Daily Freeman (Kingston, NY)

Jury to get murder case today

Mental state of defendant at time of killing in Kingston is key issue

- By Patricia R. Doxsey pdoxsey@freemanonl­ine.com

KINGSTON, N.Y. » Jury deliberati­ons are expected to begin Wednesday in the murder trial of Seth Lyons. The prosecutio­n and defense rested their cases Tuesday after psychiatri­c experts offered conflictin­g testimony about Lyons’ mental health history and his mental state at the time he killed 49-year-old homeless man Anthony Garro.

Garro’s badly beaten body was found around 9 a.m. Nov. 29, 2017, beneath the Elmendorf Street overpass along the unused Ulster County-owned railroad corridor that runs through Midtown Kingston. Lyons, 20, of Ulster Park, has confessed to the attack, but the defense contends he didn’t mean to kill Garro and that he suffered from “extreme emotional disturbanc­e.”

Lyons was spotted at a local convenienc­e store a few hours after the fatal attack, still wearing the bloodstain­ed clothes he

had on at the time he beat Garro with his fists, a beer bottle, rocks, a brick and a tree stump.

He admitted to police that he pummeled Garro — first because he believed Garro had stolen his cell phone, then because he thought Garro was trying to sexually assault him.

On Monday, Dr. Stephen Price testified under questionin­g by defense attorney Bryan Rounds that Lyons suffered from bipolar disorder, schizoaffe­ctive disorder, obsessive-compulsive disorder, depression, anxiety, paranoia and posttrauma­tic stress disorder, and that he had a long history of significan­t drug abuse. Price said Lyons’ actions were brought on by

mental illness and drugs and were “triggered” by the belief that Garro was trying to sexually assault him.

The prosecutio­n says Lyons intended to kill Garro because he believed Garro had stolen his cell phone and wouldn’t empty his pockets to prove he didn’t have the device.

Under questionin­g by Ulster County Chief Assistant District Attorney Michael Kavanagh, Price testified that Lyons was aware of what he was doing when he struck Garro repeatedly.

“And when he picked up that boulder and dropped it on him?” Kavanagh asked.

“It was all part of the beating,” Price said, adding that Lyons “intended to assault” Garro.

Dr. Kevin Smith, the psychiatri­st called by the prosecutio­n, rejected Price’s findings, saying that, in

his opinion, “Seth Lyons did not lack the requisite capacity to form intent to commit the crime” and “did not suffer extreme emotional disturbanc­e.”

Smith said Lyons suffered from an antisocial personalit­y disorder with substance-induced bipolar disorder. The psychiatri­st said he rejected the notion that Lyons suffered from “extreme emotional disturbanc­e” at the time he killed Garro because he was able to recall details of the incident.

Under cross-examinatio­n, Rounds tried to elicit from Smith testimony that would show the prosecutio­n witness was cherrypick­ing the psychiatri­c informatio­n he shared with jurors, reading off a laundry list of diagnoses from other medical profession­als that Smith had not detailed for jurors, including

that Lyons had been diagnosed as bipolar from a young age and that he had been hospitaliz­ed on at least five occasions since he was 14 specifical­ly related to bipolar and anxiety disorders.

The two sides will deliver are to their closing statements to jurors when court resumes at 9:30 a.m. Wednesday.

Ulster County Judge Donald A. Williams said he will give jurors the option of convicting Lyons of second-degree murder, firstdegre­e manslaught­er or second-degree manslaught­er. Additional­ly, if jurors find that the facts support all the elements necessary to find Lyons guilty of murder, he will allow jurors to decide whether the defense has proven to them that Lyons’ actions were the result of “extreme emotional disturbanc­e.”

 ?? TANIA BARRICKLO — DAILY FREEMAN ?? Seth Lyons is shown in Ulster County Court on Tuesday.
TANIA BARRICKLO — DAILY FREEMAN Seth Lyons is shown in Ulster County Court on Tuesday.

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