Marks then recessed the nonjury trial until Thursday afternoon and must now decide whether Moore knew the wrongfulness of his actions when he shot the victims, killing 14-month-old Gabriel Phillips and 5-year-old Ahmir Phillips and wounding a 4-year-old boy.
OHIO MAN CHARGED IN CASE WHERE THREE MEN WERE BOUND, GAGGED, SHOT IN HEAD
Moore is charged with two counts of aggravated murder and single counts of attempted aggravated murder and felonious assault. A second felonious assault count was dismissed at the end of testimony last week.
A judge from Ohio will determine the validity of Kevin Moore's insanity defense. Moore killed two children and wounded a third.
One psychologist testified Thursday that decades ago he would have supported an insanity defense because Ohio law at the time required only proof of mental illness. Since then, he said, the standard has "become very, very strict" in requiring substantial evidence of inability to tell right from wrong.
OHIO CORONER RULES DEATH OF 6-MONTH-OLD KIDNAPPED TWIN 'SUDDEN AND UNEXPLAINED'
He and another psychologist concluded that despite the defendant's severe schizophrenic mental illness and gross overreaction to events in the home, he later demonstrated an understanding of having been in the wrong.
Defense attorney John Thebes, however, cited a third psychiatrist's conclusion that Moore did qualify for an insanity defense under current law. He said the defendant's rambling remarks and many of his actions were consistent with a schizophrenia patient not taking appropriate medication.
Prosecution witnesses, however, cited testimony from the children's mother that Moore's behavior appeared normal both before and after the crimes, and they said mental illness should have been evident beforehand if he was profoundly disturbed at the time.