Maine news, sports, weather | Kennebec Journal, Augusta, Maine

McDonald's mother hit him, defense says

‘Adequate provocation’ argument to be used in murder trial of Kenneth McDonald

By Betty Adams badams@centralmaine.com
Staff Writer

AUGUSTA -- Kenneth McDonald may have killed his mother, but he was provoked by her slapping him.

Kenneth McDonald

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That defense was outlined Wednesday at a hearing that followed jury selection of in the pending murder trial of McDonald, 44, of Monmouth.

He is accused of murdering his mother, 80-year-old Janice McDonald, a year ago in the home the two shared. The state has charged McDonald with "intentional and knowing and/or depraved indifference murder" in the beating and stabbing death of his mother.

McDonald has pleaded not guilty. His defense attorney, James Billings, told Justice Michaela Murphy he is presenting a defense of "adequate provocation," which, if proved, can reduce the murder charge to manslaughter.

At the hearing Wednesday, Billings argued that forensic psychologist Charles Robinson should be allowed to testify about what he learned from interviewing McDonald.

Billings also said he intends to introduce evidence of what life was like inside the McDonald home.

He said McDonald was totally dependent on his mother.

"There is evidence the victim struck the defendant," Billings said. "Physical contact between them was initiated by the victim."

The prosecutor, Assistant Attorney General Leane Zainea, argued against allowing McDonald's older sister to testify about the relationship between McDonald and his mother, saying the sister had moved out of the home years earlier.

"It's the state's position that it's not relevant," she said.

Murphy said she would rule on that and other motions prior to trial.

The jury trial in Kennebec County Superior Court is scheduled to begin Monday and last several days.

Prior to the motion hearing Wednesday, nine women and five men were chosen as jurors.

McDonald has been held in custody since he was arrested a year ago. He walked into the courtroom Wednesday wearing beige pants and a dark blazer, accompanied by Billings.

The body of Janice McDonald was discovered on Aug. 24, 2009, by a grandson who checked on her after concerned neighbors said she had not been seen all day and was not answering the door.

Investigators focused first on locating Kenneth McDonald, who was last seen walking south on U.S. Route 202 on 6:30 a.m. that morning. He was arrested hours later on Bailey's Island in Cumberland County.

McDonald, who does not drive and who worked part-time at the town transfer station, has been described as "slow" in court documents by neighbors and relatives.

An affidavit filed with the court says a knife and Kenneth McDonald's bloodied pajama pants and T-shirt were found in the bathroom. The affidavit also says McDonald told police his mother had refused to call his employer despite his asking her a number of times.

He had been scheduled to work at the Monmouth Transfer Station that day.

A court-ordered forensic evaluation a year ago concluded McDonald was mentally competent to stand trial.

Last month, Murphy ruled that statements McDonald made to investigators during a six-hour interview the day of his arrest -- and statements he made a week later to his sister when she visited him in jail -- will be admissible in court.

During the jail visit, he told his sister, Ellen Horton, "I really screwed up this time."

Betty Adams -- 621-5631

badams@centralmaine.com