Defence legal professionals for a teen lady accused of fatally stabbing a homeless man in Toronto two years in the past argued Monday that an merchandise seen falling out of her pocket after the incident was not a knife however a marker.
The lady is certainly one of two teenagers on trial within the alleged homicide of Kenneth Lee, who died on Dec. 18, 2022 after he was crushed and stabbed in a downtown Toronto parkette. Each ladies, who have been 14 and 16 on the time, have pleaded not responsible to second-degree homicide.
Courtroom has seen safety video of a bunch of teenagers, together with the 2 accused, violently swarming Lee till a shelter worker intervenes and breaks up the struggle.
Prosecutors allege the youthful lady stabbed Lee with a knife within the last moments of the confrontation, however the lead detective within the case acknowledged Monday that Lee doesn’t make any explicit actions that might point out he’s been stabbed.
Getting a transparent and complete sense of what occurred within the parkette has been one of many central challenges of the investigation, Det. Rodney Benson mentioned.
“There’s so much going on,” he famous.
The Crown has pointed to 2 movies the place it alleges the youthful teen is seen with a knife after the incident.
Safety and cellphone movies performed in courtroom present the group wandering round Union Station after leaving the parkette, till a teen boy who was with them for a part of the evening is injured with what the Crown alleges is a pointy object.
As safety workers are inclined to the boy, an object with a blue finish will be seen falling out of the youthful accused lady’s pocket, and he or she bends down to choose it up. Prosecutors alleged final week that the merchandise is a knife.
No related object was ever recovered as a part of the investigation, nor did officers ever discover a knife, Benson testified.
On Monday, defence counsel for the youthful lady confirmed video of her arrest captured on an officer’s body-worn digicam. Within the video, the officer removes a number of gadgets from the lady’s jacket, together with a Sharpie marker. A Sharpie with a blue cap can later be seen in a pile of the lady’s belongings.
Requested whether or not the thing seen falling out of the lady’s pocket at Union Station could possibly be a Sharpie, Benson mentioned he “can’t disprove” that chance.
“That’s certainly an explanation for it,” the detective mentioned in cross-examination.
Prosecutors additionally allege the identical lady dropped a knife exterior the station because the group was strolling within the space, however defence legal professionals argued that object was in actual fact a marijuana grinder – which they mentioned the teenager had together with her when she was arrested.
Two small scissors and a pair of tweezers have been additionally discovered on the lady on the time of her arrest, courtroom has heard.
Blood was discovered on two areas of one of many scissors, however forensic assessments couldn’t establish who it belonged to, in accordance with an agreed statements of truth learn Monday. Blood was additionally detected on three areas of the lady’s jacket, together with the entrance pocket, however Lee was excluded because the supply, courtroom heard.
An post-mortem discovered that Lee, 59, died as a result of blood loss after he was stabbed within the coronary heart. The forensic psychologist who examined his physique mentioned the deadly wound was massive and made up of 1 or two cuts.
Dr. Magdaleni Bellis advised the courtroom final week it was “not very likely” that the scissors discovered on the teenager would have prompted that wound as a result of the blades appeared quick as compared.
The scissors might have prompted a smaller stab wound close to Lee’s armpit that didn’t contribute to his dying, Bellis mentioned.
Eight ladies have been arrested and charged within the hours after Lee’s dying. Since then, three have pleaded responsible to manslaughter and one to assault with a weapon and assault inflicting bodily hurt.
Two different ladies are set to face a trial by jury in Might, one on a cost of second-degree homicide and the opposite on a cost of manslaughter.
