'Delay is unfair to everyone': Trial date set in 2020 murder of 100-year-old Corning man

Jeff Smith, Corning Leader
·3 min read

Nearly four years after Brenda McKay was charged with beating 100-year-old World War II veteran Gerald Early to death with a hammer in his Corning home, the case is finally set to go to court.

The trial is currently scheduled to start May 13 in front of Steuben County Judge Chauncey J. Watches.

McKay, 55, has been in Steuben County Jail since she was charged in early June 2020 with second-degree murder in connection with Early’s death.

Steuben County District Attorney Brooks Baker said the trial date has been long delayed due to the lack of a defense report on McKay’s psychiatric condition at the time of the murder.

Psychiatric report impacting timeline for trial

Chris Tunney, Steuben County special assistant public defender, is leading McKay’s defense. Tunney said he expects the forensic psychiatric report on McKay to be completed imminently.

“We are all anxiously awaiting this report,” Tunney said. “It is unfair to everybody involved. To the court, the families involved, obviously the victim's family, and even the McKay family. This delay is unfair to everyone. We are doing everything to make sure this case is tried as soon as possible.”

Baker said May 13 is the current date for trial, but the defense's forensic psychiatrist report is not yet completed. The report could impact the timeline for the trial, or obviate the need for a trial altogether.

“That’s what actually is complicating the process,” Baker said. “It’s very frustrating.”

A photo provided by his family shows the late Gerald Early, who celebrated his 100th birthday in March 2020.
A photo provided by his family shows the late Gerald Early, who celebrated his 100th birthday in March 2020.

Baker said once he receives the defense’s forensic psychiatric report, he will hire a forensic psychiatrist to complete a separate report on McKay.

“We get our report in, and we hand it over to the prosecution and they do their own report,” Tunney said. “Either our experts agree with one another, or they don’t. If they agree with one another, then we may be able to resolve this case without a trial. If they don’t, we will go to court and let the jury decide.”

Baker said if the defense report is not filed soon, he is unsure if the Steuben County District Attorney's forensic report would be completed in time for a May 13 jury trial, potentially creating an additional delay.

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WWII veteran was discovered unconscious in home 

Corning City police responded to Early's 62 W. First St. home at about 1:15 p.m. on June 6, 2020, after Early was discovered by a caretaker with severe head trauma, according to city police. Early was unconscious and was pronounced dead after being flown to Robert Packer Hospital in Sayre, Pa.

Early was a World War II veteran and businessman who served as a Merchant Marine on D-Day.

Corning police said McKay was a former employee of Early doing small tasks around the house and cleaning.

A motive in the attack was not disclosed.

According to then-Corning Police Chief Jeff Spaulding, McKay had no previous criminal record.

If convicted of second-degree murder, McKay could face up to 25 years to life in prison.

This article originally appeared on The Leader: Trial date set in 2020 murder of 100-year-old Corning World War II vet