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BRATTLEBORO -- A district judge said the trial for the man suspected of shooting and killing his former boss last August, is scheduled to take three weeks sometime after January 2013.
Judge David Suntag said he was concerned about the amount of time it is taking to hold a trial for Richard Gagnon, the former wine manager of the Brattleboro Co-op, who was charged with the first degree murder of Michael Martin.
During a scheduling conference Monday, between Deputy States Attorney David Gartenstein and Gagnon's attorney, Kerry DeWolfe, both sides said the reason for the lengthy preparation was the analysis of Gagnon's mental state.
In April, DeWolfe said her client was suffering from "diminished capacity" when he allegedly killed Martin.
The diagnosis came from Dr. Albert Drukteinis, a forensic psychiatrist, who wrote about Gagnon's psychiatric state leading up to the time of the shooting.
Gartenstein stated there were numerous issues with Drukteinis' report and sought a second opinion from Dr. Robert E. Linder.
According to Gartenstein, Dr. Linder has conducted one interview that took about five hours and returned a 160-page transcript.
He said the first interview focused on Gagnon's life surrounding the shooting and wasn't able to delve into his history, which is why a second interview is needed to finalize Dr. Linder's report.
DeWolfe said her client isn't asking for a speedy trial or for it to be
"He wants it to be prepared properly," she told the judge via telephone during the conference.
Gagnon will continue to be held without bail in Southern State Correctional Facility until his next court appearance.
If convicted, Gagnon is facing up to life without parole.
Josh Stilts can be reached at jstilts@reformer.com, or 802-254-2311 ext. 273.
