Trial date set for man authorities witnessed shoot and kill three-month old son

By By JOLEEN FERRIS

UTICA, N.Y. (WKTV) - An Oneida County Judge has set a trial date for the Rome man accused of shooting his infant son to death in front of several police officers back in June.

Adam Theall, 21, is accused of shooting his son, three-month-old Eithen Theall, to death at Adam Theall's parents' Blossvale home on June 22, 2010.

Thursday in court, Theall was supposed to accept or reject a plea offer from the District Attorney's Office, but his attorney said he couldn't do that because Theall couldn't understand the proceedings against him and therefore couldn't aid in his own defense.

Attorney Patrick Marthage asked the judge to order a psychiatric exam for Theall. The judge told Marthage he'd have to make such a request in writing, and that it would have to be supported by adequate reasons. The judge then asked Theall if he knew who his attorney, the prosecutor and the judge himself were. Theall answered all the questions.

The case is apparently headed for a psychiatric defense, aimed not at Theall's mental state right now, but his mental state at the time of the crime.

"As for the psychiatric defense, which is different, he did provide me a notice saying that's what he intends to produce at trial," says Oneida County District Attorney Scott McNamara.

Several members of three-month-old victim Eithen Theall's family were in court today, including his mother, grandmother and grandfather.

The judge set a trial date for November 29.

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