Aset Magomadova too ill for new murder trial, court told
Cancer-stricken woman convicted of manslaughter for strangling daughter faces new 2nd-degree murder trial
A Calgary court hearing arguments about whether Aset Magomadova is too sick to stand trial a second time for killing her daughter six years ago has been adjourned for two weeks.
The cancer-stricken woman was convicted in 2010 in the strangulation death of her 14-year-old daughter Aminet.
She used a scarf to kill her teenage daughter after a violent struggle in their southeast Calgary home.
Magomadova, who is originally from Chechnya, received a suspended sentence and was put on probation.
That decision was appealed and another trial was ordered on the charge of second-degree murder.
Her lawyer is fighting to have that charge stayed, arguing that Magomadova is too sick to withstand another trial.
But the Crown says her health has stabilized and she has responded well to radiation and chemotherapy.
In April, a judge heard Magomadova — who has lately been making court appearances on a stretcher — was in palliative care and not expected to live much longer.
However, in June she was photographed by a CBC News reporter driving a scooter. CBC's Meghan Grant testified she snapped the photo when she ran into Magomadova on the street June 8.
Her lawyer said at the time she had good days and bad days and was just trying to get some air and sunshine, but later had to be picked up by her sister.
The judge is expected to rule if Magomadova will stand trial for second-degree murder Oct. 18.