SALEM – A Superior Court judge has allowed the lawyer for Kristen A. LaBrie, the Salem mother accused of withholding medication from her autistic, cancer-stricken son, to file late a notice of lack of a diminished capacity defense, despite objections by the district attorney.Assistant District Attorney Kate B. MacDougall argued that defense lawyer Kevin James failed to raise the psychiatric issue earlier as required as part of preliminary trial motions, but James insisted he did earlier during the Salem District Court hearings.Salem Superior Court Judge Timothy Q. Feeley allowed James to file the late notice.But now, because a diminished capacity has been allowed to enter the case as part of the defense, prosecutors want time to have their own psychiatric examination by their medical expert.MacDougall stated because of the late disclosure by the defense, she will need time for her expert and isn’t sure he can get it all done by the trial date in three weeks.The case had been assigned for trial before Judge Richard E. Welch, III in Lawrence Superior Court on Nov. 15. That date will still be scheduled, but instead of the trial commencing, Feeley set down the date for preliminary trial motions to be heard.