Trial Nears for Thomas Gilbert Jr., Accused of Murdering His Father

The trial of Thomas Gilbert Jr. of Wainscott and Manhattan, who was charged with homicide in the Beekman Place murder last January of his financier father, moved a step closer on Wednesday.

New York State Supreme Court Justice Melissa Jackson told Mr. Gilbert's lawyer, Alex Spiro, that she considered the information he had thus far provided to the prosecution "woefully inadequate," and ordered him to give the opposing lawyers clearer details about the evidence he intends to submit.

She also questioned Mr. Spiro's application to call the psychiatrists who testified during the 31-year-old Princeton graduate's hearing, in order to question them about his sanity at the time of the crime. "You have not provided from any of these doctors the specific malady that he is suffering from," Justice Jackson said. "As we know, those doctors testified as to his competency to stand trial. That has nothing to do with his mental state at the time of the crime. That is what is pertinent and relevant."

"I am not going to delay this case," she said later. "I am going to set this down for trial sooner rather than later."

Craig Ortner, the prosecutor, objected to Mr. Spiro's repeated references to the sanity hearing. "The hearing is over," he said. "He lost. It is not incumbent on the people to sift through the doctors' testimony and discern what would be presented at trial."

"We can't be subject to the whim of the defendant as to whether or when he will submit to an examination," Mr. Ortner added. "At some point, if the defendant declines to submit to a psychiatric examination, than that ship has sailed."

In December, Justice Jackson found Mr. Gilbert competent to stand trial. The defendant has rarely appeared at his own court proceedings, a fact Mr. Spiro has repeatedly cited as indicating mental instability. Justice Jackson made it clear on Wednesday, however, that a defendant declining to appear at his own trial was not a sign of insanity.

Mr. Gilbert was brought to the Manhattan courthouse on Wednesday but refused to enter the courtroom. "My client would not give a reason why," Mr. Spiro said, adding, "He asked me to provide him information regarding Cablevision."

Since last year's sanity hearings, he told Justice Jackson, Mr. Gilbert has refused to meet with psychiatrists. "He is unfit," the lawyer insisted. "He remains unfit, and for the record, I don't believe these proceedings are constitutional."

At one point last year, Mr. Gilbert asked the court to remove Mr. Spiro as his attorney. He withdrew the request three weeks later.

"He has never had a meaningful interaction with counsel," Mr. Spiro said.

Justice Jackson gave the lawyers until the end of March to submit written briefs. The next court session is scheduled for April 12, when, she said, she will set the date of a jury trial.

"Hopefully, Mr. Gilbert will agree to return to court," the justice commented as Mr. Spiro was leaving the courtroom with the defendant's mother, Shelly Gilbert, by his side. She has attended every court session since the case began.