Kinner, who pleaded guilty last week to involuntary manslaughter for her part in the incident, has given seven statements to detectives and the grand jury, according to the defense.
“They are inconsistent … she is all over the place,” said Frank Schiavone III.
The defense team filed a motion questioning Kinner’s competency because a forensic evaluation, which would include a psychological examination, was ordered last Friday after the plea. The defense also wants to review Kinner’s statements as part of that evaluation in preparation for trial.
“Without this witness they have no evidence at all,” said Frank Schiavone IV. The defense added they should have access to all statements by Kinner, even if it is just to impeach her on cross examination.
The prosecution has released Kinner’s grand jury testimony, which totals 435 pages, to the defense. The Kinner evaluation was one ordered before sentencing to be considered as part of mitigation.
Butler County Judge Keith Spaeth ruled Kinner’s testimony could be included at trial and she was not incompetent based on just the ordering of the evaluation. He did not rule on whether Kinner’s statement would be given to the defense.
Another wrinkle in the argument is that Kinner is not scheduled to be sentenced until May 5, more than a week after Young’s trial is scheduled to begin on April 25. So, the evaluation and statement may not exist until then.
Spaeth made it clear he would not be moving the trial date or intervening with the evaluation scheduled for Kinner.
“It is not my job to help the defense or the state get your evidence,” Spaeth said.
During the 90-minute hearing Thursday, some aspects of the case also came to light — Young had teeth pulled just days before Kinsley’s death in early December and told others he was in pain, according to the prosecution said. On at least one occasion, Kinner tried to intervene with Young’s discipline of her child and was assaulted herself, and Kinner and Young argued via text message about his punishment of Kinsley, according to the prosecution.
A hearing has been scheduled for Wednesday to consider other motions, including a request by the defense for the jury to view the crime scene.
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