GUILTY Canada - Tess Richey, 22, Toronto, 25 Nov 2017 *Arrest*

[Flowercb]

I predict a quick guilty verdict based on the evidence.

 

[Flowercb]

Judge to give instructions before deliberations in Kalen Schlatter trial

 

[Flowercb]

Alyshah Sanmati Hasham on Twitter In court instruction to jurors today.

 

[nuff]

I've only seen the live-tweets of Dambrot's charge to the jury, but I found his instruction about finding first degree murder only if TR didn't consent to sex very confusing. I need to see what the media summaries say, but does anyone else agree? (My guess is they'll convict of 2nd degree or manslaughter.)

 

[Lexiintoronto]

What the jury didn’t hear article.

**CAUTION: GRAPHIC

https://www.cbc.ca/amp/1.5504329?__twitter_impression=true

 

[JDG]

Thanks Lexi. No wonder the judge continued with this trial even though everything has shut down. They want him under lock and key asap.

 

[nuff]

I've only seen the live-tweets of Dambrot's charge to the jury, but I found his instruction about finding first degree murder only if TR didn't consent to sex very confusing. I need to see what the media summaries say, but does anyone else agree? (My guess is they'll convict of 2nd degree or manslaughter.)

Apologies for quoting myself (!), but I had a discussion with a lawyer friend about this. I don't think what I read made it clear, but what I think Dambrot was saying was that, if TR were killed in the course of a felony (sexual assault), it would be first-degree felony murder under Cd. criminal law. If there were no sexual assault, it would more likely be 2nd degree or even manslaughter. (Of course, if the jury had known KS's history, as reported yesterday, it might have affected their verdict, but the judge clearly wants an appeal-proof outcome.)

 

[Flowercb]

Journalist Adam Carter is at the courthouse this morning on jury watch. Adam Carter (@AdamCarterCBC) | Twitter

 

[JDG]

Please post the content, not everyone can get the twitter feeds. Thanks.

 

[Flowercb]

Please post the content, not everyone can get the twitter feeds. Thanks.

All he is saying right now is that he is at the court house on Jury watch for the KS trial and will tweet any updates. I will post what he updates when he does have something to report.

 

[Flowercb]

Jury was just back in the court room to ask a question about DNA evidence. "Jury now in the courtroom. The jury wants to know about the DNA evidence on Richey's pants. They want to know about the visibility of the semen found there." "They're now playing an audio recap of that portion of evidence." "There was some whiteish staining observed on Richey's left outer thigh, the jury hears. There isn't always a visible stain in instances like this, but chemical tests were used to locate the semen." That's it, Jury has left to continue deliberating. Adam Carter on Twitter

 

[Flowercb]

That’s it for deliberations tonight. The jury will resume at 10 a.m. tomorrow morning. Adam Carter on Twitter

 

[Lexiintoronto]

Jury was just back in the court room to ask a question about DNA evidence. "Jury now in the courtroom. The jury wants to know about the DNA evidence on Richey's pants. They want to know about the visibility of the semen found there." "They're now playing an audio recap of that portion of evidence." "There was some whiteish staining observed on Richey's left outer thigh, the jury hears. There isn't always a visible stain in instances like this, but chemical tests were used to locate the semen." That's it, Jury has left to continue deliberating. Adam Carter on Twitter

What might they be thinking.

 

[Flowercb]

What might they be thinking.

They could be trying to see if the sex was consensual because that would be the difference between 1st degree and 2nd degree, I think. The fact they were holding hands leaves a question mark out there. But he could have told her, come with me I will show you a short cut? It would depend were she was supposed to meet her uber. Also, how did she get down the stairs. Did he push her or did she go with him? Leaving her dead though, what is the additional charge for that, even if it was consensual sexual contact?

 

[Lexiintoronto]

Here’s a re-post of Adam Carter’s tweets of the Judge’s charge to the jury:



I believe they will convict him, but they’re debating 1st or 2nd degree.

Are they thinking of his state of mind to commit murder, as mentioned above?

Consciousness of guilt—why not clean up a visible semen stain if you’ve just murdered someone? (Sorry for being graphic) If that their question, he may not have seen it in the lighting and wet stage as it dries more ‘flat’-coloured and more opaque. (?)

^^no idea, just trying to make sense of it.

I haven’t followed closely enough to know if he staged her remains in any way. For example loosening the scarf or changing tell-take signs that may link the scene to his past behaviour or *advertiser censored* viewing habits.

I believe they’ll come back with a verdict tomorrow. JMO

 

[Lexiintoronto]

Adam Carter on Twitter

The jury stayed until 8:00 pm yesterday, instead of 7:00.

 

[nuff]

Consciousness of guilt—why not clean up a visible semen stain if you’ve just murdered someone? (Sorry for being graphic) If that their question, he may not have seen it in the lighting and wet stage as it dries more ‘flat’-coloured and more opaque. (?)

^^no idea, just trying to make sense of it.

I haven’t followed closely enough to know if he staged her remains in any way. For example loosening the scarf or changing tell-take signs that may link the scene to his past behaviour or *advertiser censored* viewing habits.

I always wonder if juries behave and do not access those "what the jury didn't know" articles or the information they contain. This jury should not be aware of his tastes in *advertiser censored*-viewing, nor of the fact that choking women excited him. IF some member(s) were, they could be wondering what excited him enough to ejaculate (apologies for being so graphic) and cause a large visible stain. Given he was with her only 45 minutes, I doubt he did much if any staging or tidying up - plus it must have been quite dark.

Dambrot spoke of consent. If I were on this jury, I'd be wondering, given her state, if she had the capacity to consent.

I'm surprised they haven't yet (Sunday, almost 3 pm) reached a verdict.

 

[JDG]

I always wonder if juries behave and do not access those "what the jury didn't know" articles or the information they contain. This jury should not be aware of his tastes in *advertiser censored*-viewing, nor of the fact that choking women excited him. IF some member(s) were, they could be wondering what excited him enough to ejaculate (apologies for being so graphic) and cause a large visible stain. Given he was with her only 45 minutes, I doubt he did much if any staging or tidying up - plus it must have been quite dark.

Dambrot spoke of consent. If I were on this jury, I'd be wondering, given her state, if she had the capacity to consent.

I'm surprised they haven't yet (Sunday, almost 3 pm) reached a verdict.

I believe the juries are sequestered before the verdict and see nothing in the media.

 

[nuff]

I believe the juries are sequestered before the verdict and see nothing in the media.

I don't know that they are routinely sequestered, nor have I seen anything saying this one is. Hope so. I know they were given a larger space (empty courtroom) for deliberations so they could all sit at a distance from one another.

 

[Lexiintoronto]

“Now being told that unless something changes, the jury will break for dinner at 7 p.m. and then call it a night. Deliberations would then resume tomorrow morning at 10 a.m.”
Adam Carter on Twitter