Also happening now is the sentencing hearing for Richard Isaac. 13 people are giving victim impacts for Victoria Selby-Readman. Crown seeking a life with no parole for 18 years.
"This crime is truly beyond anyone's comprehension. It is just unbelievable," said Selby-Readman's mother. The violent murder of her daughter has been soul-destroying for her.
In her sentencing submissions, Crown prosecutor Tania Monteiro referenced Isaac escalating pattern of violence against women.
The defence asked for no parole eligibility for 12 years (h/t @cmcdonaldglobal) With second-degree murder the judge has to decide how long he must wait before he can apply for parole between 10 and 25 years. Crown asked for 18. Doesn't mean you get parole at that time.
Isaac did choose to address the court but we couldn't hear what he said because he wasn't near a microphone. The judge will give his ruling on Dec. 18. I won't have a story today, though I did hear some of the heartbreaking victim statements, but will for the decision.
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The defence has started cross-examination of Dr. Percy Wright, whose testimony yesterday is summarized here: thestar.com/news/gta/2020/…
The questions start with asking how Dr. Wright chooses what to include in the report. He says it's guided by his clinical understanding. Defence says it's at his discretion, sometimes uses quotes, sometimes summarizes. He agrees.
(This is a line of questioning inspired by the Crown repeatedly calling the defence expert selective and misleading for not including parts of what Minassian said in the interviews)
We are starting with the defence re-examination of Dr Westphal (day 7 on the stand). First the judge has a q. Follow along here or at the link below: thestar.com/content/thesta…
Justice Molloy wanted to know how many people in the population have autism spectrum disorder (what the best estimate is). Westphal said it's currently considered to be 1 in 60 people.
The defence has read a tonne of stuff from cross-examination back to Westphal, in which he appears to agree w Crown that Minassian knew what he was doing was morally wrong. Westphal said he may not have picked up on the subtlety of the questions.
The cross-examination of Dr. Alexander Westphal by the Crown continues today (Day 3.5). Prosecutor Joe Callaghan starts with a new section of Westphal's reports, suggesting again Westphal left crucial information out. thestar.com/news/gta/2020/…
The report says: "Minassian recognized feeling a "sense of readiness and happiness" when he rented the van and a feeling of "nervousness" when he was driving." Westphal explains nervousness means Minassian's initial worry he wouldn't be able to do through with it.
Crown suggest the nervousness can be linked to Minassian having feelings about his victims. Westphal said in his report: "He was not able to identify any particular feelings associated with the killing of his victims."
The cross-examination of Dr. Alexander Westphal continues today in the Toronto van attack trial (his fifth day on the stand, he's spent about 1.5 days in cross already).
Looks like the Crown has picked up on the same theme we spent much of yesterday on: examples where Minassian is clear, responsive, thoughtful and not child-like which he suggests is in opposition to what the defence psychiatrist said.
Now talking about the police interview Minassian did. Westphal calls it "an amazing interview." But he says the "backbone" of Minassian's story was based on Elliot Rodger's manifesto and he was just reciting things.
It's Dr. Alexander Westphal's fourth day on the stand, and Crown prosecutor Joe Callaghan will continue cross-examining him. My story on what happened yesterday is below, and you can follow my live-tweeting there or here. thestar.com/news/gta/2020/…
We also just got copies of the transcripts of the video clips played in court. The videos themselves cannot be released as a condition of Westphal testifying. I'm almost certain that, having seen them, there is no reason they would not be released under normal circumstances.
The Crown starts off by talking about Dr. Bradford's notes of his interviews with Minassian. Asks Westphal if he read them.
Westphal says he did, considered them part of medical records.
(Yesterday he said he didn't read any notes done by the other assessors).
We are back up at Alek Minassian's trial. Dr. Alexander Westphal is on his third day of testimony. Follow along here or below. Still waiting on the bottom line on how what he's said so far actually get Minassian to being not criminally responsible.
Westphal is still in examination-in-chief, and Minassian's defence lawyer Boris Bytensky is asking questions. Defence is asking about American insanity defence cases where autism spectrum disorder has been the defence. Judge says it is important to get case law references.
She is not willing to just take Dr. Westphal's word about what courts have said. Defence says the questions will involve cases Westphal has been involved in. Crown says his understanding is that these cases have not been reported, so no way to verify.