Defence in Calvin Lewis murder trial says it has finished presenting evidence

A lawyer for a Hillsborough man on trial for murder says the defence doesn't expect to call any further evidence. 

Calvin Andrew Lewis is charged with first-degree murder in the May 2, 2020, stabbing death of Tina Tingley-McAleer in Hillsborough, south of Moncton.

His trial began April 20 in Moncton's Court of Queen's Bench but was adjourned for weeks as defence lawyers and Crown prosecutors weighed calling further evidence.

Lawyers gave updates Thursday to Court of Queen's Bench Justice Robert Dysart and went through legal arguments about hearsay evidence. 

Dysart noted the slow pace of the trial, taking place before a judge alone, on Thursday.

"As you can appreciate, this can't linger indefinitely," Dysart said. 

Defence closes its case

Defence lawyer Nathan Gorham said they are prepared to close their case, meaning no further evidence will be given in Lewis's defence.

Both sides had been surprised by different elements of testimony by psychiatrist Dr. Ralph Holly on April 28. 

Holly, a psychiatrist at the Restigouche Hospital Centre, was called by the defence and declared an expert witness. 

Holly testified that after evaluating Lewis in 2020 and listening to the trial evidence, he believes Lewis likely had psychosis related to his frequent use of methamphetamine. 

He also suggested Lewis's brain could be scanned for signs of frontal lobe damage related to drug use. 

While the defence previously said it wanted the scan before the trial could continue, Gorham on Thursday said it had yet to happen. 

He said the defence consulted two other doctors and concluded the scan wouldn't be enough to establish a stand-alone defence in the case. 

Crown still waiting for report

Meanwhile, the Crown planned to call a doctor to rebut Holly's drug-induced psychosis testimony. 

Crown prosecutor Malika Levesque said they hoped to have a report by the rebuttal witness in hand by Tuesday this week but have yet to receive it.

The judge will set further trial dates on Aug. 23.

Lewis has admitted he killed Tingley-McAleer but does not admit intending to kill her. First-degree murder is a homicide that's planned and deliberate. 

The trial heard from 10 Crown witnesses and two defence witnesses, including Lewis himself, over seven previous days.

Crown witnesses have testified that there were regular arguments, and that Lewis had a history of threatening to kill Tingley-McAleer with a knife. 

An autopsy found Tingley-McAleer had 32 stab and cut wounds, including to her heart and lungs, the statement of facts says. 

Lewis testified he used meth daily, taking tablets sometimes 10 to 15 times a day. He also regularly used cannabis and Percocet painkillers. 

He testified he believed Tingley-McAleer was plotting to kill him. Others testified Lewis would wander around his home muttering, talked about hearing people in walls, and would jump from subject to subject.