Man accused in south Huntsville murders to pursue insanity defense

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Stephen Marc Stone with one of his attorneys. (Photo: Gregg Stone, WHNT News 19)

Stephen Marc Stone with one of his attorneys. (Photo: Gregg Stone, WHNT News 19)

HUNTSVILLE, Ala. – Attorneys for Stephen Marc Stone, the man accused of killing his wife and son in south Huntsville,  have filed a motion saying they will seek to prove their client is not guilty by reason of insanity.

Krista and Zachary Stone were killed in February 2013.

Krista and Zachary Stone were killed in February 2013.

Stone is charged with the murders of his wife, Krista Stone, and their 7-year-old son Zachary.  Both were killed in the family’s home on Chicamauga Trail in February 2013.

Under Alabama law,  an insanity defense seeks to prove the person didn’t know right from wrong at the time of the incident.

Last week Stone's court-appointed lawyers Larry Marsili and Brian Clark notified Madison County Circuit Judge Donna Pate that a defense expert had determined Stone was not competent to stand trial. Pate held a hearing on the issue Tuesday and said she is considering a defense request to have another doctor examine Stone to assess if he is capable of standing trial.

Prosecutors said they are seeking the death penalty for Stone.