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Crown wants murder verdict in death of toddler found outside Edmonton church

Joey Crier is seen in this police handout photo provided as evidence by the Court of Queen's Bench of Alberta. A Crown prosecutor says a man charged in the death of his 19-month old son should be found guilty of second-degree murder. Allison Downey-Damato delivered a closing statement Friday to Court of Queen's Bench Justice David Labrenz at a trial for Joey Crier.
Image Credit: THE CANADIAN PRESS/HO, Court of Queen's Bench of Alberta

EDMONTON - A Crown prosecutor says a man should be found guilty of second-degree murder in the death of his 19-month-old son whose lifeless body was found outside an Edmonton church.

Joey Crier, who has pleaded not guilty, and his then-girlfriend Tasha-Lee Doreen Mack were each charged in the death of Anthony Joseph Raine in 2017.

Prosecutor Allison Downey-Damato delivered a closing statement Friday morning at Crier's trial.

"The defence has conceded that the accused is guilty of manslaughter," she told Justice David Labrenz, who is hearing the case without a jury.

"The sole issue for this court to decide is whether the accused is guilty of second-degree murder."

She said both Crier and Mack owed Anthony a duty of care, but she suggested that the evidence shows Crier carried out the abuse and Mack might have participated behind the closed door of a bedroom.

"Against the backdrop of abuse and animus toward Anthony, he was murdered," argued Downey-Damato.

The medical evidence, she said, showed that the boy had suffered multiple blows to his head. That trauma damaged the nerves in his brain, which contributed to his death, she said.

"Anthony's body tells us what happened to him," she said. "This was not a loss of control.

"This was a baby who was subjected to a series of ongoing assaults."

Downey-Damato added that evidence showed Anthony did not die immediately.

"His death was three to 18 hours later," she said. "His injuries would have been obvious and apparent to everybody."

She said Crier didn't ask for help and kept Anthony hidden and isolated until he was abandoned outside the church.

"No one found him for three days."

Downey-Damato said Crier told police in an interview entered as evidence that Anthony said 'dad' as Crier walked away, but Crier acknowledged he didn't feel a bond or attachment to his son.

"He abandoned a brutally beaten baby," she said.

There are no other reasonable alternatives in the case, she said.

"He intended to cause the bodily harm" she said. "An inference of intent can be drawn from his conduct and all of the facts and circumstances of this case.

"There's no other possible explanation."

The defence was to give its closing arguments Friday afternoon.

Mack was found guilty of manslaughter last week and is to be back in court Dec. 13 to determine next steps before sentencing.

This report by The Canadian Press was first published on Dec. 6, 2019.

News from © The Canadian Press, 2019
The Canadian Press

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