New Canaan man charged in wife’s killing to undergo competency exam
STAMFORD — A 77year-old New Canaan man accused of fatally shooting his wife in 2021 was ordered to undergo a competency evaluation before moving forward with an insanity defense.
Judge Gary White ordered Albert Kokoth, 77, to undergo the evaluation during a court hearing Monday morning.
Mark Sherman, Kokoth’s attorney, said the request was made to ensure that his client understands “the proceedings and consequences” of moving forward with a not guilty by reason of insanity defense.
In January, Sherman told the court he expects Kokoth to proceed with an insanity defense. At the time, Sherman said he believed a report being conducted by an expert would conclude that his client is “dealing with a very serious mental health problem.
“This tragedy was the result of a mental health condition that we are currently investigating,” Sherman said.
If Kokoth moves forward with an insanity defense, Sherman would need to formally request a trial by a three-judge panel. The panel would then decide if he is guilty, not guilty, or not guilty by way of insanity.
If Kokoth is found not guilty because of insanity, the court would order him committed to the Whiting Forensic Hospital in Middletown for an evaluation of his mental condition. Following that evaluation, the court would then hold a hearing to determine whether he should be indefinitely confined, conditionally released or discharged.
Cases that center around the insanity defense are relatively rare around the Stamford courthouse. In fact, only two defendants have been found not guilty by reason of insanity since 2017.
The latest instance was in 2019 when Judge John Blawie found Imani Monique Brown, then 26, not guilty “by way of mental disease or defect” of slashing the throat of a sleeping bagel worker at a Stamford bakery. Following the verdict, Brown was committed to Whiting until she is no longer a danger to herself or others.
Assistant State’s Attorney Daniel Cummings said the state will need to review the expert’s evaluation before deciding how it will proceed on Kokoth’s case.
Kokoth is accused of slaying his wife and trying to cover up the homicide by staging it as an accident, according to his arrest affidavit.
The 77-year-old told police he was showing his wife a shotgun before a trip to a local gun range when he accidentally shot her, the report said. When officers asked if she was still breathing, the report said, Kokoth allegedly chuckled and said he didn’t believe so.
A neighbor told investigators they heard two shots from the Kokoth home about 15 minutes apart.
The Kokoths’ daughter told police that Margaret Kokoth knew her husband had owned the shotgun for years, the report said. Their daughter’s husband told authorities, according to the report, that his wife told him recently, “if they don’t do something, they’re going to find (Margaret Kokoth) shot dead.”
Kokoth has been held on $2 million bond since his arrest in May 2021.
He is next expected to appear at state Superior Court in Stamford on May 23.