The man who was convicted of murdering teacher Melissa Jenkins from St. Johnsbury is asking to get a new trial. The Vermont teacher killer is Allen Prue, 32 and was convicted in Burlington in October.
Prue was charged with kidnapping and murdering Jenkins back in 2012 and now, Prue’s lawyers have appealed the Vermont Supreme Court under the claims that the case’s judge, Robert Bent has made an error excluding the testimony of an expert witness.
The Vermont teacher killer is currently awaiting his sentence after being found guilty by a jury of kidnapping, premeditated murder and conspiracy to commit murder. The appeal will eventually go to the high court after Prue receives his sentence.
Lisa Warren, the Attorney of Caledonia County State said that she will oppose Prue’s new motion, which his lawyers filed last week.
While Prue was on trial, Robert Katims, the defense attorney wanted to call as a witness Dr. Phillip Kinsler, a psychologist, who was supposed to examine Patricia Prue, Allen Prue’s wife and co-defendant.
Dr. Kinsler was hired by Brian Marsicovetere, who is Patricia Prue’s defense attorney, because he wanted to include Kinsler in the planned insanity defense he was trying for his client.
Judge Bent refused to have Kinsler testify at Prue’s trial because of objections from attorneys Marsicovetere and Warren.
Dr. Kinsler had prepared a detailed report on the state of mind of Patricia Prue, which supposedly will prove that she is the Vermont teacher killer and not her husband.
Katims said regarding Kinsler’ report that:
“The information contained was relevant to the case, as acknowledged by the court, and weighed towards exonerating the defendant.”
Prue’s wife, Patricia Prue is also charged with the murder of teacher Jenkins and she’s expected to go on trial for kidnapping and murder in February.
Judge Bent denied Kinsler’s testimony because he said that it came after the deadline of April 15. He also said that neither the defense nor the prosecution knew anything about Kinsler’s report until the month of June.
Prue’s attorney also said that he didn’t know about the report and that he only received it from Kinsler after the deadline expired.