Judge delays ruling on whether mental‑health expert may testify in Miss Garton case

An unnamed presiding judge on Thursday reserved ruling on whether Dr. Miller, a mental‑health evaluator proffered by the defense, may testify that defendant Miss Garton’s behavior was consistent with a psychiatric condition rather than intoxication. The court asked defense counsel Reid Myers to produce a declaration or bring Dr. Miller for voir dire before allowing the testimony in front of a jury.

The question came at a motion hearing in two related dockets (480674972 and 4973) after Myers said he would not press an affirmative defense but wanted to challenge the prosecutor’s assertion that Miss Garton was intoxicated on the date of the incident. "All we need her to say is that she's got a history of mental‑health issues that are consistent with her behavior," Myers told the court, arguing a…