Trial date moved to September for brothers in killing
UTICA — The trial date for the Taberg brothers accused of attacking and killing their third brother has been moved to the end of September.
Matthew and Micheal Westcott had been scheduled to go before a jury early next month.
Oneida County Court Judge Robert L. Bauer set a new tentative trial date at Sept. 19 for the Westcott brothers following an appearance in court Friday by Matthew Westcott. The defense attorney for Westcott has asked for repeated adjournments over the past several months so that a defense-hired psychiatrist can examine him and compile a report, for a possible psychiatric defense.
Judge Bauer granted yet another adjournment on Friday to allow the psychiatrist more time. Westcott is scheduled to reappear in court on May 20.
The District Attorney’s Office will then be given time to conduct their own psychiatric examination, which could take several more months, prosecutors said. So Judge Bauer moved the impending trial to late September.
Westcott will stand trial alongside his brother, Micheal Westcott, in the death of their third brother, James Westcott.
According to state police, Matthew Westcott shot and killed James Westcott at their Route 69 home in the Town of Annsville on Sept. 17. Shortly after the shooting, troopers said Micheal Westcott took a knife and stabbed the dying James multiple times in the back of the head.
Matthew Westcott is charged with second-degree murder. Micheal Westcott is charged with attempted second-degree murder and first-degree assault.
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