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The father accused of killing his 10-year-old son wants to change his plea to not guilty by reason of insanity.
Joshua Smith, 35, is charged with depraved indifference murder in the Feb. 18, 2024, death of his son, Braxtyn Smith, who had endured months of abuse. The child’s paternal grandmother, Mistie Latourette, 59, is facing the same charge.
Smith pleaded not guilty in March 2024. He asked to change his plea Tuesday morning to not guilty by reason of insanity in Penobscot County Superior Court. Judge Ann Murray did not say if she accepted the plea or not.
His request came days before a jury trial was scheduled to start for him and Latourette. However, both waived their right to a jury trial Tuesday, opting instead for a bench trial.
Smith has been forensically evaluated but his attorneys requested a different assessment, which Murray denied. He could not be evaluated and be ready for a jury trial that was supposed to start Monday, Murray said.
Latourette’s trial will likely start Tuesday, depending on witness availability. Smith will be back in court on Thursday.
Braxtyn’s mother, Jem Bean, previously pleaded guilty to manslaughter in her son’s death. Bean will likely be called to testify at the trial, her attorneys said previously.
A 15-page document released in March 2024 outlined the horrific abuse Smith, Bean and Latourette allegedly inflicted on Braxtyn. The adults described to police how the boy was zip-tied to chairs and to his parents, forced to dig through the trash for food, and called insulting names, according to the affidavit for probable cause compiled by the Bangor Police Department.
All three are held in the Penobscot County Jail.