October 26, 2021

Defense in murder trial seeks to examine evidence

Joe McIntyre/staff photographer

Dorain Bohn responds to questions from Judge Julie Campbell during a June 2018 hearing in Cortland County Court. File Photo.

The lawyer for a man charged with the murder of a 2-year-old girl asked Thursday in Cortland County Court to have several pieces of evidence, including DNA, turned over for examination by an expert witness.

Dorian Bohn, originally from Buffalo, is charged with second-degree murder and first-degree manslaughter, felonies, in the April 19 death of Kassidy Dains.

Cortland County Public Defender Keith Dayton, who represents Bohn, appeared before Judge Julie Campbell where he asked for evidence related to DNA collected and tested, a field sobriety test, notes taken by witnesses and investigators and photos, among other items.

However, District Attorney Patrick Perfetti argued some of the evidence doesn’t need to be given to the defense until just before opening statements. He added the prosecution does not yet have some of the evidence the defense wants, including raw data from some of the technical investigation and coroner’s notes.

“We made the demand, it’s up to the people to meet that demand,” Dayton said. He noted it could take his expert two to three weeks review and test the DNA.

Campbell reserved judgment.

Dayton also said he had not received the autopsy photos or coroner’s notes from the prosecution. Perfetti said he had given the defense the autopsy photos and would be able to turn over the coroner’s notes once he had them.

Bohn told police that Kassidy was coloring on the floor of her bedroom on April 19 while he drank and watched television in an adjacent room. Kassidy’s mother, Krystal, was at work.

Bohn heard a thud at 7:17 p.m., he told police, and went to the bedroom to find Kassidy on the floor and assumed she had fallen 5 feet from the bunk bed that had been installed a couple of days earlier.

He later told police he did not immediately seek medical treatment and allowed the child to sleep.

In April, Cortland County Coroner Kevin Sharp testified in Cortlandville Town Court that his initial viewing of the body revealed numerous bruises on Kassidy’s arms, legs, shoulders, chin and back. He determined Kassidy’s death was a homicide.

Bohn’s trial is scheduled to begin Jan. 22 in Cortland County Court.