Accused meant to kill daughter, argues Crown in final submissions at B.C. mother's murder trial
Warning: Disturbing content
VANCOUVER -- Almost three years since the body of seven-year-old Aaliyah Rosa was found at the home of her mother, Kerry Ann Lewis, final arguments are now underway in Lewis’s first-degree murder trial.
Prosecutor Chris McPherson told the court the Crown’s theory is that Lewis sedated her daughter and then drowned her in the bathtub of her Langley apartment.
“The Crown submits Ms. Lewis meant to kill her daughter,” he said.
None of the allegations have been proven in court.
McPherson told the court for months leading up to Aaliyah’s death, Lewis had complained repeatedly to friends and family about her access to her daughter, which at the time involved two unsupervised visits a week, and also expressed resentment towards her ex-husband. The court heard Aaliyah’s father had custody of the little girl, following his separation from Lewis in 2016.
“The evidence is quite clear, in the Crown’s submission, that (Lewis’s) state of mind had been deteriorating,” McPherson said. “There was, at the very least, significant conflict in some of her closest relationships.”
During the trial, the court heard testimony that Lewis’s boyfriend had broken up with her, and she also was trying to get money back from a gifting club.
McPherson said on the morning of July 22, 2018, the day Aaliyah died, her mother picked her up from her father for a scheduled visit. McPherson told the court Lewis then visited a drug store, and purchased over the counter sleeping medication and an emergency single dose of Ativan.
McPherson said both the drug and the active ingredient in the sleeping medication were later found in the little girl’s system.
“It got there somehow,” he said, and added Aaliyah’s father had testified she was a healthy, active child who was rarely sick, and who never took medication on her own.
The child’s body was found later that same day in her mother’s apartment, next to the ensuite bathtub. McPherson told the court Aaliyah was wet and cold, and an autopsy revealed water in her stomach and sinus cavity.
Earlier in the trial, the court heard testimony from Lewis’s ex-boyfriend that the door to the unit had been blocked from the inside, with a bookshelf and some boxes. He testified when he and two friends arrived at the apartment that night so he could gather some things, Lewis “wasn’t speaking properly," and agreed she was slurring and appeared groggy. The court heard one of his friends testify about finding the little girl in the bathroom.
McPherson told the court there was evidence of intoxication, including testimony from witnesses who saw Lewis that night in her apartment, as well as an empty vodka bottle and partially empty whisky bottle found in the suite.
“Drunken intent is nevertheless intent,” he said. “It’s the Crown’s submission that for a person to be unable to appreciate that submerging a sedated child in water could cause the child’s death, that person would in effect need to be in a state of intoxication akin to automatism.”
McPherson also addressed the testimony of an pediatric neuropathologist called by the defence, who testified a pre-existing brain condition known as hydrocephalus combined with a blow to the head might have contributed to Aaliyah’s death.
“That is speculative at best,” he said. “One cannot take little bits of evidence and ignore the others.”
Aaliyah’s family members filled one side of the gallery during the Crown’s submissions, some wearing sparkling purple buttons bearing her name.
The trial began in October, and has heard from 22 Crown witnesses and one expert for the defence. The defence will make their final arguments next in the case, the remainder of which is scheduled for this week.
CTVNews.ca Top Stories
Doctors ask Liberal government to reconsider capital gains tax change
The Canadian Medical Association is asking the federal government to reconsider its proposed changes to capital gains taxation, arguing it will affect doctors' retirement savings.
Keeping these exotic pets is 'cruel' and 'dangerous,' Canadian animal advocates say
Canadian pet owners are finding companionship beyond dogs and cats. Tigers, alligators, scorpions and tarantulas are among some of the exotic pets they are keeping in private homes, which pose risks to public safety and animal welfare, advocates say.
BREAKING Man wanted in connection with deadly shooting in Toronto tops list of most wanted fugitives in Canada
A 35-year-old man wanted in connection with the murder of Toronto resident 29-year-old Sharmar Powell-Flowers nine months ago has topped the list of the BOLO program’s 25 most wanted fugitives across Canada, police announced Tuesday.
Prince William and wife Kate thank public for birthday messages for son Louis
Prince William and his wife Kate thanked the public for their messages which had been sent to mark the sixth birthday of their youngest son Louis on Tuesday.
She was the closest she'd ever been to meeting her biological father. Then life dealt her a blow
Anne Marie Cavner was the closest she'd ever been to meeting her biological father, but then life dealt her a blow. From an unexpected loss to a host of new relationships, a DNA test changed her life, and she doesn't regret a thing.
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Fire engulfs old Edmonton municipal airport hangar
A historical hangar at the former Edmonton municipal airport beside the NAIT main campus was on fire Monday night.
RCMP uncovers plot to sell drones and equipment to Libya
The RCMP says it has uncovered a ploy to sell Chinese drones and military equipment to Libya illegally.
Which foods have the most plastics? You may be surprised
'How much plastic will you have for dinner, sir? And you, ma'am?' While that may seem like a line from a satirical skit on Saturday Night Live, research is showing it's much too close to reality.