Defense attorneys for a teenager accused of murdering her mother are expected to call their first witness to the stand on Wednesday after a judge makes a decision on expert testimony.
Outside the presence of a jury, Rankin County District Court Judge Arthur Dewey ruled Tuesday to allow the defense to present an expert witness to testify about defendant Carly Madison Gregg’s mental state at the time of the March shootings.
Gregg, 15, is accused of murdering her 40-year-old mother, Ashley Smylie, and attempting to murder her 39-year-old stepfather, Heath Smylie, at the family’s Brandon home in the 200 block of Ashton Way on March 19. Gregg was 14 at the time of the crime.
Bridget Todd and Kevin Camp, Gregg’s attorneys, argued late Tuesday afternoon that their client was not in a stable mental state at the time of the incident due to underlying mental health conditions and a change in medication.
The defense is expected to call an expert witness to speak about the drug Lexapro, which Gregg was allegedly switched to shortly before the shootings. According to court documents, the expert claims that Lexapro “exacerbated” Gregg’s pre-existing mental health disorders.
However, the prosecution objected on the grounds that the expert should be barred from testifying because he could not comment on whether the drugs were a “direct cause” of Greg committing the alleged crimes.
“Just a sweet little girl”: Stepfather testifies in trial of Carly Gregg, who is accused of murdering her mother
Arthur decided in favor of the defense.
“…This court has little confidence in excluding a witness, even though it was disclosed, who was discontinued well after the evidentiary deadline, even though the vast majority of the opinions appear to be inadmissible evidence of diminished responsibility and even though they do not meet the requirements, the court will reject the state’s objection,” Arthur said. “Trial courts are in a bad position on this. There are too many retractions when we exclude something that is considered to be the defendant’s case, and I will be quite frank, this is not a case this court wants to see again. However, the defense raises insanity and that opens the doors to a lot of things.”
Arthur continued, stating, “I will allow the expert to testify on a late disclosure report that essentially speaks of diminished capacity and does not meet the burden of proof required in the state. However, everything is in favor of the defendant.”
Gregg is charged with murder, attempted murder and tampering with evidence. If convicted, Gregg faces 20 years to possibly life in prison.
The state concluded its evidence on Tuesday. The defense is expected to call more than one witness to the stand.
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