Defense to assess Laning's mental health

By Amaris Elliott-Engel / The Citizen

Friday, May 6, 2005 10:31 AM EDT

AUBURN - The attorney for Andrea Kell's accused murderer has secured a court order for funding of expert witnesses to explore an extreme emotional disturbance defense.
Bradley Laning, 17, of 1327 Poplar Ridge Road, Aurora, is accused of stabbing his girlfriend, Kell, several times with a butcher knife at the Cayuga Community College's nature trail March 31. He was arraigned Thursday in Cayuga County Court on an April 14 grand jury indictment.

Judge Peter Corning agreed to submit the order for the payment of expert witnesses. The order will allow for the immediate arrangement of a clinical psychologist to do an evaluation of Laning, who is being held at the Cayuga County Jail, Laning's defense attorney Simon Moody said.

Moody requested the order to hire a clinical psychologist, an investigator and a mitigation specialist, who will gather information from hospitals, social service agencies and school systems that have dealt with Laning.

Moody wants to see if the findings will substantiate an extreme emotional disturbance defense, which could reduce Laning's second-degree murder charge to a lesser charge.

"An extreme emotional disturbance defense is not a complete defense but it does justify the reduction of the charge from second-degree murder to first-degree manslaughter," Moody said.

Laning is charged with second-degree murder in Kells death and second-degree menacing for allegedly gesturing the butcher knife toward a jogger, who witnessed the immediate aftermath of the crime.

Corning continued Moody's assignment to represent Laning through the county's assigned counsel program, which supplies attorneys for defendants who cannot afford their own lawyer.

During Laning's arraignment in Auburn City Court April 1, Laning confirmed he was not employed, did not have a general equivalency diploma and had only attended school through 10th grade.

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