Acourtroom drama the likes of which has never before been seen on Nantucket will unfold next Monday, June 4 when Thomas Toolan III, 39, formerly a Manhattan financial executive, goes on trial in Superior Court for the murder of Elizabeth "Beth" Lochtefeld.

The Prosecutor BRIAN GLENNY ROB BENCHLEY/The Independent Whether it was a crime of passion committed by a man scorned in a romantic relationship or whether the act was committed by a person in such an impaired physical and emotional state he did not recognize the implications of his actions remains to be decided by a jury.

It is the Commonwealth's burden to prove beyond a reasonable doubt that Toolan's alleged Oct. 25, 2004 fatal stabbing of Ms. Lochtefeld, who was 44, was premeditated and deserves a verdict of first-degree murder with potential life imprisonment. Toolan's lawyer, Kevin Reddington, will do his part to pursuade the jury that his client should be acquitted or given a lesser sentence based on what laymen term a condition of insanity.

Though Reddington has filed a motion seeking a change of trial venue, Judge Richard F. Connon will not rule on that motion unless a jury cannot be chosen on the island. All of Reddington's other motions, primarily to suppress evidence, have been denied. Pools of 75 jurors are scheduled to be brought in on Monday, Tuesday and, if necessary, Wednesday to obtain an impartial 16-man jury which includes four alternates who will hear all the evidence in the event any jurors must be excused during proceedings. The Nantucket courtroom can seat approximately 105 to 115 people with folding chairs set up to the side of the room in addition to seating in pews and including limited standing room in the back. Capacity will likely be reached only during the time potential jurors must sit in the room because there is no other space to accommodate them.

HOW THE PROCESS WILL WORK

It is expected that four security officers will escort Toolan back and forth daily to Nantucket from the Barnstable House of Correction, where he has been held without bail since shortly after his arrest. He is to be transported by plane, but David Neal, the Assistant Deputy Superintendent of Community Relations for the Barnstable Sheriff's Office, said that for security reasons, no specific information can be given on what airline may be used. Further, no information is available on what boatline may be used if for some reason air travel is cancelled, or under what conditions Toolan would be kept at the local police department's holding facility if he could not be transported off island.

Once the court session convenes, Superior Court Magistrate Pat Church will have particular duties before, during and after the trial. Church was magistrate in 1983 when Frank Scheele, now retired, prosecuted the trial for Robert Aguiar, who was convicted in the shooting death of David King. Both men were island residents and had families living here. She said a jury was chosen within two days, in spite of pre-trial news accounts and islanders' familiarity with the people involved.

During the Toolan trial, Church will first swear in the potential jurors and ask them to give true answers to all questions asked of them. She will read the indictments against Toolan and read the list of possible witnesses in the case. Potential jurors will be asked if they know anyone involved with the case and if that knowledge would in any way interfere with their ability to hear the facts impartially. Church will also swear in the chosen jury to "well and truly try the case," maintain records of motions and exhibits filed during the trial, swear in witnesses who will testify and, at the conclusion of the trial, ask the jury foreperson to read the jury's decisions on charges.

The prosecuting and defense attorneys will be provided with confidential questionnaires the potential jurors submit, listing basic information such as address, occupation, whether they have children, and if they have been involved in any other court cases. Those documents are shredded after the jury is chosen, but first may be used by the opposing attorneys to challenge anyone who might sit on the case. The judge determines the number of challenges allowed based on the nature of the crime and number of jurors to be seated.

Depending on the information to be presented at trial, the prosecuting or defense attorney may also request what is called a voir dire, which is individual questionning of potential jurors by either the judge or the magistrate. It is done with the jurors sitting in the witness stand out of hearing distance from anyone in the room other than the attorneys, the judge and the magistrate.

THE ESSENCE OF EVENTS

There are undisputed facts in this case based on witness accounts and there are allegations, the latter of which continue to presume Toolan's innocence until he is proven guilty. The story as thus far known is that Ms. Lochtefeld summered on the island since 1969 and moved to Nantucket year-round in March of 2004. Toolan is said to have visited the island a few times, but he and Ms. Lochtefeld did not meet and begin dating until the summer of 2004. Late in the week of Oct. 18, she traveled to Manhattan to break off the relationship. On the night of Friday, October 22 she was allegedly held captive by him in his apartment. When he fell asleep early the next morning she was able to escape and fly back to the island, deciding to spend the rest of the weekend at her brother Peter's home.

