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Mother faces Dec. 1 trial in child's death

After years of delays, her new lawyer thinks the Land O'Lakes mother is competent to stand trial.

By CHASE SQUIRES
Published July 17, 2003

DADE CITY - After waiting in jail for more than four years for her day in court, Kristina Gaime is scheduled to face trial Dec. 1.

And after years of delays and trial dates that came and went, her new attorney thinks Gaime is competent to stand trial and that this time there is a good chance the trial will begin as scheduled.

"It looks like a realistic date," defense attorney Lyann Goudie said Wednesday.

Then she added, "How I'll feel in October? I don't know."

Gaime, 38, was arrested in May 1999 and charged with first-degree murder in the death of her 6-year-old son, Mathew Rotell, and with attempted murder of her 8-year-old son, Adam Rotell. Authorities say that in April of that year, after returning home from a family trip, she drugged the boys at her Land O'Lakes townhome, loaded them into the family minivan, directed the exhaust into the cabin and got inside with them in an apparent murder-suicide attempt.

Gaime's mother found her and Adam inside their home the next day. Mathew died in the van.

Goudie took over the case in March and said she has spent months poring over the voluminous files. She said Wednesday she is nearly finished reviewing the files, but issues still need to be resolved.

Goudie said she might have to retake some depositions and said she expects to challenge the search in which investigators seized medications and several pages of letters Gaime wrote. She also plans to challenge testimony expected from Adam.

And then there's the issue of Gaime's competence.

Attorneys and doctors have danced around the issue for years, with some contending she is sane, others saying she wasn't at the time of the crime and some saying she is unable to stand trial.

Prosecutor Phil Van Allen agreed with Goudie that the issue hasn't been resolved; a hearing on the matter is a virtual necessity.

Goudie told Circuit Judge Wayne Cobb she thinks Gaime understands the nature of the charges and is competent to stand trial.

Van Allen said that aside from the sanity issue, the state is ready for trial.

Gaime was in the courtroom for Wednesday's brief hearing but did not speak publicly, although she did speak privately with Goudie several times.

Goudie said she will begin filing motions for specific hearing dates on the remaining issues.

- Chase Squires covers east Pasco courts. He can be reached at 352 521-5757, ext. 27 or toll-free 1-800-333-7505, ext. 6108, then 27. His e-mail address is squires@sptimes.com

[Last modified July 17, 2003, 02:03:21]


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