The prosecution of Daniel J. Mustard for the murder of Ruby Andrews continues this week in Kitsap County Superior Court.
Prosecutors are continuing to put witnesses on the stand that back up deputy prosecutor Kevin Kelly’s opening argument: that the killing was an “act of greed and violence,” and Mustard told many others of the brutal homicide and how he’d committed it. That includes people he was with the day of the murder and jail inmates he’d told after he was arrested, as well as several hours of telephone calls being played for jurors.
The case hinges upon Mustard’s mental state at the time of the crime. There is no dispute of the fact that Mustard stabbed Ruby Andrews, 87 to death at her South Kitsap home on April 5, 2009.
Deputy prosecutor Kevin Hull told me Tuesday that the prosecution is close to closing its own case and that could happen as early as Thursday.
On Monday, the defense plans to call Dr. Mark Whitehill to the stand, Hull said. Keep in mind that defense attorney Bryan Hershman bears the burden to prove to jurors that while Mustard committed the act, his mental state was diminished to the point he couldn’t comprehend his actions.
That means that once the defense finishes with its case, prosecutors will be able to rebut the insanity argument — and plans to do so sometime after Thanksgiving with nationally known forensic expert Dr. Park Dietz.
We will keep you posted on the trial’s developments.