Kevin Monahan trial enters second week

FORT EDWARD, N.Y. (NEWS10) -- Testimony in the murder trial for Kevin Monahan entered its second week. The Washington County man is charged with second-degree murder, reckless endangerment and tampering with physical evidence in the shooting death of Kaylin Gillis. Gillis was a passenger in a car that mistakenly turned around in Monahan’s driveway in April 2023.

Prior to continuing witness testimony, the court excused one juror because of illness, selecting an alternate to serve in their place.

Christian Morris, First Assistant District Attorney, called Sgt. Christopher Murray, with the Washington County Sheriff's Office, to the witness stand. Murray responded to the scene on Cemetery Rd where Gillis' friends attempted to receive help from first responders and then went to Monahan's home.

Murray testified officers were armed and took cover, for their own safety, when responding to Monahan's home because of the nature of the call. He said Monahan was communicating verbally with law enforcement on his property by yelling from his porch. Murray described the safety measures officers on scene took and the arrival of the New York State Police Special Operations Response Team (SORT).

The court then watched portions of a 50-minute video from Murray's body camera on April 15, 2023. In that video, Monahan can be heard clearly telling law enforcement that nothing happened that night.

“Nothing, that I know of," Monahan said. "I was sound asleep."

Jinx Monahan, who testified last week and was deemed a hostile witness for acting favorable to the defense, could be heard in the video telling officers no one stopped by or came up the driveway that night before law enforcement arrived.

Parts of the body camera video were muted. The court heard one reference to a "Mausert," referencing Kurt Mausert, one of Monahan's attorneys. That mention by Monahan in the video caused Arthur Frost, Monahan's defense attorney, to motion for a mistrial. He claimed that mention could prejudice the jury to imply an admission of guilt. Judge Adam Michelini denied that motion, agreed with the prosecution that the mention did not constitute as Monahan invoking his right to an attorney, and then instructed the jury not to make any references based on the comment.

During cross-examination, Frost asked similar questions to the other law enforcement officers who have testified in this trial. He asked about what they noticed about the property, signs on the mailbox, if the lights were on in the home and how they asked Monahan to come out and speak to them.

In the afternoon, the prosecution called Harold Spiezio, Senior Investigator with the Washington County Sheriff's Office, to the stand. He detailed the response to the scene on Cemetery Rd and the interviews and investigations that followed.

Spiezio described obtaining a search warrant for Monahan's home. He said upon searching the outside of the property, including the lawn, driveway and porch, they did not find any evidence of a fired shotgun including wadding or shell casings. Spiezio said he also obtained a warrant to search three vehicles on Monahan's property for evidence of a fired shotgun and found nothing.

Prosecutors alleged during opening statements that Monahan cleaned and tampered with the shot gun, leading to a tampering with physical evidence charge.

Frost cross-examined Spiezio on the exact methods of their search for shell casings and how many vehicles could have driven up Monahan's driveway between the 911 call and the executed search warrant.

Other investigators were also called to the stand. They testified about the way evidence was processed in this case and the chain of custody process regarding a buccal swab, other DNA evidence and Monahan's shotgun.

A forensic investigator with the New York State Police testified about evidence taken from Monahan's home, including the shotgun, revolver and clothes Monahan was wearing. He also took photos of the Ford Explorer Gillis was in at Cemetery Rd. Those photos clearly displayed a bullet hole in the SUV, as well as blood stains on the passenger seat and metal fragments in the vehicle.

Testimony will resume Wednesday at 9:00 a.m.