Kendall Chick's accused murderer Shawna Gatto has waived her right to a jury trial, leaving it to a judge to decide the case in a trial likely to take place in January. Gatto appeared in a Rockland courtroom Aug. 30.

Justice William Stokes questioned her closely about whether or not she understood the rights she might be giving up, and if she understood that in a jury trial, the verdict to convict her would have to be unanimous. Gatto said she understood, and still preferred a bench trial.

Chick, 4, of Wiscasset died in December 2017. After an autopsy and investigation, Gatto, who was Chick’s grandfather’s fiancee and Chick’s primary caregiver, was arrested by Maine State Police and later indicted by a Lincoln County grand jury.

Stokes also considered motions Gatto’s attorneys made. Two were to suppress Gatto’s statements to police after Dec. 10 on the grounds she had not been Mirandized and that questioning continued after she invoked her right to remain silent and requested an attorney. Attorney Jeremy Pratt withdrew one of those motions. The other was a motion in limine to include derogatory information about the pathologist who conducted Chick’s autopsy. Dr. Mark Flomenbaum was fired as Massachusetts’ chief medical examiner after a body was released to the wrong family and was buried in the wrong grave. 

Assistant Attorney General John Alsop produced two witnesses in opposition to the motion to suppress. They were, from the Lincoln County Sheriff’s Office, Jared Mitkus, who had brought Gatto to the Sheriff’s Office for questioning by the State Police; and Josh Virmingam, a State Police Detective who became the primary investigator in Chick’s murder. The state also produced five CDs of audio and videotape, and said no questioning had been done without a video or audio recording.

Virmingham said that after the autopsy, he Mirandized Gatto before questioning her about the results of the autopsy. During that interview, she invoked her right to an attorney and questioning ended, he said.

Stokes said he would review everything the state provided. The state also provided copies of the CDs to the defense.

Stokes said he would consider the motion in limine, and said he knew Flomenbaum and had been consulted during Flomenbaum's hiring process in Maine and had known about the situation in Massachusetts. He said he was certain he could be fair and impartial in considering the motion.