On Monday morning, Oct. 25, Ms. Lochtefeld returned to her Hawthorne Lane rental cottage, packed some of Toolan's belongings and delivered them to Parcel Plus for shipment. She went back to the cottage and spoke in the yard with her next door landlady about an early afternoon appointment she had, then went inside to prepare dinner for her parents who were returning from a trip that evening.

Toolan allegedly tried several times without success to contact Ms. Lochtefeld on her cell phone on Saturday after she fled his apartment. He attempted to board a plane to Nantucket at New York's LaGuardia Aiport the afternoon of Sunday, Oct. 24. He was detained briefly by security there when it was discovered that he was carrying a knife wrapped in cloth. He was not arrested. The morning of Oct. 25 he did board a plane from New York to Nantucket, rented a car at the Nantucket Airport, allegedly purchased a knife at Brant Point Marine and then drove to Ms. Lochtefeld's cottage.

Reports indicate that he approached Ms. Lochtefeld's landlady, Barbara Kotalac, who was working in her yard, and asked if anyone was at home in the cottage. Allegedly, Mrs. Kotalac turned to respond as Toolan walked away and was able to identify his clothing. Also reported was that a neighbor who lives on the road saw Toolan and the car he had rented at Ms. Lochtefeld's property.

Toolan left the cottage around noon, and Mrs. Kotalac, noticing that Ms. Lochtefeld's car was still there in spite of the appointment she mentioned earlier, became concerned and phoned Ms. Lochtefeld's brother. He asked police to make a wellness check on his sister, which is when officers discovered her body.

In the meantime, Toolan had returned his rental car, boarded a plane from Nantucket to Hyannis, rented another car at the Hyannis airport and apparently was driving back to New York when he was apprehended by Rhode Island police shortly before 4 p.m. that day and charged with driving under the influence of alcohol and being a fugitive from justice.

Physical evidence, such as fingernail scrapings, was obtained from Toolan after his arrest. He was subsequently returned to Nantucket for arraignment, incarcerated without bail in the Barnstable House of Correction and indicted for murder by a Nantucket Grand Jury, and has continued to be held without bail to date.

WHAT EXPERTS SAY

Former prosecutor Robert Mooney, who was an assistant district attorney for the Cape and Islands under District Attorney Philip Rollins from 1971 to 1985, gave an islander's opinion on the case. Although he is retired, Mooney is still a licensed attorney and has been a member of the Massachusetts Bar Association for 50 years. Because the jury pool comes from the voter list and there are many new people living here and people who have retired to the island, Mooney believes a jury will be found on Nantucket since most of the potential jurors do not know the Lochtefelds or Toolan.

"In the old days islanders didn't want to serve [on jury duty] because they were so busy, but the retirees have time," he said. "I think they could get an impartial jury here considering the make-up of the island population. And they (Ms. Lochtefeld and Toolan) were both a couple of strangers to the island when you get right down to it. Comparatively few people knew her and no one really knew him."

Although Mooney said he was never involved in this type of trial during his career, he anticipates the defense will present a 'parade' of medical experts whose testimonies may contrast with what possible prosecution medical experts have to say about Toolan's condition at the time of the crime.

Boston attorney Robert George represented Christopher McCowen last year when McCowen was tried in Barnstable for the 2002 murder of Cape Cod fashion writer Christa Worthington. McCowen was convicted and sentenced to life in prison, a sentence George is appealing, partly based on the fact that he does not believe his client could receive a fair trial on the Cape. Likewise, George does not believe Toolan can receive a fair trial on Nantucket.

George said he is familiar with Reddington's work and the defense he intends to use because he has tried cases the same way and met with success, though he concedes it is a difficult defense to wage.

"There is no question that it is difficult [to use a diminished capacity defense], but under the proper circumstances it is a viable defense," he said. "When presented with the proper expert testimony that kind of defense is very viable."

George anticipates that the prosecution will emphasize what actions Tooolan was involved in prior to the murder, whereas Reddington will argue that no one in a healthy emotional condition would commit a murder, especially in the manner Ms. Lochtefeld was killed. He also said, with regard to Toolan's alleged intoxication at the time of the crime, cross-examination of witnesses will be important because while two people may see the same thing, they may each form a different conclusion of what they saw.

