The former Norwalk official charged in the deadly shooting of her tenant may go with a defense of extreme emotional disturbance or not guilty by reason of insanity. Attorney Stephan Seeger previously called it a case of self-defense—that Ellen Wink feared for her life when she killed Kurt Lametta on Jan. 20, 2022. But last week, Seeger let the prosecution know about two other possible defenses, as well.
“We disclosed an expert witness. The expert witness is expected to testify about mental states. Those mental states can apply to a self-defense claim. They can apply to a NGRI—not guilty by reason of insanity claim—and they can also apply to an extreme emotional disturbance defense,” Seeger told News 12.
The defense's filings led to a hearing at Stamford Superior Court Monday morning.
“Essentially, Your Honor, you can't give notice of something by giving notice of everything,” said Supervisory Assistant State’s Attorney Michelle Manning. “This severely hampers the state's ability to determine whether or not, with respect to the expert, we should get our own expert review or file a motion to examine the defendant ourselves.”
Manning argued that the expert witness should be required to turn over a report about the basis of those opinions, or the state should be allowed to depose the witness before trial.
“Counsel can go with any defense he wishes. I'm not precluding him from adequately defending his client. However, I'm asking for a couple pages in a report dictating what an expert witness is going to say,” Manning explained, adding without it, the state can’t adequately prepare for the upcoming trial.
Seeger disagreed and said a report was never prepared.
“Is the defense required to submit a report? No,” Seeger countered. “Although the state may desire a report, there's nothing to compel the defense to produce one.”
The judge ultimately put off a decision for a week, during which time Seeger is expected to confer with his expert about whether to move forward with all the defense claims. Based on that, the judge will rule on the prosecution’s request at a hearing on Monday, March 31.
“In many cases, the defense decides to hire an expert, and a report is disclosed to the state. In this particular case, the defense has chosen at this juncture not to go ahead and have our expert prepare a report which is in our right to do so,” Seeger told News 12 after court.
The latest legal development comes over three years after the shooting inside a home on Nelson Avenue that Wink owned and Lametta lived in. The two had a history of problems after Lametta allegedly stopped paying rent in September 2020 and Wink wanted him out. A police report said after the shooting, Wink called 911 and said she fired at Lametta five times because he "came at her."
During prior hearings, Seeger argued Wink was afraid of Lametta and said he'd gotten ahold of an audio recording of Lametta that bolsters that. Seeger said it included Lametta making threats against Wink and using homophobic and antisemitic language.
But the prosecution countered Wink wasn't in danger or provoked on the day of the shooting and said
graphic video from the victim's phone backs that up. Lametta was apparently
recording their dispute and ended up capturing his own death. Search warrants about the footage said the confrontation began after Wink let herself into the home to clean out the fridge because she was putting the house up for sale.
"Lametta asked Wink how she thinks she has the right to come into his house without any notice," according to one search warrant. It went on to state, "Just as Wink turns around and appears to walk away from Lametta, two gunshots are heard, and Wink is heard saying, 'You Bastard' as she proceeds to walk toward Lametta through the kitchen while firing a handgun at Lametta."
Wink has been out of custody but on house arrest with GPS monitoring since September 2022
when she was released after posting 10% of her $2.5 million bond in cash. She initially was living in the home where the shooting occurred but sold the property in 2023.
Wink was the Republican deputy registrar for the City of Norwalk at the time of the shooting but was fired after being charged with murder.