Competency hearing for accused killer Mosley adjourned

By Gary Liberatore

(WKTV) - Dennis Mosley, 29, has been diagnosed with schizophrenia since before his teenage years, but now his mental illness is coming into question in determining whether the Albany native can stand trial for a murder in Utica.

Mosley is accused of stabbing 47-year-old Allen Minor to death at the Olbiston Apartments in March 2013.  Mosley was released from state prison for his role in a robbery just days earlier.

Three months after Minor's death, doctors ruled Mosley incompetent to stand trial.

Mosley's co-defendant 31 year old Kelly Marshall of Utica pleaded guilty to second-degree murder in December and is facing 20 years to life in state prison.

Now, more than a year after the crime, a psychiatrist at the Central New York Psychiatric Center, where Mosley has been held since he was deemed incompetent last June, has now ruled, in her opinion, he is capable of working with an attorney in his own defense.

Dr. Nicole Charter testified Thursday in Mosley's competency hearing that he answered questions relating to standing trial when she interviewed him for an hour on March 21.

Charter also testified that during that same interview, Mosley told her he heard voices.

"The voices said, 'Watch out for the doctors, they were putting stuff in your food,' " Mosley told her.

When Oneida County Court Judge Barry Donalty asked Charter for her diagnosis of Mosley, she said he suffers from schizophrenia, which he has had for about two decades.

Despite that diagnosis and Mosley's claims that he hears voices, Charter says Mosley is fit to stand trial.

"It's my opinion with reasonable medical certainty that at the time of my evaluation Mr. Mosley did have a sufficient ability to consult with his attorney," she said.

Mosley's defense attorney Donald Gerace requested Thursday's competency hearing, and says it's hard to base this big decision on Charter's one-hour interview with Mosley. She had never interviewed him before nor since.

"Based on my personal interaction with Mr. Mosley and my personal belief, I'm not a psychiatrist or medical doctor, but my personal belief is that Mr. Mosley does not understand the court process," Gerace said.

Two other doctors with the Central New York Psychiatric Center were set to testify after Charter, but once Charter was finished, the hearing was adjourned.

That's because Charter testified that she referred to other doctors' notes regarding their interviews with Mosley when making her decision.  Gerace says those notes are needed before going further with the other witnesses.

"They weren't called as witnesses today, because we don't have their actual reports and she indicated that she quoted from their reports, she never actually spoke to those individuals, but just reviewed their reports in making her determination.  So we thought it was best to get those reports before we have further witnesses testify, if any."

Oneida County Assistant District Attorney Michael Coluzza says he will be requesting records immediately.

"We will seek to have the Central New York Psychiatric Center produce reports indicating the defendant's course of treatment for the past several months, with what the course of treatment has been, what his progress has been and observations of psychiatrists have made of his functioning level," Coluzza said.

Mosley's competency hearing is set to resume on June 11.

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