Forensic psychiatrist Dr. Vladimir Coric, Jr., who is affiliated with the New Haven, Conn., firm of New Haven Forensic Consultants which conducts evaluations for insanity defenses, and who also is an Assistant Professor of Clinical Psychiatry at Yale University, has testified at numerous trials with defenses of insanity or diminished capacity.

Coric explained that there is a high standard in proving that a person was so intoxicated they did not comprehend what was occurring around them. He explained that diminished capacity does not excuse a person's behavior, but can reduce a charge from murder to manslaughter, which is killing without malice.

"The issue is whether the mental state was diminished in capacity to interfere with the understanding of what they were doing," he said.

There are two prongs under examination in an insanity defense, Coric added. The first is cognitive, to determine whether the person charged of a crime knew that what he was doing was wrong. The second is volitional to determine whether the accused could control his behavior. In the Toolan case, Coric noted that he was apparently capable of traveling across states, attempting to conceal a weapon at the airport on his first try to fly to the island, was not stopped otherwise from boarding planes and renting vehicles and sought a response from the victim's landlady about the victim's presence.

With regard to testimony, Coric said in these situations it is usual for at least a forensic psychiatrist to speak on the facts surrounding the crime and the question of diminished capacity. That person may request surveillance videos and ask to speak with witnesses who encountered the accused before the crime. A psychologist is often called to testify whether the accused has feigned symptoms of diminished capacity.

"Intoxication itself isn't enough," he said. "It has to be such an extreme level that the person didn't know what was going on. And you can't qualify for insanity if you voluntarily ingested drugs or alcohol."

Attorney William Korman of Korman and Associates, with offices in Truro and Boston, said diminished capacity defenses are rare and rarely successful.

"There is a high burden to overcome that there was a mental disorder, and juries are very skeptical," he said. "It's rare for somebody to use a diminished capacity defense."

Attorney Janice Bassil, a partner in the Boston firm of Carney and Bassil, said Reddington is respected among his peers, but that cases involving mental health are extremely difficult to win for many reasons. Reddington's challenge will be to convince the jury that Toolan lacked a specific intent to murder based on a combination of mental illness and drugs and alcohol. What complicates this defense, she said, is that a person's ability to plan something or get away from a crime does not necessarily mean the person was fully responsible at the time of the crime; however, it is also possible for someone with mental illness to be responsible for his actions.

"It's not a defense that doesn't work," said Bassil. "It's a defense that juries weighing things carefully do accept as a defense, [but] it's a difficult

defense and it rarely succeeds."

Timeline

Oct. 22, 2004

Elizabeth "Beth" Lochtefeld is allegedly kept overnight against her will in Thomas Toolan's Manhattan apartment after telling him she wants to end their relationship.

Oct. 23, 2004 Ms. Lochtefeld is able to escape from the apartment in the morning and fly back to Nantucket where she spends the weekend at her brother's house.

Oct. 24, 2004 Toolan attempts to board a plane to Nantucket at LaGuardia Airport but is briefly detained by security after it is discovered that he is carrying a knife wrapped in cloth.

Oct. 25, 2004 Toolan succeeds in boarding a plane from New York to Nantucket. He rents a car at Nantucket Airport, allegedly buys a knife at a local marine supplies store and goes to Ms. Lochtefeld's cottage where he allegedly fatally stabs her. He returns the car to the airport, boards a plane to Hyannis, rents another car at that airport and is arrested that afternoon by Rhode Island police who were alerted about the murder and given a description of the car. Toolan is charged with driving under the influence of alcohol and being a fugitive from justice.

Nov. 22, 2004 Toolan is arraigned in Nantucket District Court on a charge of assaulting and beating Ms. Lochtefeld with intent to kill. He pleads not guilty. He is held without bail at the Barnstable House of Correction.

Jan. 10, 2005 Toolan is indicted for murder and assault and battery with a dangerous weapon by a Nantucket Superior Court Grand Jury.

Aug. 5, 2005 The Cape and Islands District Attorney's Office wins approval from a Barnstable Superior Court judge to take a fresh sample of DNA from Toolan's mouth to compare with other DNA evidence already gathered.

Sept. 14, 2006 Toolan's attorney, Kevin Reddington, files several motions in the case that must be reviewed by the judge assigned to the trial, Richard F. Connon.

