ASHLAND - The long-awaited trial of serial killings suspect Shawn Grate could be delayed, the court learned Thursday.
Defense attorneys Robert and Rolf Whitney filed a motion Thursday afternoon that asked the court to pay a company from New Mexico at least $14,500 "for additional testing, evaluation, consulting, travel," that could help them find "possible evidence that could help the defense."
Prosecutor Chris Tunnell said the request was "deeply troubling to the state," and should be addressed before jurors are sworn in so that a mistrial is avoided. Tunnell said the motion came much later than it should have, and that he's not sure it's even necessary.
Grate, 41, last year retained the services of Dr. John Fabian, a forensic and clinical psychologist, who performed a comprehensive neuropsychological evaluation of Grate, and alleged then that the man had "a number of complicated mental health issues."
Ashland County Common Pleas Judge Ron Forsthoefel said Fabian still has not provided a complete report.
PHOTOS | Jury selection underway in the Shawn Grate trial
"We continued this trial once because Dr. Fabian wasn't going to be ready," Forsthoefel said.
The judge said he wants to conduct a hearing Friday with Fabian to determine whether or not further evaluation of Grate is legally required. Forsthoefel said he wants to know by 10 a.m. Friday if that hearing will take place Friday afternoon.
"I'm going to put Dr. Fabian under oath," Forsthoefel said. "I'm going to require that Dr. Fabian provide a report to the court by May 4."
Although the next step of the trial is suddenly unsure, the final prospective jurors were selected Thursday as the Whitneys and Michael McNamara, a special prosecutor helping the state, finished interviewing potential jurors to determine whether they would fairly consider the death penalty, should Grate be found guilty.
The questions weren't easy for everyone to answer.
"If just talking about it makes you cry, do you think you can do this?" McNamara asked one woman.
"Yes, sir," she responded as she wiped her tears. "I believe it's my duty."
Another indicated Grate was guilty and should be sentenced to life in prison. Forsthoefel excused the woman quickly.
"Good," she said, already walking toward the door. "Thank you."
A muscular young man, an elderly man and a middle-aged woman each paused at length as they searched themselves for answers to a short question from Rolf Whitney: "Have you considered putting your name on something that says 'Shawn Grate shall die?'"
The elderly man had no hesitations saying he should.
"A life for a life?" Forsthoefel asked.
"Yes."
The younger man said he was against the death penalty, but would consider it, should the court require it of him.
The woman looked at the man accused of killing two women, and struggled with the idea of sentencing him to death.
"You can't take this lightly," she said. "This is a person's life we're talking about here."
Final jury selection and opening statements are tentatively scheduled for Monday.
ztuggle@gannett.com
