BRANDON, Miss. (Court TV) — Defense attorneys representing a teen girl charged with murdering her mother and shooting her stepfather faced a frustrated judge on Tuesday after missing key deadlines in the case.
Carly Gregg could be seen wiping away tears during a motions hearing on Sept. 10, 2024. (Court TV)
Carly Gregg , 15, is charged with the first-degree murder of her mother , Ashley Smylie, and the attempted murder of her stepfather, Heath Smylie. Gregg’s attorneys have hinted that they plan to use an insanity defense at her trial, scheduled to begin next week. Gregg appeared at Tuesday’s hearing wearing a simple black sleeveless dress and could be seen wiping away tears at one point.
At a motions hearing on Tuesday, prosecutors asked Judge Dewey K. Arthur to bar the defense from introducing witnesses and evidence disclosed after the Aug. 20 discovery deadline. At the hearing, prosecutors revealed that as of the deadline, they had not received any witness list from the defense, and only received minimal information on Sept. 3.
Gregg’s defense conceded that they had not handed over their witness list until Sept. 3, but tried to argue that the prosecution had also missed deadlines and handed over a report from their expert on Sept. 9. Judge Arthur cut the argument off, noting several missed deadlines and accusing the defense of trying to surprise prosecutors at trial. The judge ruled that at least one defense witness would not be allowed at trial because of the discovery violations, and limited what others could testify to.
RELATED | No plea deal for Carly Gregg, accused of killing mom, shooting stepdad
One of the crucial witnesses for the defense is Dr. Andrew Clark, an expert witness expected to testify about Gregg’s mental health. Prosecutors said that his report, however, does not meet the Mississippi threshold for insanity and rather only addresses “diminished capacity,” not allowed by state law to be considered during the guilt phase. Judge Arthur said prosecutors would get to interview Clark on Wednesday and could then question him further during a hearing on Friday, Sept. 13, if needed.
Defense attorneys demurred when pressed on specifics about their planned defense, but did tell the judge that they would not be pursuing involuntary intoxication. At a previous hearing, Gregg’s attorneys had noted that she had changed antidepressant medications in the weeks before the murder and implied it had impacted her behavior.
Other drugs may become an issue at trial. Though the defense tried to suppress a urine drug test that was done at the Rankin Youth Detention Center immediately after Gregg’s arrest, the judge only gave her team a partial victory. The test, which revealed cannabinoids (marijuana) in Gregg’s system, will only be admitted as part of the prosecution’s rebuttal case if Gregg pursues an insanity defense.
Gregg’s defense attorney, Kevin Camp, also tried to convince Judge Arthur to move the case to youth court. Rankin County Youth Prosecutor Corey Garber took the stand at the hearing and testified he felt that transferring the case would be inappropriate, given the charges. Judge Arthur agreed, saying that “transferring this case back is basically an acquittal. I don’t think that’s appropriate.”
Local News
