Accused killer of Fort Drum soldier hires lawyer, co-defendant competent to stand trial

A U.S. Army soldier accused of the 2020 fatal shooting of a fellow comrade in a wooded area in Byram has hired a veteran attorney to represent him at his upcoming murder trial after a judge agreed to reverse the 25-year-old's request to represent himself.

Jamaal Mellish, who was stationed at Fort Drum in upstate New York when he and co-defendant Hannan Aiken purportedly kidnapped Cpl. Hayden Harris and drove him to Sussex County to kill him, will now be represented by defense attorney Joel Harris, state Superior Court Judge Michael Gaus ruled on March 3.

Mellish, who insisted in February 2022 that he serve as his own attorney since "no one is willing to fight more than myself," reversed course in late 2022, filing a request with the court to hire Harris. The move comes two months before the trial is set to begin.

Mellish told the judge on March 4 he has had difficulties receiving case-related materials while he has been housed in Mercer County jail, where he was transferred last year when the court sought to separate him from Aiken. Aiken, 18, who was a juvenile at the time of his alleged transgressions, was initially held in the Morris County Juvenile Detention Facility but was later moved out following several complaints that he had allegedly assaulted other inmates. His case was moved to the adult court and he is now being held in Morris County jail.

Mellish, who was moved to the maximum security unit in the Mercer County Correctional Facility in the late summer, stated he had no issues doing research in the Morris County jail, but found resources were limited in the Mercer County facility. There is limited access to a single computer in his unit, legal research is outdated and a paralegal was rarely available to help, he said.

Documents and USB drives that have been sent to the jail since August have not been received by Mellish for reasons that are still unknown, Gaus noted.

Gaus granted Mellish's request, but warned switching from being self-represented to being represented by a lawyer is "not a bouncing ball" and it would be "highly unlikely" he would allow him to move forward in the case solo again.

Aiken's competency

Aiken's defense attorneys late last year raised concerns that the man, who was 16 at the time of the shooting, may lack understanding of the charges and consequences against him, and as a result, a judge ordered he undergo a psychological exam.

The report, submitted by a doctor at Ann Klein Forensic Center in Trenton, found Aiken was competent to stand trial, with the doctor noting that Aiken understood the roles of the judge, jurors and attorneys and did not appear irrational, paranoid or psychiatrically influenced during the evaluation, the judge said.

The judge, who has the final say on whether a defendant is competent, agreed with the doctor's determination. Thomas Militano and Matthew Young, public defenders representing Aiken, had sought their own expert but decided against it and did not contest the doctor's report.

Competency evaluations are sought by defense attorneys if they believe their client is unable to understand the nature and consequences of the proceedings against them or may be unable to assist properly in their defense due to a mental disease of defect.

Aiken, the brother of Mellish's girlfriend, has been diagnosed with unspecified schizophrenia spectrum and other psychotic disorder, attention deficit hyperactivity disorder, cannabis-use disorder and alcohol-use disorder, Gaus said, referring to the doctor's report.

Mellish and Aiken are each facing 11 counts in an indictment, including murder which carries a maximum penalty of life in prison. The young service member's death quickly became one of Sussex County's highest profile cases and shook up the small, quiet Byram community when firefighters came upon Harris' body during their annual Santa run in December of 2020.

Mellish and Aiken are accused of kidnapping Harris during a dispute over a vehicle trade in a parking lot in Glen Park, New York. Prosecutors say the duo bound and gagged the Tennessee native, and as Aiken held Harris at gunpoint, Mellish drove to Byram and shot and killed him. The men partially buried Harris under snow and then drove back to Glen Park, where they were stopped roughly six hours after Byram firefighters came upon the crime scene off Ross Road.

A trial date is set for May 1.

Lori Comstock can be reached on Twitter: @LoriComstockNJH, on Facebook: www.Facebook.com/LoriComstockNJH or by phone: 973-383-1194.

This article originally appeared on New Jersey Herald: Byram NJ: Accused killer of Fort Drum soldier hires lawyer