WARNING: This story may contain disturbing content
The trial of a Langley woman accused of murdering her seven-year-old daughter could wrap up soon, or be extended by the testimony of one more expert witness.
On Thursday, April 15, Justice Martha Devlin is expected to rule on whether or not the Crown prosecutors can call a rebuttal witness in the trial of KerryAnn Lewis.
Lewis is charged with first-degree murder in the July, 22, 2018 death of Aaliyah Rosa.
The judge has heard evidence from police investigators, as well as the witnesses who discovered Aaliyah’s body on the bathroom floor in Lewis’s condo.
The Crown has alleged that Lewis, upset over the limited amount of visitation rights she had with her child, gave Aaliyah prescription and over-the-counter medications before drowning her in the tub.
But the defense brought in a late expert witness, a pediatric neuropathologist, who testified that Aaliyah suffered from a pre-existing condition that could have made even a bump on the head lethal.
Although the Crown has rested its case, prosecutor Kristen LeNoble asked Devlin for permission to question a rebuttal witness, Dr. Marc Del Bigio, a University of Manitoba neuropathologist.
Defense lawyer Marilyn Sandford opposed the rebuttal witness. Legal arguments before the judge concluded last week, and Devlin is expected to make her ruling on Thursday morning.
If Devlin rules against the rebuttal witness, it could bring the long-running trial to a close fairly soon.
The trial was expected to wrap up last fall, but delays due to COVID-19 illnesses among the witnesses, Lewis’s health issues, and additional witnesses saw it extended. At one point, Lewis collapsed in the courtroom during a hearing and had to be removed for medical care.
Have a story tip? Email: email@example.com