Overview
- Defense lawyers filed a one-sentence notice that they were withdrawing their intent to use New York’s “extreme emotional disturbance” psychiatric defense, a change made public on Thursday.
- Judge Gregory Carro ordered that transcripts, emails and other materials tied to the now-abandoned psychiatric strategy remain under seal.
- Reporting cites practical and strategic reasons for the reversal, including concerns the state tactic could harm the separate federal case, deadlines to turn over psychiatric records and trouble securing willing experts.
- Prosecutors say they will rely on items a judge already cleared for trial — including a 3D-printed gun and a red notebook with entries prosecutors call planning and motive — which they say undercut an emotional‑disturbance claim.
- With the withdrawal the defense gives up an option that, if accepted at trial, could have reduced a murder conviction to first‑degree manslaughter carrying a top sentence of about 25 years and the state trial remains set to begin on Sept. 8 with a federal trial to follow in the fall.