Tracy Cusick's son recalls final memory of mother

One of the first witnesses in the Kenneth Cusick trial shared a happy memory of the deceased Tracy Cusick, and one of her last.

Josh Mammen, 25, of Utica, is Tracy's son from a previous relationship and was brought forward to testify about life with Tracy as well as the night prior to her death.

Kenneth Cusick, 52, of Ottawa, is charged with drowning his wife Tracy in a toilet in their home 13 years ago. The defendant was in attendance for opening arguments and testimony Wednesday morning.

Mammen, 11 at the time, was off from school for the day celebrating Martin Luther King Day and spent it working on a school project.

"I've never seen her so happy," Mammen said.

The two were working on a "rock 'n roll" project and discovered both of them had an affinity for The Grateful Dead. He never heard her listen to the music and she didn't know he was even familiar with the rock band.

A picture was shown at the start of Mammen's testimony depicting a Halloween photo of the two and Tracy's daughter with Kenneth.

Mammen said life with his mother was pleasant and he shared fond memories, including trips to Buffalo Rock State Park to visit the bison and hike. He recalled Tracy was a pre-school teacher at Zion Lutheran for a couple of years but believed she was unemployed at the time of her death.

One of those fond memories took place the night before her death, when Tracy and her two children gathered to watch "Rugrats Go Wild" in Mammen's room. He recalled her engaging with the two of them by using interactive "scratch and sniff" pamphlets included with the movie.

The movie completed around 9 p.m. and Tracy left Mammen in his room where he fell asleep with the TV on.

He was undisturbed throughout the night except for waking at 2 a.m. to the sounds of a passing train and his TV. He recalled being thirsty but didn't leave his room.

He woke at 6 a.m. and put on some cartoons when Kenneth entered the room.

Mammen said Kenneth appeared "pretty frantic" and told him to not leave the room. Mammen stayed until Kenneth's mother Shelia retrieved him.

He did not see his mother after their night together watching a movie and was spared the image of an ambulance when leaving the house — and was later told the news from an uncle.

He moved in with his biological father following the death and rarely visited his previous home with Tracy and Kenneth except for some holidays.

Mammen is just one of three witnesses to take the stand Wednesday as the trial continued into the afternoon.