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Defense witnesses take the stand as Jason D'Avolio murder trial continues

An attorney, a police officer, a doctor and a friend each took the witness stand, Friday, in the murder trial of Jason D'Avolio.

Posted: Oct 30, 2020 5:09 PM
Updated: Oct 30, 2020 5:55 PM

UTICA, N.Y. -- An attorney, a police officer, a doctor and a friend each took the witness stand, Friday, in the murder trial of Jason D'Avolio. D'Avolio is accused of killing is estranged wife, Kerrilee D'Avolio, and putting her body in a dumpster. Jason D'Avolio had a question for his divorce attorney, six days before his estranged wife's body was found in the Ava Landfill.

"His question on that date was 'how long does it take for an abandonment to occur?'" said attorney, Meade Versace.

Also on the witness stand, the Rome Police officer who booked Jason D'Avolio on a charge of unlawful concealment of a human corpse.

"Very unusual for someone who just lost his children's mother. Very flat. He didn't show any emotion during suicide screening when he made statements that his wife was dead. There was blood everywhere," said Officer James Bristol.

A doctor took the stand for the defense. Dr. Scott David Eaton reviewed reports from other doctors' sessions with Kerrilee D'Avolio and offered opinions about Kerrilee D'Avolio's mental state.

"I noticed a number of behaviors at the time that would indicate possibility of an adjustment disorder," said Dr. Eaton. "I have studies noted here that indicate adjustment disorder could increase the risk of suicide 12 times."

The prosecution refuted the doctor's opinions about Kerrilee D'Avolio's mental state.

"We just went through all nine criteria and she doesn't hit on any of them, does she?" asked Prosecutor, Michael Coluzza. "Correct," responded Dr. Eaton.

The prosecution also got the defense's witness to acknowledge a statistic that does not support the defense theory that Kerrilee D'Avolo committed suicide.

"Doesn't that report state that women, as a gender, are 73% less likely to commit suicide by the use of a firearm than men?" asked Coluzza.

"I believe so, yes," said Dr. Eaton.

A friend of Jason D'Avolio took the stand and testified about his and Kerrilee's interraction with their children.

"When he and Kerrilee were together, who did it seem was taking care of the kids?" asked Coluzza.

"I had seen Jason do it the most," said Jim Wakefield.

Jason D'Avolio is expected to take the witness stand on Monday.

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