monahan. Another issue related to a mental health evaluation. He said that the prosecutors would put the doctor that evaluated Monahan on the stand only as an impeachment witness to rebut something Monahan says during the trial if he testifies.   

Washington County District Attorney Tony Jordan is the second chair for the trial. Kurt Mausert is the co-counsel for Monahan.