New Canaan man to claim insanity in wife’s death

STAMFORD — A 77year-old New Canaan man accused of fatally shooting his wife in 2021 is expected to plead not guilty by way of insanity, according to his attorney.

Attorney Mark Sherman said during a remote court hearing Tuesday morning that he expects his client Albert Kokoth to proceed with an insanity defense once an expert concludes her evaluation of his client.

Kokoth was charged with murder in July after evidence from New Canaan Police allegedly showed he had fired his shotgun, emptied the cartridges, reloaded and fired again in the fatal shooting of his wife, 75year-old Margaret Kokoth, which he told police was an accident.

Kokoth was previously charged with second-degree assault, second-degree assault with a firearm and illegal discharge of a firearm for the fatal shooting.

Sherman said he believes the report will show that Kokoth is “dealing with a very serious mental health problem” when it is completed over the next three to four weeks.

“This tragedy was the result of a mental health condition that we are currently investigating,” Sherman said.

Once the evaluation is completed, Sherman would need to formally request a trial by a three-judge panel. The panel would then decide if the defendant is guilty, not guilty, or not guilty by way of insanity.

If Kokoth is found not guilty by reason of insanity, the court would then order him committed to confinement at the Whiting Forensic Hospital in Middletown for an evaluation of his mental condition. Following that evaluation, the court would then hold a hearing to determine whether he should be indefinitely confined, conditionally released, or discharged.

Cases that center around the insanity defense are relatively rare around the courthouse. In fact, only two defendants have been found not guilty by reason of insanity since 2017.

The latest instance was in 2019 when Judge John Blawie found Imani Monique Brown, then 26, not guilty “by way of mental disease or defect” of slashing the throat of a sleeping bagel worker at a Stamford bakery. Following the verdict, Brown was committed to Whiting until she is no longer a danger to herself or others.

Assistant State’s Attorney Danie Cummings said the state will need to review the expert’s evaluation before deciding how it will proceed on Kokoth’s case.

Kokoth is accused of slaying his wife and trying to cover up the homicide as an accident, according to his arrest affidavit.

The 77-year-old told police he was showing his wife a shotgun before a trip to a local gun range when he accidentally shot her, the report said. When officers asked if she was still breathing, the report said, Kokoth allegedly chuckled and said he didn’t believe so.

A neighbor told investigators they heard two shots from the Kokoth home about 15 minutes apart.

The Kokoths’ daughter told police that Margaret Kokoth knew he owned the shotgun for years, the report said. Their daughter’s husband told authorities, according to the report, that his wife told him recently, “if they don’t do something, they’re going to find (Margaret Kokoth) shot dead.”

Kokoth has been held on $2 million bond since his arrest in May.

He is next expected to appear at state Superior Court in Stamford on March 7.