Utica Murder Suspect Deemed “Mentally Unfit” To Stand Trial

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The man charged with second-degree murder in connection to a March stabbing death in Utica has been deemed unfit to stand trial. Dennis Mosley, who’s accused of killing Allen Minor inside the Olbiston Apartments earlier this year, was in court when the judge made the decision.

After listening to two psychologists in Oneida County Court this morning, the judge agreed that Mosley was mentally unfit to stand trial. His murder and robbery charges will remain on hold while he seeks treatment at a psychiatric facility.

Dennis Mosley has undergone 2 psychiatric exams following Judge’s orders. Both psychologists took the stand today, and both say Mosley is not fit to proceed in the trial.

“I believe the court made the proper decision based upon the psychological testimony that was provided that he’s currently not to assist in his defense of this charge and he is not fit to proceed,” says Donald Gerace, Mosley’s defense attorney.

The first psychologist said Mosley couldn’t do simple math or remember common words.

“He seemed vacant in the sense he didn’t seem emotionally present; somewhat distracted,” says Dr. Kristina Berg, Licensed Psychologist.

But the Prosecutor didn’t seem so sure. He questioned both psychologists about ‘malingering,’ which means exaggerating illness or the symptoms of mental disorders. The Prosecution says this is sometimes used by a defendant to lighten a criminal sentence.

“In any case where a criminal defendant is facing lengthy incarceration, obviously that can be an interfering factor in terms of being entirely candid and performing up to their level on those tests and of course that will affect the accuracy and outcome on those tests,” says Michael Coluzza, First Assistant District Attorney.

The second psychologist said some of Mosley’s comments were “over the top,” but he says, “I’ve evaluated many malingerers and they present differently then Mosley… He is intellectually limited,” says Dr. David Stang, licensed psychologist.

The Judge agreed with the psychologists and committed Mosley to a psychiatric facility where he will be treated. The prosecutor says now it’s just a waiting game.

“Hopefully he will be back into criminal court and we’ll be ready to proceed with our evidence at that time,” says Coluzza.

Mosley will be sent to a psychiatric facility where he will be treated and evaluated for up to 1 year, or until he is found mentally fit to stand trial.

As far as Mosley’s co-defendant, Kelly Marshall, her hearing is set for July 17th. We reached out to her Defense Attorney to get a response to Mosley’s outcome today.  Adam Tyksinski, Kelly Marshall’s Defense Attorney, says Mosley’s mental status will affect her case but he it may be for the better. He says Mosley will be unavailable at trial, and that will lessen the amount of evidence that they have to proceed against Marshall.

Ms. Marshall’s Defense Attorney says Mosley’s mental status will affect her case as well, but he says it may be for the better.

“If the courts find and the doctors find he was incapacitated and that some of the statements he decided to make were unavailable at trial and obviously he is unavailable at trial, that would obviously lessen the amount of evidence that they have to proceed against my client,” says Adam Tyksinski, Kelly Marshall’s Defense Attorney. – See more at: http://cnyhomepage.com/hometown-heroes-stories?nxd_id=181432#sthash.IfoetfxM.dpufsays Mosley’s mental status will affect her case as well, but he says it may be for the better.  “If the courts find and the doctors find he was incapacitated and that some of the statements he decided to make were unavailable at trial and obviously he is unavailable at trial, that would obviously lessen the amount of evidence that they have to proceed against my client,” says Adam Tyksinski, Kelly Marshall’s Defense Attorney

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