Defense motion in capital murder case seeks mental health records of victim
By Jeff Lehr
The Joplin Globe
Attorneys for capital murder defendant Stephen Thompson are seeking Missouri Department of Social Services files on the son and stepchildren of Thompson and his wife, Kristina, as well as any state files on Carissa Gerard, his wife's lover and the woman he is accused of fatally shooting.
Thompson, 57, is scheduled to go to trial in September 2019 on counts of first-degree murder, domestic assault and armed criminal action in the shotgun slaying of Gerard, 38, and critical wounding of his estranged wife three years ago at a house on the west side of Joplin where the two women were living.
The Jasper County prosecutor's office has filed an intent to seek the death penalty in the case.
Thomas Jacquinot, lead attorney for the defense, filed a motion April 17 looking to obtain the state's files not only on the son and stepchildren of the defendant but also on Gerard, including any medical and mental health records.
The motion argues that on the date of the double shooting, June 10, 2015, the Thompsons were separated, and Gerard and Kristina Thompson were living together in the house at 4215 W. 26th Place that the Thompsons shared previously with their son.
The document further states that the Thompsons' relationship was "in a severe state of deterioration." Both were using illicit drugs, and the state had removed their preschool-age boy from their custody because of their unfitness as parents, the motion states.
In the meantime, Kristina Thompson had begun a relationship with Gerard, according to the document.
The motion states: "Investigation, discovery and records available to both parties suggest that Thompson, his wife (K.T.) and his wife's paramour (C.G.) all (suffered) from mental illness."
The document argues that an understanding of the mental health histories of all three principals in the case "will help a jury understand the intense dysfunctionality surrounding this love triangle."
Jacquinot indicates in the motion that prior counsel for his client sought the social services records of the son and received "only a limited and redacted version of the file, with some of the redaction seeming arbitrary and unnecessary." He wants a court order to obtain the complete case file.
Additional requests for social services records of Kristina Thompson's children from a prior relationship along with state records on Gerard appear to be an expansion of the defense's inquiries in the discovery phase of the case. The motion points out that while the guilt or innocence phase of a capital murder trial focuses on what happened, the sentencing phase "covers an expanse that goes well beyond the crime."
The motion states that at the time of the offenses, the defendant "was severely distressed over the loss of his marriage and his child."
The document reads: "He did seek help to deal with the situation, but allegedly he lost all self-control, committed two unthinkable acts of domestic violence, and then called police to turn himself in and confess. No jury can be fully informed regarding a life and death sentencing determination unless they fully understand the background and limitations of (Gerard), (Kristina Thompson) and (Stephen Thompson)."
Affidavit
A probable-cause affidavit filed with capital murder charges against Stephen Thompson states that he drove 96 miles to obtain a 12-gauge shotgun and bought shells for the weapon in Grove, Oklahoma, before coming back to Joplin and proceeding to his estranged wife's home. Police say he shot Carissa Gerard first, then turned the gun on Kristina Thompson and shot her "numerous times while she was fleeing from him."
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