RIDGWAY — With his case headed to trial, defense attorneys for alleged killer Nicholas Martin plan to argue their client’s innocence in the March 2013 stabbing death of his then 18-year-old girlfriend based on evidence of his mental infirmity or condition.
Lawyers for Nicholas Martin, 24, of Johnsonburg, said an Aug. 26 mental health evaluation of their client brought to light questions of his mental state and whether Martin can be held accountable for the March 23, 2013 stabbing death of Alyssa Forsyth, 18.
Martin’s psychiatric evaluation and testimony from Dr. William Tallichet, the Colorado-based forensic psychiatrist who performed it, will serve as the cornerstone of their defense against homicide and related charges. The charges were filed against Martin after Forsyth’s body was found dumped in a remote corner of a Ridgway area park on March 26, 2013, days after authorities allege Martin fatally stabbed her inside his 416 First Ave. apartment and confessed over drinks with a friend.
“At trial, (the) defendant intends to introduce expert evidence relating to his mental condition bearing on the issue of guilt through the testimony of Dr. (William) Tallichet,” reads a notice of intent filed with the Elk County Court of Common Pleas.
Prosecutor Laura Ditka, senior deputy attorney general with the Office of the Attorney General of Pennsylvania, said Martin was expected to pursue a mental infirmity defense all along.
“We have been anticipating this all along, as far as the mental infirmity defense and we’re taking the appropriate response to that,” Ditka said, adding, “the AG’s office was not blind to the fact that he might raise a mental infirmity defense.”
This could mean Martin claims a diminished capacity due to alcohol or drug use, an underlying or temporary mental illness or condition, or a combination of both, resulted in him being unable to comprehend or control his actions.
Ditka said the exact details of Martin’s mental health defense — which she described as “somewhat complex” — and the findings of Tallichet’s evaluation will be aired in a yet to be scheduled public hearing at the Elk County Courthouse in Ridgway.
In light of that, Ditka said jury selection in the case, which is currently scheduled for the morning of Nov. 17, may again be delayed as pretrial matters continue to be hashed out between both parties.
“We were ready to go on the regular trial date. In light of his defense that may not go on the November date,” she explained.
Defense attorney George N. Daghir said he expects jury selection could be pushed back until after the New Year as the pretrial process continues to unfold.
So far, that process has consisted of months of postponements as the defense combs through mountains of state’s evidence, while also looking to retain investigators and experts capable of providing more in-depth insights into their client.
The defense said it is not yet known whether any lay witnesses will be called to testify or whether Tallichet will be the only expert witness used to back its mental infirmity claims.
Calls to Martin’s co-counsel Michael Marshall of DuBois and Tallichet were not immediately returned on Monday.
Martin remains confined to a state penitentiary without rights to bail on charges including criminal homicide, an ungraded offense, and felony counts of aggravated assault and abuse of a corpse.
Retired Pennsylvania AG’s Office criminal prosecutor and former lead on the Martin case, Anthony Krastek, said the death penalty is off-the-table. Krastek said, if convicted, Martin’s punishment would depend on which counts, if any, a jury finds him guilty.
Jury selection is still set to take place in Elk County despite defense claims that extensive local media coverage has likely biased potential jurors as to Martin’s guilt.
An Elk County judge said he would reconsider the request if selecting a local jury proved impossible.
