Saint John teen guilty of 2nd-degree murder
Last Updated: Tuesday, January 19, 2010 | 5:30 PM AT
CBC News
A Saint John jury has found a 16-year-old teenage girl guilty of second-degree murder in the death of 78-year-old Frank Tonge last June.
There was little reaction in the courtroom when the jury announced the verdict Tuesday afternoon. Justice Hugh McLellan of the Court of Queen's Bench had earlier warned the spectators against any outbursts.
The 16-year-old girl turned to look at her mother and mouthed "I'm sorry" and "I love you" before being led out of the courtroom.
Shortly afterward, the girl's mother collapsed in the washroom. An ambulance arrived at the courthouse and she was removed on a stretcher.
In her final summation to the jury last week, Crown prosecutor Lucie Mathurin said the teenager's actions on June 5, 2009, were planned and deliberate. The girl, who cannot be named, packed a knife and gloves, walked to Tonge's house in Damascus, northeast of Saint John, and stabbed him in the neck, Mathurin told the court.
Mathurin said there were no signs of a struggle and that Tonge had been struck from either behind or the side.
Defence lawyer David Lutz argued his client acted in self-defence.
Lutz said the girl stabbed Tonge because she was tired of being fondled by him. The girl, who was 15 at the time, said she was dependent on marijuana and Tonge would give her the drug in exchange for kissing, hugging and fondling her.
On Monday, after nine hours of deliberation, the jury members paused to ask McLellan to clarify the difference between second-degree murder and manslaughter.
The questioned appeared to rule out a not guilty verdict. The girl's mother dropped her head into her arms as the jury members asked for the clarification.
After the verdict was announced, Lutz said he had hoped for a different outcome.
"I can see the jury was struggling with second-degree or manslaughter. I was hoping for manslaughter," he said.
Members of the girl's family and Tonge's family avoided reporters.
On Friday, the court heard from four witnesses for the defence: women in their 40s and 50s who claim they were sexually abused by Tonge as children.
One of the women broke down on the stand describing the alleged incidents, which she said ranged from touching to rape.
Three of the women called by the defence said they came forward after hearing of Tonge's murder because they believed it must have involved a sex-abuse victim.
One of the women said she came forward because she was sure the accused girl had gone through what she had endured and she wanted to help her.
The girl will return to court on Feb. 19 for sentencing.
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