Lawyers defending a B.C. woman charged with second-degree murder in the death of her daughter say she should be found guilty of manslaughter instead.
The defence lawyer representing Lisa Batstone told the New Westminster court Crown could not prove the intent necessary for the murder charge.
Presenting closing arguments at the judge-only trial on Monday, the lawyer argued Batstone's mental state at the time of her daughter's death was unclear, and that there is evidence she'd consumed alcohol and prescription medication.
The body of eight-year-old Teagan Batstone was found in December 2014 in the back of a car in South Surrey. Her mother was arrested at the scene and charged with the death less than 24 hours later.
Earlier in the trial, the court heard emotional testimony from the girl's father, who said he'd spent years worrying about Teagan's safety.
He testified that he and Lisa shared custody of the girl, and that communication had been at times combative. He said he'd tried to get temporary custody of Teagan following a suicide attempt by Lisa in 2012, but the girl was returned to her mother.
During the trial, the Crown claimed Teagan had been smothered, and that her death was partially motivated by Lisa's resentment toward the girl's father.
The court heard testimony from a forensics officer about items found in Lisa's car and home, including a note that read "I'm sorry," found in the kitchen garbage.
In their final submissions, defence told the court there is no dispute as to how Teagan died, but they are arguing Lisa's mental state could have been affected by stress and disorders. Following her arrest, Lisa underwent a psychiatric assessment. Her lawyer said she was severely depressed at the time.
The defence also rejected the notion the killing was fueled by spite, saying there is no evidence Lisa hated her ex-husband more than she loved Teagan.
With files from CTV Vancouver's Maria Weisgarber
