Final arguments wrap up in Teskey retrial

There were no eyewitnesses to a vicious Edmonton beating, but a "constellation" of evidence should be enough to prove Leo Teskey is guilty of aggravated assault, the Crown argued Thursday.

This is the second time Teskey, 37, has been on trial for an attack on Dougald Miller, 67,who was beaten so savagely in the building he managed thathe is now bedridden and can only communicate by blinking.

Teskey was convicted on the charge five years ago and designated a dangerous offender, but the Supreme Court set aside his original conviction because the first judge took too long to issue his written reasons.

In final arguments Thursday, Crown prosecutor Kevin Mott admitted it was a very circumstantial case but argued there were too many coincidences for Teskey to be innocent.

He said each piece of evidence presented by the Crown worked together as proof of Teskey's guilt that he beat Miller then left him lying in the hallway while he ransacked his apartment:

• An eyewitness identified Teskey from a lineup as a sleeping man he passed in the apartment building three times on the morning of the attack on Miller.
• Teskey's fingerprint was found on a puzzle box that had been in the apartment buildingfor several months and was seen near the sleeping man.
• Pieces of clothing belonging to the Millers were found in the accused's apartment.
• Teskey had sold movies with the same titles as ones missing from the Millers' apartment.

"It is my respectful submission that anger, swiftly followed by greed, is the motive," said Mott, pointing out there was no other argument since the defence put up no witnesses during the trial.

Teskey's lawyer, Deborah Hatch, said there was no forensic evidence linking her client to Miller, calling what happened to him tragic.

"But it is a tragedy as well to convict a man who is innocent," she said.

Hatch said there was reasonable doubt that Teskey was guilty, pointing the finger at a man police originally looked at but then rejected once Teskey became the prime suspect.

She said even if Teskey was the man sleeping in the building, he could have left before someone else attacked Miller.

Judge Eric Peterson told the lawyers he wants time to consider the complex legal issues and plans to return with a verdict on Feb. 8.