May 30, 2013 - 12:59 PM
THE ISSUE IS WHETHER THE KNIFE WAS IN HER HAND WHEN SHE WAS FATALLY SHOT.
Penticton police found Kalmring lying on her bedroom floor, fatally shot in the face at close range by a nine millimeter handgun, 12 jurors heard today as the second-degree murder trial for former Mountie Keith Gregory Wiens began.
In his opening address to the jury today, Crown lawyer Colin Forsyth outlined the evidence he intends to prove in the Aug. 16, 2011 death of Kalmring.
He said evidence will show police found her with a knife in her left hand. But he said jurors will have to determine whether the knife was in her hand when she was fatally shot.
He said a police witness will testify that the knife was removed from her hand without any difficulty.
Forsyth said police witnesses responded to the scene following a 911 call from Wiens at 12:21 a.m who told them he had shot his wife and made a terrible mistake. He said the investigation found the gated residence empty but for a small dog hiding under the bed in the room where Kalmring's body was found.
The crown expects to examine up to 25 civilian, police and expert witnesses during the two-week trial. The jury will be shown graphic photographs of the crime scene and of the accused on the night of the murder.
Police witnesses involved in the investigation, forensic examination and autopsy will also testify. Evidence from the autopsy and blood stain analysis will describe how the victim died from brain trauma caused by a gunshot fired less than 30 inches away. A blood analysis also reveals Kalmring was drinking on the night of her death and had a blood alcohol level just over the legal driving limit.
Kalmring's sister will also testify. She was the last person to speak to Kalmring on the phone at 11:45 p.m. Forsyth said she will testify her sister was in tears over a dispute she was having with her husband over financial problems. Kalmring's sister was also on a camping trip with the couple a week prior, when Kalmring told her of the difficulties in her relationship with Wiens.
Other friends and family members are expected to testify, including Kalmring's daughter and son-in-law and three of Kalmring's ex-husbands who will testify to her peaceful character.
Forsyth's outline of the case is not considered evidence. Wiens appeared in court today represented by defence lawyer Ian McKay. The seven-woman, five-man jury will decide if the facts presented prove Wiens guilty. Justice Geoff Barrow will ultimately decide whether the law supports their verdict.
To contact the reporter for this story, email Julie Whittet at email@example.com or call (250)718-0428.
News from © InfoTel News Ltd, 2013