Oct. 30, 2006 Reddington's trial motions are released to the public by Nantucket Superior Court. They include several motions to suppress evidence: statements Toolan made to police, phone records, the contents of a box of Toolan's things that Ms. Lochtefeld dropped off at Parcel Plus to be shipped the day of her murder, information discovered during a search of Toolan's apartment, evidence taken from cars Toolan rented, physical evidence taken after his arrest and a motion for a change of trial venue.

Jan. 2, 2007 Judge Connon denies all of Reddington's motions to suppress evidence. He does not rule on the motion to change venue and is not expected to do so unless an impartial jury cannot be chosen on Nantucket.

Jan. 19, 2007 The date of June 4, 2007 is set for the beginning of Toolan's trial on Nantucket.

March 8, 2007 Reddington files a notice with Nantucket Superior Court that he intends to defend Toolan on the basis of "diminished capacity," commonly known as insanity, arguing that Toolan was involuntarily intoxicated to the extent that he was not responsible for his actions. He names four medical experts who may be called to testify at the trial. He also files two new motions, one seeking to obtain all records of investigations completed and being done on a sample of Toolan's DNA, and another seeking disclosure of anyone interviewed by police or the district attorney's office who spoke with Toolan when he was arrested.

Strategies

In layman's terms, attorney Kevin Reddington will be offering an insanity defense for his client Thomas Toolan III. Technically, the defense is "diminished capacity," where Reddington will attempt to convince jurors that Toolan was involuntarily intoxicated which may have caused him not to be responsible for his actions.

A notice Reddington filed with Nantucket Superior Court on March 8 stipulated that the case will "rely on evidence of diminished capacity/lack of criminal responsibility arising out of involuntary intoxication through the ingestion of medication as well as a combination of his mental and emotional condition, ingestion of alcohol and consumption of prescription and non-prescription medications." Reddington has listed four medical experts who may testify.

In comparison, the district attorney's office will pursue a guilty finding for murder in the first degree, which is premeditated murder. If that occurs, Toolan faces the possibility of life imprisonment without parole. Biographies THE PROSECUTION Brian Glenny, Cape and Islands First Assistant District Attorney

+ Graduated from Western New England College School of Law in 1985

+ Employed with a private law firm in Worcester for one year before joining the Cape and Islands District Attorney's Office in 1987. He was assigned full-time to the Superior Court in 1990.

+ Served as Second Assistant District Attorney under Philip Rollins from 1996 to 2002. Named Prosecutor of the Year by the Massachusetts District Attorney's Association in 2001

+ Became First Assistant District Attorney under Michael O'Keefe in 2002

+ Has prosecuted several murder trials with insanity defenses, including a 2003 trial in Sandwich, Mass., when Erin Colleran was convicted of smothering and strangling her 2 1/2- year-old daughter.

THE DEFENSE
Kevin Reddington, Attorney, Brockton, Mass.

+ Born in Cambridge, Mass., in 1951

+ Graduated from Boston College in 1972 and from Suffolk University Law School in 1975

+ Represented former Red Sox player Mo Vaughn in 1998 and won his acquittal on a drunk driving charge. Using an insanity defense, he lost the case against Michael McDermott in 2002. McDermott was charged with murder after shooting seven of his coworkers at Edgewater Technology in Wakefield. He also defended Richard Shuman who was convicted after shooting two of his business associates in Stoughton in 1997. He represented former priest Ronald Paquin, who was charged in 2002 with raping an altar boy more than 50 times. Paquin was convicted.

+ After Thomas Toolan was arraigned in Nantucket District Court on Nov. 22, 2004, Reddington stated to the Associated Press, "It's a beautiful island, but it is very parochial. Everyone knows everyone. I wouldn't want to try a case here."

THE JUDGE The Honorable Richard F. Connon Associate Justice with the Barnstable Superior Court

+ Born in Holyoke, Mass., May 31, 1940

+ Appointed Associate Justice by Gov. Michael Dukakis in 1990

+ From 1982 to 1990 was a judge in the Northampton District Court

+ Prior to becoming a judge he was in private practice with the firm Davenport, Millane, Connon and Ryan from 1970 to 1982

+ Graduated from St. Anselm College and Western New England College School of Law

+ Published in Judicial Wellness

+ Pointers he gives attorneys: "Be on time, be prepared, be brief and to the point."