Defense attorney objects to mental evaluation of Belfast man accused of killing woman

Todd M. Gilday is escorted into the Waldo County Superior Courthouse last month.
Todd M. Gilday is escorted into the Waldo County Superior Courthouse last month.
Posted Sept. 16, 2013, at 5:17 p.m.

BELFAST, Maine — The defense attorney for a local man accused of shooting a woman to death at the end of August submitted a motion last week objecting to the state’s request for a mental evaluation of his client.

Todd Gilday, 44, of Belfast has been held without bail at Two Bridges Regional Jail in Wiscasset since he made his initial court appearance in connection with the Aug. 28 slaying of Lynn Arsenault, 55, of Garland and Belfast.

Gilday was charged with intentional or knowing murder and elevated aggravated assault in the shootings, which also injured Arsenault’s son, 22-year-old Matthew Day of Belfast. Both were shot at Day’s home at 162 Waldo Ave. in Belfast. Authorities have not yet suggested a motive for the shootings, although Maine State Police have said that Gilday and Day knew each other.

Assistant Attorney General Leane Zainea requested a competency and criminal responsibility evaluation for Gilday on Aug. 29, the day he made his initial appearance at Waldo County Superior Court.

“Todd Gilday had sought medical attention at PenBay Medical Center following the homicide of Lynn Arsenault,” her motion stated. “Under the circumstances, an evaluation … to include criminal responsibility and abnormal condition of mind is appropriate.”

But defense counsel Philip Cohen of Waldoboro has submitted a motion in response asking the court to dismiss the state’s request.

A court clerk said that a Superior Court justice has not yet reviewed the motions or made a decision on the matter.

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