Aubain in Court: Prosecution Requests More Time For Psychiatric Report


UTICA, N.Y. (WUTR-TV) — In January of 2019, 30-year-old Naythen Aubain of Utica was arrested and charged with two counts of first degree murder. Aubain was accused of killing and dismembering both his 90-year-old grandmother Katherine Aubain, and her 87-year-old landlord Jane Wentka.

During his arraignment almost a year ago, Aubain said he killed them and chopped them up because they made him do nasty things. Since then, both the defense and prosecution were asked to provide psychiatric reports to determine whether or not Aubain was sane when the murders were committed.

After a few requests for an extension, the defense finally completed the version of the report in July of 2020. Today Aubain appeared in court and the prosecution was asked for their psych evaluation.

“Your honor we have not. Dr. Hershberger has informed our office that he does need more time to complete so he would ask for an adjournment for that report to be completed.” – Todd Carville, Assistant District Attorney, Oneida County

“Appreciating that I did grant at least one if not perhaps two adjournments to complete their expert examination, it’s only fair that I grant. Let’s call it one final adjournment for purposes of the people’s expert completing this report.” – Judge Robert Bauer, Oneida County Court

However, Judge Bauer also said he will not allow any more time for the prosecution to complete the report with this expert. If it’s not done next time, then Bauer said the prosecution should look into getting another expert that finish the evaluation as soon as possible.

Aubain is due back in Oneida County Court on Monday, December 21st.

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