UTICA, N.Y. ( WUTR-TV) — In July of 2019, Jason D’Avolio was charged with shooting his wife, Kerrliee in the back of the head then throwing her body into a dumpster, that was eventually emptied into a landfill. D’Avolio says that he found Kerrilee dead, and decided to dispose of her body without alerting police.
On Monday 12 jurors and 4 alternates were selected for the trial. D’Avolio appeared in Oneida County Court with two attorneys, Judge Michael Dwyer began by reading a set of instructions for the jurors to consider throughout the course of the trial.
Opening statements began with Assistant District Attorney Joshua Bauer where he says he doesn’t believe Kerilee took her own life.
“In the final analysis you’ll be able to set aside any speculation whatsoever as to Kerrilee’s mental health at the time of the death. You’ll see that her mental health history is nothing more than a convenient cover for what really happened” – Joshua Bauer, Assistant District Attorney, Oneida County
In the defense’s opening statement, public defender Leland McCormac said that although their marriage wasn’t perfect, D’Avolio was never violent and said Kerrilee suffered from mental illness.
“Kerrilee was not only depressed she suffered from suicide ideation, and counter to what the prosecution contends, she did make a few suicide attempts in the past a you’re going to hear testimony about that.” – Leland McCormac, Public Defense Attorney, Oneida County
Judge Dwyer says the trial will likely span over the next 2 weeks. Court resumes Wednesday morning at 9:45 a.m. with witnesses.